Common use of REDUCTION IN PERSONNEL Clause in Contracts

REDUCTION IN PERSONNEL. A. It is hereby specifically recognized that it is within the sole discretion of the Board to reduce its educational program, curriculum and staff and that the procedures set forth in this article shall be used in laying off personnel. When possible, teachers subject to layoff shall be notified of such layoff in writing at least 45 calendar days in advance, but not less than 14 days. The Board or its designee will meet and confer with the Association to discuss the proposed layoff prior to implementation. In addition, from year to year, and when possible, teachers subject to layoff shall be notified of such layoff by the last teacher work day of the year, but not later than June 30th. B. In order to promote an orderly reduction in personnel when the educational program, curriculum or staff is curtailed, the following procedure will be used: 1. Probationary teachers shall be laid off first. A probationary teacher shall not be laid off unless there is a tenure teacher who is certified, qualified, and available to perform the duties of the position the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogether. 2. If the reduction of personnel is still necessary then tenured teachers in the specific positions being reduced or eliminated shall be laid off on the basis of seniority except as hereinafter provided. Layoffs made pursuant to this section shall be made in the inverse order of seniority, i.e., those with the least seniority are to be laid off first. a. Seniority, for the purposes of this article, shall be defined to mean length of continuous service as a bargaining unit member. Time spent on layoff up to two (2) years shall not be construed as a break in continuous service and seniority shall continue to accrue for that period. The parties agree that District administrators will retain seniority equal to their teaching experience in the Napoleon Community Schools. The District shall prepare and present to the Association a current seniority list of employees prior to October 15th of each year. Accompanying the name of each employee on the list shall be the date of last hire and each employee's certification. b. Relative seniority rankings and initial seniority dates shall be determined according to the following four (4) criteria in the order stated: (1) The first day of work when all teachers were required to report; (2) Date of Board action to hire; (3) Date of employee's signature upon teaching contract;

REDUCTION IN PERSONNEL. A. The term "seniority" as hereinafter used shall be length of continuous service with the bargaining unit since the last date of hire. Leave of absence granted pursuant to the contract shall not constitute an interruption in continuous service. Credit given for outside teaching experience in school districts shall not be considered for the purpose of accumulating seniority. Administrative and supervisory service shall not be considered for the purpose of accumulating seniority. However, any administrator or supervisor who is returned to the classroom shall be credited with any prior accumulated seniority. B. Each year the Board shall prepare a seniority list by certification and classification, NCLB HQT status for assignment and transmit a copy of the same to the Association on or before the 1st day of November. The list shall be updated annually by May 1. In the event more than one individual has the same date of hire, all individuals so affected will participate in a drawing for each date of hire, to determine placement on the seniority list. Such drawing shall occur only once. The Association and bargaining unit members so affected will be notified in writing of the date, place, and time of the drawing, and given the opportunity to be present. The first name drawn shall be the first name on the seniority list (for that date), and proceed in that order. The Board shall draw the first name and the Association shall draw the second and proceed alternately until all names are drawn. If the Association is in disagreement on one or all parts of the seniority list and if mutual agreement between the parties cannot be reached on the disagreements, the Association may use the grievance procedure. C. Necessary reduction of personnel. The parties hereto, realizing that education, curriculum, and staff to a large degree depend upon the economic facilities available to the Board as provided by the public and the State of Michigan, and in accordance with that realization understand that in some instances it may be economically necessary to reduce the educational program, curriculum, and staff when funds are not available, hereby agree as follows: 1. It is hereby specifically recognized that it is within the sole discretion of the Board to reduce its the educational program, program and curriculum and staff and that the procedures set forth (including any programs which may be guaranteed in this article shall be used in laying off personnel. When possible, teachers subject to layoff shall be notified of such layoff in writing at least 45 calendar days in advance, but not less than 14 days. The Board or its designee will meet and confer with the Association to discuss the proposed layoff prior to implementation. In addition, from year to year, and when possible, teachers subject to layoff shall be notified of such layoff by the last teacher work day of the year, but not later than June 30thArticle III). B. 2. In order to promote an orderly reduction in personnel when the educational program, program and curriculum or staff is curtailed, the following procedure will be used: 1. Probationary teachers shall a. Layoff will be laid off first. A probationary teacher shall not be laid off unless there is a tenure teacher who is certified, qualified, and available to perform the duties of the position the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogether. 