Reduction of Personnel Clause Samples
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Reduction of Personnel. A. The District and the Association recognize the possibility that the financial condition of the schools at a given time could necessitate a curtailment of programs on the part of the District, including a reduction of personnel. The parties also recognize that such determinations are within the exclusive discretion of the District. In the event of a general cutback or reduction of personnel through layoff from employment, the following procedure, based upon program needs, will be utilized by the District or its designated representatives:
1. NCP shall be laid off in inverse order of seniority provided that the staff remaining, due to any such layoff, shall be qualified (which could include non-teaching certificate, see 5.b. below) to fill the remaining positions.
2. Seniority shall be defined as the length of continuous service in the bargaining unit. Periods of time spent on leaves of absence shall not constitute a break in continuous service, and seniority shall accrue during such periods. For purposes of this Article only, service at less than the full teaching load shall count as if the service was at the full teaching load.
a. In the event of ties in seniority, as defined above, position on the seniority list shall be determined by using the last four (4) digits of the respective social security numbers. The lower number shall receive the lower position on the seniority list.
b. Not later than November 1 each year, the Board shall prepare a seniority list and deliver the same to the HEA President. In the event that HEA disputes the accuracy of said list, it will notify the Board of any alleged errors, in writing, by December 1.
Reduction of Personnel. The Customer shall provide Securitas with a written notice of at least sixty (60) days in advance of any intended reduction in the number of personnel. The notice must include the specific reasons for the reduction, the number of personnel to be reduced, and the proposed effective date of the reduction. Upon receipt of the notice, Securitas shall evaluate the request and provide a written response within fifteen (15) Working Days from the date of receipt of notice. If Securitas agrees to the reduction, the parties shall mutually agree on the effective date and any necessary adjustments to the Service Fee. Any changes to the Service Fee shall be documented in a revised schedule provided by Securitas. Should the Customer wish to reinstate personnel following a reduction, the Customer must provide Securitas with at least sixty (60) days' written notice. Reinstatement of personnel shall be subject to availability and may require adjustments to the Service Fee.
Reduction of Personnel. 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.
A. Reduction in force shall be based upon: Certification Qualification Seniority A list will be provided the Association specifying the areas in which a teacher is certified and qualified. A reduction shall then be based on seniority within the certified and qualified areas.
B. Certified shall be defined as a State recognized valid teaching certificate held at the end of the school year.
C. Qualified shall be:
1. In grades K-6, a classroom teacher to be qualified must have elementary certification. Elementary specialists shall carry the proper endorsement.
2. In grades 7 and 8, a teacher to be qualified must meet one of the following:
a. Major or minor within the classification grouping.
b. Eighteen (18) semester hours within the classification grouping.
c. Fifteen (15) semester hours in the specific subject taught.
d. Teachers qualified for elementary grades are also qualified in social studies and language arts classification grouping.
3. In grades 9-12, a teacher to be qualified must meet one of the following:
a. Major or minor or hours equivalent to a major or minor in the specific subject taught.
b. Current North Central Standards
c. Experience in the Algonac Community Schools in the specific subject taught.
D. Seniority shall be defined as length of service within the bargaining unit and/or any consortium or cooperative program assigned to Algonac commencing with the teacher's first day of work. No one shall be placed on the seniority list unless they are a member of the bargaining unit as described in Article I, Section B.
E. Seniority shall only be granted for time in the bargaining unit, and not for non- bargaining unit time. Any teacher who shall be transferred to a non-bargaining unit position and shall later return to a bargaining unit position shall be entitled to retain such seniority as he may have had under this Agreement prior to such transfer.
F. If two or more teachers have equivalent seniority, the teacher with the greatest number of years of public school or U.S. military dependent school teaching experience outside the district shall be given priority. If two or more teachers have equivalent teaching experience outside the district, all individuals so affected will participate in a drawing to determine pla...
Reduction of Personnel. No teacher shall be laid off pursuant to a necessary reduction in personnel for any school year or portion thereof, unless said teacher shall have been notified of said layoff by April 30 of the previous school year. The official action of the Board of Education at a public meeting shall constitute such notice. Teachers hired after April 30, will not be covered under the provisions of the paragraph. Such teachers who have to be laid-off, shall receive notice of layoff prior to June 15, of the previous school year.
