Common use of Reduction of Personnel Clause in Contracts

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. F. The Board shall notify surrounding Local One districts of the lay off and that affected teachers are available for employment. G. 1. Laid off teachers shall be recalled to the first vacancy for which they are certified and qualified according to their seniority ranking. The Superintendent will advise the Association of all plans to reinstate positions and of the time teachers will be recalled.

Reduction of Personnel. A. In cases requiring During the term of this contract, reduction in personnel shall be in conformity with this Agreement and with the Statutes of the State. B. If a reduction of in personnel is being considered, the teacher work force due Board shall notify the Association as soon as possible. C. During said layoffs, such teacher's seniority shall remain unbroken despite such layoff and his accumulated sick leave shall not be canceled but shall remain credited to declining student enrollment within the district (secondary or elementary level), or budgetary necessity, or when him pending his return to a professional assignment in this district. D. The fact that a teacher returns from an involuntary leaveis laid off for the purpose of staff reduction, this shall not result in 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 contractloss of status or credit for previous years of service. 2. Whenever necessary in order to protect E. Reduction of certified personnel who are represented by the most senior employee who has not been placed on layoff status, involuntary transfers and assignments Bargaining Unit will be made based on certification and qualifications.according to the following: 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) Seniority for the purpose of this Article shall be defined as non- terminated years of employment in the Collective Bargaining Agreementdistrict. 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. (2) A seniority list (shall be prepared by rank order) 2. A list of all teaching personnel, including date of hire, certification, endorsements, highly qualified content area(s), the Board 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 presented to the AssociationAssociation which includes all present Bargaining Unit personnel. D. Teachers identified for layoff for the following school year shall be given at least sixty (603) 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, Probationary teachers to will be laid off shall be given at least sixty (60) days written notice prior first where any teacher who has acquired tenure and whose position has been curtailed is certified to perform the services of the probationary teacher to the effective date of layoff. At extent it is permissible by law. (4) In the time a teacher is notified that s/he is to event teachers must be laid off, layoff will be on the Board shall advise him/her basis of seniority and certification except as provided for in (3.) above. (5) In the event of a layoff with all of the recall proceduresabove factors being equal, teachers will be considered on the basis of a rating determined by the Superintendent with the least satisfactory to be released from service first. 1. Notification (6) Transfers made necessary under this procedure and requests for re-transfer 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 handled within the intent of teachers laid off shall approximate the projected number Article XIV of positions to be eliminatedthis Agreement. F. The Board shall notify surrounding Local One districts of the lay off and that affected teachers are available for employment. G. 1. Laid off teachers Recall -- Teachers shall be recalled to in the first vacancy inverse order of layoff for position openings for which they are certified and qualified according in accordance with the following: (1) If a position exists within the district for which the teacher is certified pursuant to this Agreement, the teacher shall be notified by certified mail. Within ten (10) days of the receipt of a written offer to return to employment, the teacher shall accept the position via a response by certified mail or it shall be determined that he has declined the position he was offered. If a teacher is under contract to another school district, he shall have sixty (60) days from being notified of a position in which to return to the district. (2) All teachers on layoff and the Association shall be notified by certified mail on or before April 1 of their seniority rankingposition on the recall list and be given the opportunity to remain on recall for the following school year. The teacher shall notify the Superintendent will advise via certified mail by April 15 of his intent to return to the Association school district or his layoff position shall be terminated. (3) No new teachers shall be hired until all properly certified tenured teachers on layoff, in accordance with this Article, have been offered an opportunity in writing to return to active employment to the extent it is permissible by law. G. The recall list shall be maintained by the Personnel Office. It shall be the teacher's responsibility to maintain a current address with the Personnel Office. Said teacher waives his layoff position with the Board if he cannot be contacted by the district upon the opening of all plans a position for which he is qualified. H. The above provisions shall apply to reinstate positions and of the time teachers will be recalledtenured personnel only.