2. If the reduction of personnel is still necessary then tenured teachers in the specific positions being reduced or eliminated shall be laid off on the basis of seniority except as hereinafter providedseniority, provided that the more senior teacher is certified and qualified for the available position. Layoffs made pursuant to this section In the event the position held by a teacher is eliminated, the teacher shall be made entitled to bump a less senior teacher if he/she is certified and qualified (including the ability to meet all NCLB HQT requirements starting in 2006-2007) for the inverse order position or a position which can be created by changing the assignments of seniority, i.e., those with the least seniority are to be less senior teachers. More senior teachers not being laid off firstshall upon request be voluntarily transferred in order to enable the Board to retain more senior teachers. This procedure is subject to the Michigan Teachers' Tenure Act. a. Seniorityb. It is expressly understood that the Association shall have the right to review the reduction list prior to notification of the individuals involved. After the reduction list has been prepared by the Board, for the purposes of this articleAssociation and Board shall review said list and attempt to resolve any and all conflicts. In the event there is a dispute concerning the reduction list, the Association shall be defined have the right to mean length of continuous service as file a bargaining unit member. Time spent on layoff up to written grievance thereon within seventy-two (272) years shall not be construed as a break in continuous service and seniority shall continue to accrue for that period. hours after the termination of the meeting during which such review took place. c. The parties agree that District administrators will retain seniority equal to their teaching experience in Board may lay off staff at the Napoleon Community Schools. The District shall prepare and present commencement of the school year provided written notice of layoff is sent to the Association a current seniority list of employees prior to October 15th of each year. Accompanying the name of each employee on the list shall be the date of last hire and each employee's certification. b. Relative seniority rankings and initial seniority dates shall be determined according to the following four teacher at least twenty-five (425) criteria days in advance of the order stated: first scheduled work day for teachers, and at the commencement of the second semester provided written notice is sent sixty (160) The first day of work when all teachers were required to report; (2) Date of Board action to hire; (3) Date of employee's signature upon teaching contract;days in advance.

REDUCTION IN PERSONNEL. A. It is hereby specifically recognized that it is within the sole discretion of the Board to reduce its educational program, curriculum and staff and that the procedures set forth All language in this article shall be used which is shown in laying off personnel. When possibleitalics is meant to apply to non-certified professionals, teachers subject to layoff shall be notified (see Article I Section A. for definition of such layoff in writing at least 45 calendar days in advance, but not less than 14 days. The Board or its designee will meet and confer with the Association to discuss the proposed layoff prior to implementation. In addition, from year to year, and when possible, teachers subject to layoff shall be notified of such layoff by the last teacher work day of the year, but not later than June 30ththis term). B. A. In order to promote an orderly the event of a general cutback or reduction in personnel when the educational program, curriculum or of teaching staff is curtailedthrough layoff from employment, the following procedure procedures will be used:utilized. 1. Probationary teachers shall Teachers not holding a valid Michigan teaching certificate will be laid off first. A probationary teacher shall not be laid off unless , provided there is a tenure teacher who is certified, qualified, are certified and available qualified teachers to replace and perform all of the needed duties of the position the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogetherlaid-off teacher. 2. If the reduction of personnel is still necessary necessary, then tenured probationary teachers in the specific positions being reduced or eliminated shall be laid off on the basis of seniority except as hereinafter provided. Layoffs made pursuant to this section shall be made in the inverse order of seniority, i.e., those with the least seniority are to number of continuous years of teaching in the Dexter School System will be laid off first, provided there are remaining certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. a. Seniority3. If further reduction is still necessary, for then tenured teachers with the purposes least number of this articleyears of continuous teaching experience in the Dexter School System will be laid off first, provided there are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. B. Certified teachers shall be defined as teachers who hold a valid Michigan teaching certificate. C. Qualified teachers shall be defined as teachers who possess a major or minor or have previous teaching experience in the District in the subject matter area to mean length be taught. D. Length of continuous service or seniority is defined as service in the Dexter School System as a member of the bargaining unit memberunit. Time spent on Leaves of absence, with or without pay and absence due to layoff up are not to two (2) years shall not be construed as considered a break in continuous service, but service and seniority time shall continue to accrue for that periodduring periods of paid leave, or periods of layoff only. The parties agree that District administrators will retain seniority equal to their teaching experience in the Napoleon Community Schools. The District first day worked shall prepare and present to the Association a current commence accrual of service time. E. A seniority list shall be maintained by the District. Teachers shall be ranked in order of employees prior to October 15th of each yearseniority. Accompanying the name of each employee on teacher shall be a listing of the teacher's certification endorsement. Said seniority list shall be presented to the date Association annually during the month of last hire and each employee's certification. b. Relative seniority rankings and initial seniority dates October for review. Corrections shall be brought to the attention of the administration within three (3) weeks after its presentation to the Association. Ranking of teachers with the same length of service shall be determined according to by a drawing each year. The Association and teachers so affected shall be notified in writing of the following four (4) criteria in date, place and time of the order stated: (1) The first day of work when all teachers were required to report; (2) Date of Board action to hire; (3) Date of employee's signature upon teaching contract;drawing.