Reduction of Personnel. A. In cases requiring a reduction of the teacher work force due to declining student enrollment within the district (secondary or elementary level), or budgetary necessity, or when a teacher returns from an involuntary leave, the following factors will be used:
1. The teacher with the most district wide seniority shall be retained, provided that s/he is fully certified and qualified as defined in this contract.
2. Whenever necessary in order to protect the most senior employee who has not been placed on layoff status, involuntary transfers and assignments will be made based on certification and qualifications.
3. No person employed by the Mount ▇▇▇▇▇▇▇ School District, who has achieved tenure status outside of the bargaining unit, may displace a teacher within the bargaining unit.
B. When involuntary transfers are necessary to retain the most senior teacher(s) who have not been placed on layoff status, the administration shall transfer teacher(s). Such involuntary transfer shall not be grievable if implemented in accordance with Section VIII, C, 3, g, (1) of the Collective Bargaining Agreement.
C. The Superintendent will meet with the Association to explain and discuss the proposed reduction prior to its implementation. The following information will be provided by the Superintendent:
1. A seniority list (by rank order)
2. A list of all teaching personnel, including date of hire, certification, endorsements, highly qualified content area(s), and majors and minors, in that order, depending upon AS400 programming capabilities. This list will be provided no later than March 1. This list will be updated annually and sent to the Association.
D. Teachers identified for layoff for the following school year shall be given at least sixty (60) days written notice prior to the end of the current school year except in a financial emergency or when a teacher returns from an involuntary leave. When layoffs are made because of a financial emergency, or when a teacher returns from an involuntary leave, teachers to be laid off shall be given at least sixty (60) days written notice prior to the effective date of layoff. At the time a teacher is notified that s/he is to be laid off, the Board shall advise him/her of the recall procedures.
1. Notification will be via certified U.S. mail, or by an administrator in a private setting. There will be no "drop in" notification.
E. The number of teachers laid off shall approximate the projected number of positions to be eliminated.
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Reduction of Personnel. A. In the event it becomes necessary to reduce the number of teachers through layoff, the following procedure shall be applied using the criteria stated below:
1. The least senior probationary teachers shall be laid off, provided there remains teachers who are certified and qualified to teach in the remaining positions.
2. If further reductions are made, tenure teachers shall be laid off, least senior first, provided there remains teachers who are certified and qualified to teach in the open positions.
B. For the purpose of layoff and recall, the term "qualified" shall be defined as follows:
1. Elementary Classroom - Teachers assigned to elementary classroom positions shall be deemed qualified if they are certified as elementary classroom teachers and meet all state and federal teaching requirements.
2. Grades 6, 7 and 8 - Teachers assigned to the middle school shall be assigned within their major fields of study or assigned to the subject area(s) where they meet the state and federal teaching requirements.
3. Senior High - Teachers assigned to the senior high must have a major or minor and meet the requirements as set forth by North Central Association of Colleges and Universities and meet all state and federal teaching requirements.
4. Special Areas - Teachers assigned in the special areas of art, music, PE, counseling and library must have special endorsements and meet all state and federal teaching requirements.
C. Seniority shall be defined as length of continuous service with the district. Seniority shall not accrue during unpaid leaves of absence.
1. Administrators currently employed, as of August 15, 1990, will continue to accrue seniority as a teacher.
2. Administrators hired after August 15, 1990, will not accrue seniority while employed as an Administrator.
3. Teachers who transfer to Administrative positions will retain their accrued seniority but will not accrue seniority while employed as an Administrator.
D. In the circumstances of more than one (1) individual beginning employment on the same date, the seniority date shall be the day the teacher signed the contract. In the circumstances of more than one (1) teacher signing their contract on the same day, all individuals so affected will participate in a drawing to determine position on the seniority list. The Association and teacher(s) so affected will be notified in writing of the date, place and time of the drawing. The drawing shall be conducted openly and at a time and place which will r...
Reduction of Personnel. A. When the Board determines that a reduction in the number of regular drivers is necessary, the affected drivers shall be added to the top of the seniority list of relief drivers in order of seniority. A “reduction” within this meaning does not refer to any type of reduction of hours within or among runs and/or routes within or among the attendance areas. Increases and decreases of driving times may occur from time to time as enrollment demographics, attendance boundaries, etc., change. Such changes in hours shall not result in recall rights to a particular run, route, or attendance area.
