Common use of Staff Reduction Clause in Contracts

Staff Reduction. This article VIII shall not apply to Title I tutors. However, the standards of this section will be applied to the tutors within the staff of tutors. Whenever, in the judgment of the Board, staff reduction should become necessary, the Board shall lay off or reassign teachers in order to achieve the necessary staff reduction, in accordance with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4. Any teacher laid off or reassigned pursuant to this Article shall have recall rights to any position for which he or she is certified at the time of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mail. In the selection of staff to be re-called, the Board shall use the criteria from Section 3-d, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated for the year of reentry.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Staff Reduction. This article VIII shall not apply Whenever the Employer decides it is necessary to Title I tutors. Howeverreduce staff at one (1) or more of its locations, the standards Employer will advise the Union in writing of this section the layoff and the number of positions/classifications to be reduced. Prior to issuing layoff notices, the company will post a notice at the location where the layoff is to take effect advising editorial employees of the need to reduce staff and the Employer’s intent to accept applications for voluntary resignations with severance pay as provided by the collective agreement for employees who have been laid off. Interested employees in the editorial department at the location will be applied required to apply within 14 calendar days. Acceptance of the voluntary resignation will be at management’s discretion. In the event the Employer does not receive the required number of voluntary resignations, employees will be laid off in reverse order of seniority by classification at each location affected, provided that those employees remaining are qualified to perform the work required. (A) Except in cases where more than three (3)weeks’ notice is required by the Employment Standards Act, there shall be three (3) weeks’ notice to the tutors within affected employees of any layoffs. The Employer will provide the staff Union with three (3) weeks’ notice of tutors. Wheneverthe layoffs and the names of the employees affected. (B) In the event of a layoff, temporary employees in the judgment classification affected will be laid off before part-time or full-time employees. Thereafter, layoffs will proceed in reverse order of seniority in the Board, staff reduction should become necessaryaffected classification. (C) If there is a layoff at a location in Simcoe County, the Board shall lay off or reassign teachers in order to achieve the necessary staff reductionemployee(s) affected may choose, in accordance with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority)seniority, all within two (2) weeks of such notice, to bump the least senior employee(s) in Simcoe County. Employees who choose to bump may bump either those with the least seniority in the same classification, or those with the least seniority in a classification in which they have had prior permanent work experience and are competent to perform the administration work. (D) The Employer shall consider in making recommendations any alternative to the Board and layoffs presented by the Board shall consider in determining which staff in union during the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirementsnotice period. 4. Any teacher laid off or reassigned pursuant to this Article shall have recall rights to any position for which he or she is certified at the time of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mail. In the selection of staff to be re-called, the Board shall use the criteria from Section 3-d, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated for the year of reentry.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Staff Reduction. This article VIII “Staff Reduction Guidelines for Certificated Personnel (Teacher Types)” dated December 2005 contained herein shall be amended by adding the additional paragraphs to read: For the purposes of a staff reduction caused by drop in enrollment, returning leave teachers and/or other administrative actions requiring teachers to be moved from their schools in the current or subsequent school years, teachers shall be ranked in their school, district office or other administrative unit by service time in the DOE in positions presently reflected by the definition of Bargaining Unit 5. Time as an educational officer shall not apply to Title I tutorsbe counted toward service time. HoweverEach administrator, at the beginning of the school year, shall generate a seniority listing reflecting service time in the DOE and, upon request, shall show any member of the bargaining unit where they on the list. In secondary schools, the standards of this section will department to which a teacher is assigned shall be applied to designated on the tutors within the staff of tutorsschool’s seniority list. Whenever, Teachers shall be ranked in the judgment departments by length of service in the Board, State of Hawaiʻi. Should a staff reduction should become be necessary, the Board shall lay off or reassign teachers teacher in order to achieve the necessary staff reduction, in accordance department with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date least number of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers years of service in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4reduced. Any teacher laid off so reduced, if certified in another area, shall have priority of placement over the least senior teacher in that department; however, a member of the bargaining unit shall not displace another