REDUCTION IN PERSONNEL. A. It In the event of unforeseen change of student population or other conditions necessitating a reduction of the number of teachers employed by the Board of Education, the following procedure shall be followed. 1. The Superintendent shall notify the Association at least thirty (30) days before the end of the school year if a lay-off of teaching personnel is hereby specifically recognized that it is within contemplated. Reasons for layoff shall be part of such notice. 2. The Board and the Association agree to maintain and review annually one district-wide seniority list of teacher bargaining unit members based on length of service in this district. 3. If a reduction of staff becomes necessary, the board will act to determine what courses are to be maintained in the curriculum and how many sections of each course or grade. Staff will be retained who are most senior and who are certified and qualified to fill the positions as determined by the Board. 4. Involuntary transfers may, whenever possible, (in the sole discretion of the Board Board) be made in order to reduce its educational program, curriculum and staff and that the procedures set forth complete any reduction in this article staff. Length of service shall be used in laying off personnelfrom the date the contract was signed by the teacher. When possible, teachers subject to layoff The contract date which controls length of service shall be notified the earliest contract commencing a period of such layoff in writing at least 45 calendar days in advancecontinuous employment, but not less than 14 daysincluding those leaves which allow teachers to accumulate seniority. The Board or its designee will meet and confer with the Association to discuss the proposed layoff prior to implementation. In addition, from year to year, and when possible, teachers subject to layoff Seniority shall be notified of such layoff by the last teacher work day of the year, but not later than June 30th. B. In order to promote an orderly reduction in personnel when the educational program, curriculum or staff is curtailed, the following procedure will be used: 1. Probationary teachers shall be laid off first. A probationary teacher shall not be laid off unless there is a tenure teacher who is certified, qualified, and available to perform the duties of the position the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogether. 2. If the reduction of personnel is still necessary then tenured teachers in the specific positions being reduced or eliminated shall be laid off accumulate on the basis of 365 days per year. If a teacher takes a leave of absence of one calendar year or less, which does not allow the accumulation of seniority, the teacher shall lose seniority except as hereinafter providedonly for working (duty) days missed. Layoffs made pursuant If a teacher takes a leave of more than one year, the teacher shall lose seniority for the total calendar days missed. (365 days per year.) 5. When there is an increase in teaching positions following such a layoff, or positions become available through natural attrition, the teacher with the most seniority in the district shall be the first to this section be recalled. Such recalled employee must have the necessary certification and qualifications for the position at the time of the recall. Failing the certification requirement, a less senior teacher will be recalled and/or employed to fill the position. If the more senior teacher is subsequently certified, they shall not have the right to displace anyone who is currently under (active) contract. They shall be recalled to the next available position for which they are certified to teach. 6. Involuntary transfers may, whenever possible (in the sole discretion of the Board) be made in order to accommodate a recall by seniority. 7. When two or more teachers have the inverse order same length of service, the teacher with the earliest birth date (day and month) shall be considered senior. 8. A teacher laid off shall have all benefits, including seniority, i.e.frozen for his use upon return. Should a teacher fail to respond in writing to the Superintendent within ten (10) days after the receipt of a certified, those restricted delivery letter of recall, his seniority and all other benefits with the least seniority are district shall terminate and there shall be no further obligation or right to recall. Laid off teachers shall have an obligation to maintain a current mailing address with the Board and shall be obligated to notify the Board in writing of any changes in address while on layoff. 9. A laid off firstteacher who is employed in education outside this master agreement may give reason(s) for refusing recall which will be considered by the Board. If deemed appropriate, the Board will grant an extension of (no more than two) recall rights and the individual will be retained on the seniority list and will be recalled as future positions become available. a. Seniority, for the purposes of this article, shall be defined to mean length of continuous service as a bargaining unit member. Time spent on layoff up to two (2) years shall not be construed as a break in continuous service and seniority shall continue to accrue for that period10. The parties agree that District administrators Board will retain seniority equal to their teaching experience in the Napoleon Community Schools. The District shall prepare and present to the Association issue a current seniority list of employees prior to October 15th each teacher at the beginning of each school year. 11. Accompanying the name of each employee All laid off teachers shall, at their option, be placed on the appropriate district substitute teacher list. This list shall will be updated annually, and it is the date of last hire and each employeeindividual teacher's certificationresponsibility to submit in writing their continued interest in being on such list. b. Relative seniority rankings and initial seniority dates shall be determined according to the following four (4) criteria in the order stated: (1) The first day of work when all teachers were required to report; (2) Date of Board action to hire; (3) Date of employee's signature upon teaching contract;