B. Should a layoff occur, employees will be laid off in the following order:
1. Relief drivers
2. Probationary regular drivers
3. Regular drivers in reverse order of seniority The driver(s) to be laid off will be notified at least ten (10) calendar days prior to the effective date of the layoff.
C. If the district decides to eliminate a route, the affected driver may bump using his or her district seniority. The driver does not go to the bottom of the seniority list, but may use his/her district seniority to displace a less senior driver with equivalent or fewer hours.
D. If a shuttle or transfer is eliminated during the school year, the affected driver shall bump the least senior driver with a shuttle or transfer that fits into the reduced driver’s schedule.
E. When a recall of laid off or underemployed (more than one hour per day) driver(s) is required, preference will be given to the driver(s) by recalling in order of greatest District seniority, e.g., the highest District seniority to the lowest.
F. Notice of recall shall be sent by certified or registered mail to the last known address as shown on the Employer's records. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee's responsibility to keep the Employer notified as to his/her current mailing address. A recalled employee shall be given at least ten (10) calendar days from registered receipt of mailing, excluding Saturdays and Sundays, to report to work. The Employer may fill the position on a temporary basis until the recalled employee can report for work providing the employee reports within the ten (10) day period. Employees recalled to work for which they are qualified are obligated to take said work. An employee who declines recall to perform work for which he/she is qualified shall forfeit his/her seniority rights.
Reduction of Personnel. The board and TEA will produce a committee to create a rubric to accompany the RIF Policy during the 2019-2020 school year. In the event the Board, in its sole discretion, determines it is necessary to reduce the number of certified teachers for reasons including, but not limited to, lack of funds, uncertainty of funds, declining enrollment, or other similar reasons of necessity, whether District-wide, or in a given subject area, field or program, the Board shall consider the following in determining the selection of the position(s) to be non-renewed because of the reduction in force. • Teachers not holding a regular North Dakota Certificate will be non-renewed first, provided there are teachers who are fully qualified and fully certified to replace and perform all the assigned duties of the non-renewed teacher. • Academic and professional preparation, beyond minimum certification requirements in the teaching field, shall be considered. • The evidences compiled by the principals and/or superintendent as to the adaptability of individual teachers to meet the present or future staffing and educational needs within the District. These evidences shall include, teacher self and administrator evaluations, flexibility of assignments, and willingness to accept cocurricular tasks. • Teachers with the least number of years of continuous teaching experience in the District will be non-renewed first, provided there are fully qualified and fully certified teachers to replace and perform all the needed duties of the non-renewed teachers. The Board’s decision to non-renew a teacher in a Reduction of Force shall not be arbitrary or capricious. The Board shall follow all provision of North Dakota State law concerning the non- renewal or termination of teacher contracts and any teacher affected by a decision to reduce the teaching staff shall be given such notice as may be required by North Dakota State law. Separated personnel shall be placed on a recall list for eighteen (18) months following termination of their contract for the specific position previously employed.
Reduction of Personnel. A. Prior to the Board acting to reduce the teaching staff the Board shall notify the Association in writing of the necessity, the procedure for laying off positions needed based upon the proposed educational program for the forthcoming year.
B. Reduction of certified personnel who are members of the bargaining unit shall be made according to certification, qualification by state and federal guidelines and continuous service in the Monroe school district. The order of layoff will be as follows:
1. Probationary employees will be laid off first and shall not be retained over tenured teachers except where no tenure teacher is certified or qualified to fill the position.
2. Tenure teachers by seniority, certification, and qualifications as hereinafter defined.
C. Certified shall be defined as a state recognized valid teacher certificate. A teacher will be considered certified for only those areas listed and university verified as of February 1. In the case of special education placements, certification shall be dictated by the ability of the individual to qualify for a certificate endorsement and the ability to qualify for Department of Education approval.
D. [See Appendix E]
E. Teachers on leaves of absence will be given notice of layoff if they were scheduled to return to work but no position exists because of a layoff. Such teachers shall be placed on the recall list.
Reduction of Personnel. Notwithstanding any of the seniority rules contained herein, the Union President and the Chairperson of the Grievance Committee shall, during their terms of office, be placed at the head of the seniority list provided, however, that this preferential seniority shall be only for the purpose of determining layoff and recall.