member of the bargaining unit who has more service time in the DOE. Should there be a tie in the application of the above procedure, the tied teachers will be ranked by the service time in the school or reassigned administrative unit. Should there be a further tie, the teachers shall be ranked by service time within the district. Should a tie further continue, the principal shall use a neutral method to break the tie, such as a flip of a coin. Whenever there are staff reduced or district unassigned teachers, the District shall confer with them to explain the method of assigning such teachers. A teacher who is staff reduced or affected by other administrative action may submit, if they so desire, a preferred list of not more than three (3) schools, three (3) geographic areas within their district, or other districts, to their District Personnel Regional Officer within seven (7) calendar days. Every reasonable attempt shall be made by the Employer to place the teacher in one of their preferred areas. This teacher shall have priority for a vacant position in their area of certification over less senior tenured teachers in similar situations. The Employer shall develop the procedures to implement the aforementioned provisions. The Employer shall also provide to the Association the computer list reflecting service time in the DOE for members of the bargaining unit in each school or administrative unit and will provide updated lists as they are available. District unassigned teachers shall not have priority for reassignment for Middle School vacancies. Vacancies occurring in the sixth (6th) grade in middle schools shall be subject to the normal Assignment and Transfer process. Staff reduced elementary teachers will maintain their option to seek a 6th grade vacancy. Tenured teachers employed at a DOE school moving to conversion as a public charter school shall be afforded the option to be placed in another DOE school as an unassigned staff reduced teacher, pursuant to this Article the current staff reduction guidelines. Priority placement for these teachers shall have recall rights to any position for which he or she is certified at only be available during the time of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified Assignment and has experience within the past five years. Furthermore, it is the responsibility Transfer Period of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mail. In the selection of staff to be re-called, the Board shall use the criteria from Section 3-d, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated for the year of reentrycharter school conversion transition year.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Staff Reduction. This article VIII shall not apply When, by reason of decreased enrollment of pupils, finances, return to Title I tutors. Howeverduty of regular employees after leaves of absence, or by reason of suspension of schools or territorial changes affecting the standards of this section will be applied to the tutors within the staff of tutors. Whenever, in the judgment of the Board, staff reduction should become necessarydistrict, the Board shall lay off or reassign teachers in order determines that it is necessary to achieve reduce the necessary staff number of employees, it may, pursuant to Section 3319.17, Revised Code, make a reasonable reduction. In making such reduction, the Board will suspend teachers' contracts in accordance with the following. 1recommendations of the Superintendent, who shall within each teaching field affected, give preference to teachers on continuing contract and then to teachers who have higher evaluation ratings and then greater seniority (if the ratings are comparable). For the purpose of this section, a teacher's seniority is computed to the total number of years served in the district. For the purpose of this section, comparable evaluations shall be defined as “like” ratings (accomplished with accomplished, skilled with skilled, developing with developing and ineffective with ineffective). For the duration of this agreement, the district shall use only the teacher performance rating portion of the teacher evaluation when making employment decisions such as reduction in force. Employees whose continuing contracts are suspended will have the right of restoration to continuing service status in order of higher evaluation ratings and then greater seniority of service in the district (if the ratings are comparable) if and when teaching positions become vacant or are created to which any of such employees are or become certified or licensed. Employees whose limited contracts are suspended will have the right of restoration to limited service status in the order of higher evaluation ratings and then greater seniority of service in the district (if the ratings are comparable) if and when teaching positions become vacant or are created to which any of such employees are or become certified or licensed. The Board names of teachers whose contracts are suspended or non-renewed in a reduction of force will use reasonable efforts be placed on a recall list for up to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days twenty-four (24) months from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goalsreduction. Teachers in their early retirement window that are subject to RIF after February 1 on the recall list will have the following rights: A. No new teacher will be allowed to exercise their early retirement option within employed by the 10 days from Board while there are teachers on the date of recall list who are certified/licensed for the communicationvacancy. 