REDUCTION IN PERSONNEL. A. It is hereby specifically recognized that If it is within becomes necessary to decrease the sole discretion number of members of the bargaining unit, the School Board to reduce its educational programmay lay off the necessary number of members of the bargaining unit in the program area being reduced including, curriculum but not limited to, classroom teachers, music, physical education, and staff and that the procedures set forth in this article shall be used in laying off personnelspecial education. When possible, teachers subject to layoff Members shall be notified of such layoff in writing at least 45 calendar days in advance, but not less than 14 dayson or before March 31st if they are to be laid off. The Board or its designee will meet and confer with the Association to discuss the proposed layoff prior to implementation. In addition, from year to year, and when possible, teachers subject to layoff Any layoffs shall be notified of such layoff governed by the last teacher work day following provisions. A. Members of the year, but bargaining unit who are not later than June 30thon continuing contract may be laid off in any order as determined by the Superintendent and the School Board. B. In order to promote an orderly reduction in personnel when Members of the educational program, curriculum or staff is curtailed, the following procedure will be used: 1. Probationary teachers bargaining unit who are on continuing contract shall be laid off first. A probationary teacher shall not be laid off unless there is a tenure teacher who is certified, qualified, and available to perform the duties of the position the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogether. 2. If the reduction of personnel is still necessary then tenured teachers only in the specific positions being reduced or eliminated shall be laid off on the basis of seniority except as hereinafter provided. Layoffs made pursuant to this section shall be made in the their inverse order of seniority. However, i.e., those members in this category with the least equal seniority are to may be laid off firstin any order as determined by the Superintendent and School Board. Seniority will be determined by the member’s most recent date of continuous employment at the Plainfield School. Leaves of absence for approved study or other approved academic purposes shall count toward the computation of seniority. Leaves of absence for personal reasons shall not terminate the period of continuous service. a. Seniority, for C. No member of the purposes of this article, shall be defined to mean length of continuous service as a bargaining unit member. Time spent on layoff up to may be prevented from securing other employment during the period s/he is laid off under this subsection. D. Members who are laid off shall retain job recall rights for a period of two (2) school years for any position within the bargaining unit for which they are qualified and certified. Recall shall be in inverse order of layoff. ▇. A member notified of recall shall have fifteen (15) calendar days in which to accept the position. Failure to respond to the offer within fifteen (15) calendar days shall be deemed to be a refusal of the offer and a waiver of future recall rights and the member with the next right of recall shall be offered the position. Notification shall be by certified mail to the last known address of the member and this shall be deemed to be full and sufficient notification. It will be the responsibility of the member to provide the Superintendent with his/her current mailing address. F. Reinstatement hereunder shall not result in a loss of credit for previous years of service. No new or substitute appointments may be construed as a break in continuous service and seniority shall continue made while there are laid off members of the bargaining unit who are qualified to accrue for that period. The parties agree that District administrators will retain seniority equal to their teaching experience in fill the Napoleon Community Schools. The District shall prepare and present to the Association a current seniority list of employees prior to October 15th of each year. Accompanying the name of each employee on the list shall be the date of last hire and each employee's certificationvacancies. b. Relative seniority rankings and initial seniority dates G. The provisions of the Article shall be determined according not apply to the following four (4) criteria in the order stated: (1) The first day of work when all teachers were required to report; (2) Date of Board action to hire; (3) Date of employee's signature upon teaching contract;members employed on limited duration or non- renewable contracts.

REDUCTION IN PERSONNEL. A. It is hereby specifically recognized that it is within In the sole discretion event of the Board to reduce its educational program, curriculum and a general cutback or reduction of teaching staff and that the procedures set forth in this article shall be used in laying off personnel. When possible, teachers subject to through layoff shall be notified of such layoff in writing at least 45 calendar days in advance, but not less than 14 days. The Board or its designee will meet and confer with the Association to discuss the proposed layoff prior to implementation. In addition, from year to year, and when possible, teachers subject to layoff shall be notified of such layoff by the last teacher work day of the year, but not later than June 30th. B. In order to promote an orderly reduction in personnel when the educational program, curriculum or staff is curtailedemployment, the following procedure procedures will be used:utilized. 1. Probationary teachers shall Teachers not holding a valid Michigan teaching certificate will be laid off first. A probationary teacher shall not be laid off unless , provided there is a tenure teacher who is certified, qualified, are certified and available qualified teachers to replace and perform all of the needed duties of the position the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogetherlaid-off teacher. 2. If the reduction of personnel is still necessary necessary, then tenured probationary teachers with least number of continuous years of teaching in the specific positions being reduced or eliminated shall be laid off on the basis of seniority except as hereinafter provided. Layoffs made pursuant to this section shall be made in the inverse order of seniority, i.e., those with the least seniority are to Dexter School System will be laid off first, provided there are remaining certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. a. Seniority3. If further reduction is still necessary, for then tenured teachers with the purposes least number of this articleyears of continuous teaching experience in the Dexter School System will be laid off first, provided there are certified and qualified teachers to replace and perform all of the needed duties of the laid-off teachers. B. Certified teachers shall be defined as teachers who hold a valid Michigan teaching certificate. C. Qualified teachers shall be defined as teachers who possess a major or minor or have previous teaching experience in the district in the subject matter area to mean length be taught. D. Length of continuous service or seniority is defined as service in the Dexter School System as a member of the bargaining unit memberunit. Time spent on Leaves of absence, with or without pay and absence due to layoff up are not to two (2) years shall not be construed as considered a break in continuous service, but service and seniority time shall continue to accrue for that periodduring periods of paid leave, or periods of layoff only. The parties agree that District administrators will retain seniority equal to their teaching experience in the Napoleon Community Schools. The District first day worked shall prepare and present to the Association a current commence accrual of service time. E. A seniority list shall be maintained by the district. Teachers shall be ranked in order of employees prior to October 15th of each yearseniority. Accompanying the name of each employee on teacher shall be a listing of the teacher's certification endorsement. Said seniority list shall be presented to the date Association annually during the month of last hire and each employee's certification. b. Relative seniority rankings and initial seniority dates October for review. Corrections shall be brought to the attention of the administration. Ranking of teachers with the same length of service shall be determined according by a drawing each year. The Association and teachers so affected shall be notified in writing of the date, place and time of the drawing. F. Before official action on a reduction of teachers is taken by the Board of Education, it will give notice to the following four Association of the contemplated reduction and afford the Association opportunity to discuss it with the employer. As soon as the names of the teachers to be laid off are known, a list of such names shall be given to the Association. G. All probationary teachers to be laid off shall be given at least forty-five (445) criteria in the order stated: (1) The first day of work when all calendar days written notice, and tenured teachers were required to report; (2) Date of Board action to hire; (3) Date of employee's signature upon teaching contract;shall be given at least sixty