2. While reviewing B. Teachers on the staff reduction at recall list will be recalled for vacancies in areas for which they are certified/licensed, with teachers on a continuing contract being recalled first, then based on higher summative evaluation ratings and then seniority of service in the secondary leveldistrict if the ratings are comparable. C. If a vacancy occurs, the Board shall give consideration will send an announcement by certified U.S. mail to do so by the first known address of all teachers on the recall list who are properly certified or licensed according to these provisions. It is the teacher's responsibility to keep the Board informed of his current address and certification/license status. All teachers are required to respond in writing to the district office within departmentsten (10) calendar days. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions The most senior of those responding will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by given the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4vacant position. Any teacher laid off who fails to respond within ten (10) calendar days, or reassigned pursuant who declines to this Article shall have accept the position, will forfeit all recall rights rights. D. A teacher on the recall list will, upon acceptance of the notification to any position for which resume active employment status, return to active employment status with the same seniority, accumulation of sick leave, and salary schedule placement as s/he or she is certified enjoyed at the time of lay off layoff. E. A staff reduction policy agreed to herein does not supersede the Board’s right and responsibility to non-renew or reassignment for terminate an employee in accordance to Section 3319.11 and 3319.16 of the Ohio Revised Code. Furthermore, when the Board has decided that a period staff reduction is necessary but a specific teacher has demonstrated teaching deficiencies which warrant a non-renewal or termination, the staff reduction procedure of sixteen months following the teacher’s last working dayAgreement shall not apply. F. If a full-time teaching position is reduced to part-time, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire it will be reinstated to become refull-employed for a position for time if additional classes are added to which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility of the Board certified/licensed to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mail. In the selection of staff to be re-called, the Board shall use the criteria from Section 3-d, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated for the year of reentryteach.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Staff Reduction. This article VIII A. When there is a reduction in a specific classification, as defined in sub-paragraph B, employees currently serving in that classification shall not apply to Title I tutors. However, the standards of this section will be applied to the tutors within the staff of tutors. Whenever, in the judgment of the Board, staff reduction should become necessary, the Board shall lay laid off or reassign teachers in order to achieve the necessary staff reduction, in accordance commencing with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4. Any teacher laid off or reassigned pursuant to this Article shall have recall rights to any position for which he or she is certified at the time of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mailleast senior employee. In the selection of staff employees for layoff, the school district shall retain those bargaining unit members with the greatest seniority provided they are properly qualified and able to perform all the needed duties for the position. B. Classifications are defined as: custodial, cafeteria, secretary, paraprofessional, computer/library instructional support technician and bus driver. C. Whenever a bargaining unit member is to be relaid off, the school district shall notify the bargaining unit member and the Association president by mailing notice within ten (10) working days of the Board meeting in which the Board took layoff action, except in case of emergency. ▇. ▇▇▇▇ off bargaining unit members shall be rehired in accordance with classification seniority; that is, the bargaining unit member with the greatest seniority in a classification shall be rehired first, provided they have the ability and skills necessary to perform the duties of the job that is open. Necessary skills will be determined by written job descriptions agreed upon by both parties. E. When rehiring laid off bargaining unit members, the school district will notify them by certified mail at their last known address. It shall be the duty of the member on layoff to provide their current mailing address to the administration. If such bargaining unit member does not notify the school district within seven (7) working days from the mailing date of such notice that he/she will report for work on the date specified, or give a legitimate reason, as determined by the superintendent, for delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated. Seniority bargaining unit members shall have recall rights up to twenty-calledfour (24) months from the date of layoff. A. Bargaining unit members absent from duty on account of illness or disability as defined in this section shall accumulate paid sick leave days as follows: 1. School year bargaining unit members shall receive ten (10) sick days per calendar year. 2. Twelve month bargaining unit members shall receive twelve (12) sick days per calendar year. B. Bargaining unit members shall be credited with sick days at the beginning of each contract year (prorated if hired during the contract year). A sick day is equal to the normal workday hours of the bargaining unit member’s regular schedule. C. Each bargaining unit member shall be entitled to an unlimited accumulation of unused sick leave. D. The Board of Education may request a statement to verify the ability/inability to return