REDUCTION IN PERSONNEL. A. It is hereby specifically recognized that If it is within becomes necessary to decrease the sole discretion number of members of the bargaining unit, the School Board to reduce its educational programmay lay off the necessary number of members of the bargaining unit in the program area being reduced including, curriculum but not limited to, classroom teachers, unified arts, and staff and that the procedures set forth in this article shall be used in laying off personnelspecial education. When possible, teachers subject to layoff The union president shall be notified of such layoff in writing at least 45 calendar days in advance, but not less than 14 daysonce the decision to reduce employees has been made. The Board or its designee will meet and confer with the Association to discuss the proposed layoff prior to implementation. In addition, from year to year, and when possible, teachers subject to layoff Members shall be notified of such layoff in writing on or before March 31st if they are to be laid off. Any layoffs shall be governed by the last teacher work day following provisions. On or before September 30 of each year, the District shall provide the union with a seniority list. A. Members of the year, but bargaining unit who are not later than June 30thon continuing contract may be laid off in any order as determined by the Superintendent and the School Board. B. In order to promote an orderly reduction in personnel when determining which members of the educational program, curriculum or staff is curtailed, the following procedure will be used: 1. Probationary teachers bargaining unit on continuing contract shall be laid off first. A probationary teacher shall not be laid off unless there is a tenure teacher who is certifiedoff, qualified, and available to perform the duties of School Board will retain teachers whose certification provides the position the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogether. 2. If the reduction of personnel is still necessary then tenured teachers greatest instructional flexibility in the specific positions District. These factors being reduced or eliminated equal, layoffs shall be laid off on the basis of seniority except as hereinafter provided. Layoffs made pursuant to this section shall be made in the inverse order of seniority. However, i.e., those with teachers on Level 3 of the least seniority are to PPDMP may be laid off firstwithout regard to seniority or certification status. Seniority will be determined by the member’s most recent date of continuous employment at the Plainfield School. Leaves of absence for approved study or other approved academic purposes shall count toward the computation of seniority. Leaves of absence for personal reasons shall not terminate the period of continuous service. a. Seniority, for C. No member of the purposes of this article, shall be defined to mean length of continuous service as a bargaining unit member. Time spent may be prevented from securing other employment during the period they are laid off under this subsection. D. Members on layoff up to continuing contract shall retain job recall rights for a period of two (2) school years for any position within the bargaining unit for which they are qualified and certified. Recall shall be in inverse order of layoff. Members who were on Level 3 of the PPDMP shall not be construed as a break have recall rights. E. A member notified of recall shall have fifteen (15) calendar days in continuous service and seniority shall continue which to accrue for that periodaccept the position. The parties agree that District administrators will retain seniority equal Failure to their teaching experience in the Napoleon Community Schools. The District shall prepare and present respond to the Association a current seniority list of employees prior to October 15th of each year. Accompanying the name of each employee on the list offer within fifteen (15) calendar days shall be deemed to be a refusal of the date offer and a waiver of future recall rights and the member with the next right of recall shall be offered the position. Notification shall be by certified mail to the last hire known address of the member and each employee's certificationthis shall be deemed to be full and sufficient notification. It will be the responsibility of the member to provide the Superintendent with their current mailing address. b. Relative seniority rankings and initial seniority dates F. Reinstatement hereunder shall not result in a loss of credit for previous years of service. No new or substitute appointments may be determined according made while there are laid off members of the bargaining unit who are qualified to fill the following four (4) criteria in vacancies. G. The provisions of the order stated: (1) The first day of work when all teachers were required Article shall not apply to report; (2) Date of Board action to hire; (3) Date of employee's signature upon teaching contract;members employed on limited duration or non-renewable contracts.