to work after five (5) consecutive work days of illness or disability leave from a licensed and practicing physician in the State of Michigan. If, however, the bargaining unit member is disabled or becomes ill while out of the state, he/she will be required to contact the school system by the most expedient means and may subsequently be required to furnish a physician's statement. E. If a bargaining unit member uses twelve (12) or more sick days in a given school year, the Board may request a physician's statement for each day thereafter. F. The Board reserves the right at its expense to verify the findings or certification of the bargaining unit member's physician (licensed and practicing in Michigan). Bargaining unit members shall use present themselves at reasonable times and places when requested by the criteria Superintendent for purposes of such evaluation by the Board's physician. Should the finding of the Board's designated physician disagree with the member's physician, the member may elect to have a third opinion rendered by a physician chosen mutually by the Board and the Association. Such third opinion shall not be considered as binding on the parties. This sub-paragraph shall not be considered applicable to Workers’ Compensation issues. G. To qualify for sick leave allowance, bargaining unit members must notify the immediate supervisor as early as possible, but no later than one (1) hour before the scheduled work day begins - except in cases of emergency. H. A bargaining unit member who suffers injury or disease which is compensable under Michigan Workers’ Compensation shall continue to receive the amount of regular pay by having their sick leave reduced by the difference between his/her net pay for regular work hours and his/her Workers’ Compensation pay for the duration of his/her accumulated sick leave. I. Leaves of absence with pay chargeable against the bargaining unit member's allowance in addition to illness shall be granted for the following: 1. For illness in the immediate family (the immediate family is considered to be the spouse, child, stepchild, parent, grandparent, grandchild, mother-in-law, father-in-law, brother or sister). A special allowance for a person of personal significance to the member as well as additional days may be used in unusual circumstances if granted by the superintendent. 2. Time necessary for attendance at the funeral service of a person whose relationship to the bargaining unit member warrants such attendance but not to exceed one (1) day may be granted by the Superintendent. ▇. Leaves of absence with pay not chargeable against the bargaining unit member's sick allowance shall be granted for the following reasons: 1. A maximum of five (5) days per death in the immediate family of the bargaining unit member or the member's spouse as defined in Section I, 1 above. 2. Absence when a bargaining unit member is called for jury service. The bargaining unit member shall receive the difference between his/her regular pay and jury pay. The bargaining unit member is expected to return to work when dismissed from Section jury duty to complete his/her shift. 3-d. Court appearance as a witness in any criminal case or in any case connected with the bargaining unit member's employment or the school, less any witness fee received by the bargaining unit member. The bargaining unit member is expected to return to work to complete his/her shift when dismissed from duty. 4. Two (2) days will be granted to take a military physical examination. 5. After the completion of this Articlenine (9) months in the system, a maximum of two (2) days personal leave shall be allowed per school year for performance of personal or business obligations. Such days may accumulate if unused from year to year to a maximum of five (5) such days. A maximum of three (3) personal leave days may be taken on consecutive school days. Except during the last ten (10) days of a semester and days immediately preceding or following scheduled school calendar holidays and vacations, personal leave days shall be freely granted upon written request to the immediate supervisor and the bargaining unit member's reason for such absence need not be stated. If taken during the last ten (10) days of a laid off teacher is rehired pursuant to this Articlesemester, their salary before or after a holiday or vacation, the reason shall be stated. a. A written request must be made at least forty-eight (48) hours in advance, except in the case of emergencies. b. Days may not be used for working another job. c. Normally, no more than two (2) employees from each job classification (culinary, bus drivers, secretaries, custodians, computer/library instructional support technician and paraprofessionals) will be based upon their ending salary plus granted personal business days on any raise negotiated for the given day. K. Any bargaining unit member may voluntarily donate up to five (5) days per year of reentryhis/her accumulated sick days to another bargaining unit member facing personal long term illness or the long term illness or death of an immediate family member provided that the bargaining until member has exhausted his/her own sick/personal day allowance. It shall be the responsibility of the recipient member or his/her designee to notify the Business Office and Association President of his/her desire to seek sick day donations. In turn, the Association President shall notify members of such request and subsequently, notify the Business Office of the names of bargaining unit members who may be interested in contributing from their own personal sick day allowance to requesting recipient bargaining until member. No donation of sick days may be given to another bargaining unit member after the donating member has announced that he/she is planning on resigning or retiring.