REDUCTION IN PERSONNEL. ‌ A. It is hereby specifically recognized that it is within In the sole discretion event of the Board to reduce its educational program, curriculum and staff and that the procedures set forth in this article shall be used in laying off personnel. When possible, teachers subject to a layoff shall be notified of such layoff in writing at least 45 calendar days in advance, but not less than 14 days. The Board or its designee will meet and confer with the Association to discuss the proposed layoff prior to implementation. In addition, from year to year, and when possible, teachers subject to layoff shall be notified of such layoff by the last teacher work day of the year, but not later than June 30th. B. In order to promote an orderly reduction in personnel when the educational program, curriculum or staff is curtailedTeachers, the following procedure will be used: 1. Probationary teachers shall be laid off first. A probationary teacher shall not be laid off unless there is a tenure teacher who is certified, qualified, and available to perform the duties of the position the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogether. 2. If the reduction of personnel is still necessary then tenured teachers Teachers in the specific positions being reduced or eliminated shall will be laid off on first, provided there are fully qualified and fully-certificated Teachers to replace and perform all of the basis duties of seniority except the probationary Teachers to be laid-off. 2. If further layoff of Teachers is necessary, then Teachers in the specific positions being reduced or eliminated will be laid off in order of least seniority, provided there are fully qualified and fully certificated Teachers to replace and perform all of the duties of the Teachers to be laid off. B. After reduction of Teachers, as hereinafter provided. Layoffs made pursuant to this section outlined above, laid off Teachers shall be made recalled to the next available vacancies for which the laid off Teachers are certified and qualified, in the inverse order of seniority. The Board shall give written notice to recall from the layoff by sending a certified restricted delivery letter to said Teacher at his/her last known address with a copy to the Association President. It shall be the responsibility of the Teacher to notify the Board of any changes of address. The Teacher’s address as it appears in the Board’s records shall be conclusive when used in connection with layoffs, i.e.recalls, those or any other notice to the Teacher. If the Teacher fails to acknowledge his/her availability for reemployment within five (5) calendar days after date of receipt of the letter of recall or fifteen (15) days after mailing of recall notice, unless an extension is granted in writing by the Board, or refuses such offer of reemployment, said Teacher shall be considered a voluntary quit, shall lose all seniority, and shall completely terminate his/her individual employment contract and any other relationship with the least seniority are Board. Provided, however, that a Teacher under contract with another School District may refuse a recall during the school year. C. Before official action on a reduction of Teachers is taken by the Board of Education, it will give notice to the Association of the contemplated reduction and afford the Association an opportunity to discuss it with the Employer. As soon as the names of the Teachers to be laid off firstare known, a list of such names shall be given to the Association. a. SeniorityD. In the event the Association questions the decision of the Employer as to specific Teachers (1) being laid-off or not being laid-off, or (2) filling vacant Teachers positions (as set forth above) or not filling such position, the Employer will set forth in writing to the Teacher and the Association its reasons for its action. It is understood, however, that the Association's request for this information is reasonable, timely, and intended in good faith. E. If the Employer fails or refuses to comply with Section B or C, above, or if the reasons assigned clearly demonstrate that the Employer acted arbitrarily or capriciously, the Association has the right to utilize the grievance and arbitration procedure to seek relief. F. In conjunction with Article XXV, Section B, which provides that the individual contract executed between each Teacher and the Employer is subject to the terms and conditions of this Agreement, it is intended that this Article takes precedence over and governs the individual contract and the individual contract is expressly conditioned upon this Article. G. Except in the event of an emergency, all Teachers to be laid-off shall be given at least 30 days written notice. H. By March 1st of each contractual year the District shall put on the Teachers’ bulletin board, and in the administration office, a seniority list. If a Teacher does not object to his/her listed seniority date within 30 days following the posting, then said seniority list shall be conclusive for purposes of lay-off and recall. If two Teachers are equally qualified and have the same number of years in the system, the Board and the Association will conduct a drawing to determine position on the seniority list. The Teachers so affected will be notified in writing of the date, place, and time of the drawing. For purposes of this article, shall be section seniority is defined to mean length of continuous service as a bargaining unit member. Time spent on layoff up to two (2) years shall not be construed as a break in continuous service and seniority shall continue to accrue for that period. The parties agree that District administrators will retain seniority equal to their teaching experience in the Napoleon Community Schools. The District shall prepare and present to the Association a current seniority list of employees prior to October 15th of each year. Accompanying the name of each employee on the list shall be the date of last hire and each employee's certification. b. Relative seniority rankings and initial seniority dates shall be determined according to the following four (4) criteria in the order stated: (1) The first day of work when all teachers were required to report; (2) Date of Board action to hire; (3) Date of employee's signature upon teaching contract;in the District.

REDUCTION IN PERSONNEL. A. It is hereby specifically recognized that it is within In the sole discretion event of the Board to reduce its educational program, curriculum and staff and that the procedures set forth in this article shall be used in laying off personnel. When possible, teachers subject to a layoff shall be notified of such layoff in writing at least 45 calendar days in advance, but not less than 14 days. The Board or its designee will meet and confer with the Association to discuss the proposed layoff prior to implementation. In addition, from year to year, and when possible, teachers subject to layoff shall be notified of such layoff by the last teacher work day of the year, but not later than June 30th. B. In order to promote an orderly reduction in personnel when the educational program, curriculum or staff is curtailedTeachers, the following procedure will be used: 1. Probationary teachers shall be laid off first. A probationary teacher shall not be laid off unless there is a tenure teacher who is certified, qualified, and available to perform the duties of the position the probationary teacher is vacating, or unless the position that the probationary teacher is vacating is being eliminated altogether. 2. If the reduction of personnel is still necessary then tenured teachers Teachers in the specific positions being reduced or eliminated shall will be laid off on first, provided there are fully qualified and fully-certificated Teachers to replace and perform all of the basis duties of seniority except the probationary Teachers to be laid-off. 2. If further layoff of Teachers is necessary, then Teachers in the specific positions being reduced or eliminated will be laid off in order of least seniority, provided there are fully qualified and fully certificated Teachers to replace and perform all of the duties of the Teachers to be laid off. B. After reduction of Teachers, as hereinafter provided. Layoffs made pursuant to this section outlined above, laid off Teachers shall be made recalled to the next available vacancies for which the laid off Teachers are certified and qualified, in the inverse order of seniority, i.e., those . Probationary Teachers being laid off shall retain recall rights for no more than the number of full school years of employment with the least seniority are District as of the time of notice of lay off, up to four (4) years. The Board shall give written notice to recall from the layoff by sending a certified restricted delivery letter to said Teacher at his/her last known address with a copy to the Association President. It shall be the responsibility of the Teacher to notify the Board of any changes of address. The Teacher’s address as it appears in the Board’s records shall be conclusive when used in connection with layoffs, recalls, or any other notice to the Teacher. If the Teacher fails to acknowledge his/her availability for reemployment within five (5) calendar days after date of receipt of the letter of recall or fifteen (15) days after mailing of recall notice, unless an extension is granted in writing by the Board, or refuses such offer of reemployment, said Teacher shall be considered a voluntary quit, shall lose all seniority, and shall completely terminate his/her individual employment contract and any other relationship with the Board. Provided, however, that a Teacher under contract with another School District may refuse a recall during the school year. C. Before official action on a reduction of Teachers is taken by the Board of Education, it will give notice to the Association of the contemplated reduction and afford the Association an opportunity to discuss it with the Employer. As soon as the names of the Teachers to be laid off firstare known, a list of such names shall be given to the Association. a. SeniorityD. In the event the Association questions the decision of the Employer as to specific Teachers (1) being laid-off or not being laid-off, or (2) filling vacant Teachers positions (as set forth above) or not filling such position, the Employer will set forth in writing to the Teacher and the Association its reasons for its action. It is understood, however, that the Association's request for this information is reasonable, timely, and intended in good faith. E. If the Employer fails or refuses to comply with Section B or C, above, or if the reasons assigned clearly demonstrate that the Employer acted arbitrarily or capriciously, the Association has the right to utilize the grievance and arbitration procedure to seek relief. F. In conjunction with Article XXV, Section B, which provides that the individual contract executed between each Teacher and the Employer is subject to the terms and conditions of this Agreement, it is intended that this Article takes precedence over and governs the individual contract and the individual contract is expressly conditioned upon this Article. G. Except in the event of an emergency, all Teachers to be laid-off shall be given at least 30 days written notice. H. By March 1st of each contractual year the District shall put on the Teachers’ bulletin board, and in the administration office, a seniority list. If a Teacher does not object to his/her listed seniority date within 30 days following the posting, then said seniority list shall be conclusive for purposes of lay-off and recall. If two Teachers are equally qualified and have the same number of years in the system, the Board and the Association will conduct a drawing to determine position on the seniority list. The Teachers so affected will be notified in writing of the date, place, and time of the drawing. For purposes of this article, shall be section seniority is defined to mean length of continuous service as a bargaining unit member. Time spent on layoff up to two (2) years shall not be construed as a break in continuous service and seniority shall continue to accrue for that period. The parties agree that District administrators will retain seniority equal to their teaching experience in the Napoleon Community Schools. The District shall prepare and present to the Association a current seniority list of employees prior to October 15th of each year. Accompanying the name of each employee on the list shall be the date of last hire and each employee's certification. b. Relative seniority rankings and initial seniority dates shall be determined according to the following four (4) criteria in the order stated: (1) The first day of work when all teachers were required to report; (2) Date of Board action to hire; (3) Date of employee's signature upon teaching contract;in the District.