Appears in 1 contract

Sources: Master Contract

Staff Reduction. This article VIII “Staff Reduction Guidelines for Certificated Personnel (Teacher Types)” dated December 2005 contained herein shall be amended by adding the additional paragraphs to read: For the purposes of a staff reduction caused by drop in enrollment, returning leave teachers and/or other administrative actions requiring teachers to be moved from their schools in the current or subsequent school years, teachers shall be ranked in their school, district office or other administrative unit by service time in the DOE in positions presently reflected by the definition of Bargaining Unit 5. Time as an educational officer shall not apply to Title I tutorsbe counted toward service time. HoweverEach administrator, at the beginning of the school year, shall generate a seniority listing reflecting service time in the DOE and, upon request, shall show any member of the bargaining unit where he falls on the list. In secondary schools, the standards of this section will department to which a teacher is assigned shall be applied to designated on the tutors within the staff of tutorsschool’s seniority list. Whenever, Teachers shall be ranked in the judgment departments by length of service in the Board, State of Hawaii. Should a staff reduction should become be necessary, the Board shall lay off or reassign teachers teacher in order to achieve the necessary staff reduction, in accordance department with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date least number of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers years of service in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4reduced. Any teacher laid off so reduced, if certified in another area, shall have priority of placement over the least senior teacher in that department; however, a member of the bargaining unit shall not displace another member of the bargaining unit who has more service time in the DOE. Should there be a tie in the application of the above procedure, the tied teachers will be ranked by the service time in the school or reassigned administrative unit. Should there be a further tie, the teachers shall be ranked by service time within the district. Should a tie further continue, the principal shall use a neutral method to break the tie, such as a flip of a coin. Whenever there are staff reduced or district unassigned teachers, the District shall confer with them to explain the method of assigning such teachers. A teacher who is staff reduced or affected by other administrative action may submit, if he so desires, a preferred list of not more than three (3) schools, three (3) geographic areas within his district, or other districts, to his District Personnel Regional Officer within seven (7) calendar days. Every reasonable attempt shall be made by the Employer to place the teacher in one of his preferred areas. This teacher shall have priority for a vacant position in his area of certification over less senior tenured teachers in similar situations. The Employer shall develop the procedures to implement the aforementioned provisions. The Employer shall also provide to the Association the computer list reflecting service time in the DOE for members of the bargaining unit in each school or administrative unit and will provide updated lists as they are available. District unassigned teachers shall not have priority for reassignment for Middle School vacancies. Vacancies occurring in the sixth (6th) grade in middle schools shall be subject to the normal Assignment and Transfer process. Staff reduced elementary teachers will maintain their option to seek a 6th grade vacancy. Tenured teachers employed at a DOE school moving to conversion as a public charter school shall be afforded the option to be placed in another DOE school as an unassigned staff reduced teacher, pursuant to this Article the current staff reduction guidelines. Priority placement for these teachers shall have recall rights to any position for which he or she is certified at only be available during the time of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified Assignment and has experience within the past five years. Furthermore, it is the responsibility Transfer Period of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mail. In the selection of staff to be re-called, the Board shall use the criteria from Section 3-d, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated for the year of reentrycharter school conversion transition year.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Staff Reduction. This article VIII “Staff Reduction Guidelines for Certificated Personnel (Teacher Types)” dated December 2006 contained herein shall be amended by adding the additional paragraphs to read: For the purposes of a staff reduction caused by drop in enrollment, returning leave teachers and/or other administrative actions requiring teachers to be moved from their schools in the current or subsequent school years, teachers shall be ranked in their school, district office or other administrative unit by service time in the DOE in positions presently reflected by the definition of Bargaining Unit 5. Time as an educational officer shall not apply to Title I tutorsbe counted toward service time. HoweverEach administrator, at the beginning of the school year, shall generate a seniority listing reflecting service time in the DOE and, upon request, shall show any member of the bargaining unit where he falls on the list. In secondary schools, the standards of this section will department to which a teacher is assigned shall be applied to designated on the tutors within the staff of tutorsschool’s seniority list. Whenever, Teachers shall be ranked in the judgment departments by length of service in the Board, State of Hawaii. Should a staff reduction should become be necessary, the Board shall lay off or reassign teachers teacher in order to achieve the necessary staff reduction, in accordance department with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date least number of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers years of service in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4reduced. Any teacher laid off so reduced, if certified in another area, shall have priority of placement over the least senior teacher in that department; however, a member of the bargaining unit shall not displace another member of the bargaining unit who has more service time in the DOE. Should there be a tie in the application of the above procedure, the tied teachers will be ranked by the service time in the school or reassigned administrative unit. Should there be a further tie, the teachers shall be ranked by service time within the district. Should a tie further continue, the principal shall use a neutral method to break the tie, such as a flip of a coin. Whenever there are staff reduced or district unassigned teachers, the District shall confer with them to explain the method of assigning such teachers. A teacher who is staff reduced or affected by other administrative action may submit, if he so desires, a preferred list of not more than three (3) schools, three (3) geographic areas within his district, or other districts, to his District Personnel Regional Officer within seven (7) calendar days. Every reasonable attempt shall be made by the Employer to place the teacher in one of his preferred areas. This teacher shall have priority for a vacant position in his area of certification over less senior tenured teachers in similar situations. The Employer shall develop the procedures to implement the aforementioned provisions. The Employer shall also provide to the Association the computer list reflecting service time in the DOE for members of the bargaining unit in each school or administrative unit and will provide updated lists as they are available. District unassigned teachers shall not have priority for reassignment for Middle School vacancies. Vacancies occurring in the sixth (6th) grade in middle schools shall be subject to the normal Assignment and Transfer process. Staff reduced elementary teachers will maintain their option to seek a 6th grade vacancy. Tenured teachers employed at a DOE school moving to conversion as a public charter school shall be afforded the option to be placed in another DOE school as an unassigned staff reduced teacher, pursuant to this Article the current staff reduction guidelines. Priority placement for these teachers shall have recall rights to any position for which he or she is certified at only be available during the time of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified Assignment and has experience within the past five years. Furthermore, it is the responsibility Transfer Period of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mail. In the selection of staff to be re-called, the Board shall use the criteria from Section 3-d, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated for the year of reentrycharter school conversion transition year.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Staff Reduction. This article VIII shall not apply In the event of a reduction in staff, employees to Title I tutorsbe laid off will be notified at least sixty (60) days in advance of implementation. HoweverIn the event the Board decides to reduce the number of teachers through layoff, or reduce the number of teachers in a given subject area, field, or program, or eliminate or consolidate positions, the standards following procedure shall be followed: A. Probationary teachers shall be laid off first provided there are tenured teachers qualified and certified to replace them. The order of this section will reduction among probationary teachers shall be applied according to the tutors within the staff of tutors. Whenever, in the judgment academic needs of the Boarddistrict, staff reduction should become necessarycompetency, the Board shall lay off or reassign teachers in order to achieve the necessary staff reduction, in accordance with the followingcertification and seniority. 1. B. The Board will use reasonable efforts to communicate the situation confronting the district to the order of reduction among tenure teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations according to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation recordscertification, qualifications as established and required by the Board for the positions remaining, certification, educational background (i.e., training position and experience), federal and state affirmative action requirementsseniority. 4C. Seniority shall be defined as the length of service in the Chassell Township School District measured by service in the Chassell Township School District as a member of the bargaining unit when under regular contract and does not include any leaves of absence. Any teacher laid off or reassigned pursuant to this Article A teacher's length of service shall have recall rights to any position for which he or she is certified at the time of lay off or reassignment for a period of sixteen months following be determined based on the teacher’s last working day, provided that 's first day on the teacher submit in writing, within 30 days upon receiving noticejob. Where the employment of teachers begins on the same date, a letter teacher who has been employed on a full- time basis shall be considered to have greater seniority than one who has been employed on a part-time basis. D. Tenured teachers shall be recalled in order of intent stating seniority to the desire to become re-employed for a position next available vacancy for which the teacher is certified and has experience qualified according to the qualifications established and required for the position by the Board, which arises within five (5) years from the past five yearseffective date of the tenured teacher's layoff. E. The provisions of this layoff procedure will conform with the regulations of the State Tenure Commission. F. The Board shall give written notice of recall from layoff by sending a registered letter to said teacher at the teacher's last known address. Furthermore, it is It shall be the responsibility of each teacher to notify the Board of any change in address. The teacher's address as it appears in the Board's records shall be conclusive when used in connection with layoff, recall or other notice to reemploy a the teacher. If the teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing respond within 20 fifteen (15) days of notification. Notification is defined receipt of the recall as to intent to report for work immediately or at the date at start of the next school year, such time said notification is sent from the district central office by certified mail. In the selection of staff teacher shall be considered to be re-called, a voluntary quit and shall thereby terminate his individual employment contract and any other employment relationship he may have had with the Board shall use the criteria from Section 3-d, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated for the year of reentryBoard.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Staff Reduction. This article VIII shall A. Whenever it is necessary to decrease the size of the faculty due to but not apply limited to Title I tutors. Howeverinsufficient funds or substantial decrease of student population, the standards of this section will be applied to the tutors within the staff of tutors. WheneverCollege, in the judgment upon recommendation of the BoardPresident, staff reduction should become necessary, the Board shall lay off or reassign teachers in order to achieve may cause the necessary staff reductionnumber of faculty members to be placed on involuntary leave of absence, in accordance with the followingwithout pay. 1. The Board will use reasonable efforts to communicate criteria for retention shall be College seniority in accordance with the situation confronting the district to the teachers subject-matter qualifications as described in Article VI and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication.Appendix E. 2. While reviewing If a faculty member who is to be placed on an involuntary leave of absence without pay is qualified to perform scheduled duties in another instructional area or the staff reduction at Enrollment Management and Student Success area that faculty member shall be reassigned to the secondary level, following duties in the Board shall give consideration to do so following order: a. duties performed by and within departmentspart-time faculty; b. extra-contractual duties; c. teaching duties performed by professional administrative staff; ▇. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff dateteaching duties performed by administrators; e. duties performed by temporary full-time faculty; f. duties performed by probationary faculty members; g. duties performed by continuing contract faculty members with less seniority. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for If a position held by a person temporarily question arises regarding whether or not fully certificated by a faculty member is qualified to perform scheduled duties in another instructional area or Enrollment Management and Student Success area, then the State Board Vice President into whose area the faculty member desires to be transferred will issue a determination based on the provisions of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order Article VI and Appendix E of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirementsthis Agreement. 4. Any teacher laid off When circumstances shall be appropriate, each faculty member placed on involuntary leave of absence as aforementioned shall be offered re-employment. The criteria for re- employment shall be the same as in Article VIII, A. l. and A. 2. above, except that qualifications acquired after being placed on involuntary leave of absence may not be used to bump a continuing contract faculty member not previously placed on involuntary leave. 5. Such re-employment shall not result in loss of status or reassigned pursuant credit for previous years of service at Monroe County Community College. B. No new appointments shall be made while there are available faculty members on involuntary leave of absence and who are qualified to this fill the vacancies as described in Article VI unless such faculty members shall have recall rights fail to any position for which he or she is certified at the time of lay off or reassignment for a period of sixteen months following the teacher’s last working dayadvise, provided that the teacher submit in writing, the President or his/her/their designee of their acceptance of employment within 30 twenty-one (21) calendar days upon receiving noticefrom date of notification by the President, a letter or his/her/their designee, of intent stating the desire to become re-employed for a position for which the teacher is certified positions available. C. Faculty members, and has experience administrators on continuing contract status, shall be credited with all service within the past five years. Furthermore, it is College as administrators as well as with any teaching performed within the responsibility College for determining the order of their seniority within the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report College. D. Faculty members on involuntary leaves of absence in writing within 20 days excess of notification. Notification is defined as the date at such time said notification is sent three (3) years shall be excluded from the district central office by certified mail. In the selection of staff to be re-calledprovision outlined in Section B, the Board shall use the criteria from Section 3-dArticle VIII, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated for the year of reentryStaff Reduction.

Appears in 1 contract

Sources: Master Agreement

Staff Reduction. This article VIII A. When there is a reduction in a specific classification, as defined in sub-paragraph B, employees currently serving in that classification shall not apply to Title I tutors. However, the standards of this section will be applied to the tutors within the staff of tutors. Whenever, in the judgment of the Board, staff reduction should become necessary, the Board shall lay laid off or reassign teachers in order to achieve the necessary staff reduction, in accordance commencing with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4. Any teacher laid off or reassigned pursuant to this Article shall have recall rights to any position for which he or she is certified at the time of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mailleast senior employee. In the selection of staff employees for layoff, the school district shall retain those bargaining unit members with the greatest seniority provided they are properly qualified and able to perform all the needed duties for the position. B. Classifications are defined as: custodial, cafeteria, secretary, paraprofessional, computer/library instructional support technician and bus driver. C. Whenever a bargaining unit member is to be relaid off, the school district shall notify the bargaining unit member and the Association president by mailing notice within ten (10) working days of the Board meeting in which the Board took layoff action, except in case of emergency. D. Laid off bargaining unit members shall be rehired in accordance with classification seniority; that is, the bargaining unit member with the greatest seniority in a classification shall be rehired first, provided they have the ability and skills necessary to perform the duties of the job that is open. Necessary skills will be determined by written job descriptions agreed upon by both parties. E. When rehiring laid off bargaining unit members, the school district will notify them by certified mail at their last known address. It shall be the duty of the member on layoff to provide their current mailing address to the administration. If such bargaining unit member does not notify the school district within seven (7) working days from the mailing date of such notice that he/she will report for work on the date specified, or give a legitimate reason, as determined by the superintendent, for delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated. Seniority bargaining unit members shall have recall rights up to twenty-calledfour (24) months from the date of layoff. PAID LEAVES‌ A. Bargaining unit members absent from duty on account of illness or disability as defined in this section shall accumulate paid sick leave days as follows: 1. School year bargaining unit members shall receive ten (10) sick days per calendar year. 2. Twelve month bargaining unit members shall receive twelve (12) sick days per calendar year. B. Bargaining unit members shall be credited with sick days at the beginning of each contract year (prorated if hired during the contract year). A sick day is equal to the normal workday hours of the bargaining unit member’s regular schedule. C. Each bargaining unit member shall be entitled to an unlimited accumulation of unused sick leave. D. The Board of Education may request a statement to verify the ability/inability to return to work after five (5) consecutive work days of illness or disability leave from a licensed and practicing physician in the State of Michigan. If, however, the bargaining unit member is disabled or becomes ill while out of the state, he/she will be required to contact the school system by the most expedient means and may subsequently be required to furnish a physician's statement. E. If a bargaining unit member uses twelve (12) or more sick days in a given school year, the Board may request a physician's statement for each day thereafter. F. The Board reserves the right at its expense to verify the findings or certification of the bargaining unit member's physician (licensed and practicing in Michigan). Bargaining unit members shall use present themselves at reasonable times and places when requested by the criteria Superintendent for purposes of such evaluation by the Board's physician. Should the finding of the Board's designated physician disagree with the member's physician, the member may elect to have a third opinion rendered by a physician chosen mutually by the Board and the Association. Such third opinion shall not be considered as binding on the parties. This sub-paragraph shall not be considered applicable to Workers’ Compensation issues. G. To qualify for sick leave allowance, bargaining unit members must notify the immediate supervisor as early as possible, but no later than one (1) hour before the scheduled work day begins - except in cases of emergency. H. A bargaining unit member who suffers injury or disease which is compensable under Michigan Workers’ Compensation shall continue to receive the amount of regular pay by having their sick leave reduced by the difference between his/her net pay for regular work hours and his/her Workers’ Compensation pay for the duration of his/her accumulated sick leave. I. Leaves of absence with pay chargeable against the bargaining unit member's allowance in addition to illness shall be granted for the following: 1. For illness in the immediate family (the immediate family is considered to be the spouse, child, stepchild, parent, grandparent, grandchild, mother-in-law, father-in-law, brother or sister). A special allowance for a person of personal significance to the member as well as additional days may be used in unusual circumstances if granted by the superintendent. 2. Time necessary for attendance at the funeral service of a person whose relationship to the bargaining unit member warrants such attendance but not to exceed one (1) day may be granted by the Superintendent. J. Leaves of absence with pay not chargeable against the bargaining unit member's sick allowance shall be granted for the following reasons: 1. A maximum of five (5) days per death in the immediate family of the bargaining unit member or the member's spouse as defined in Section I, 1 above. 2. Absence when a bargaining unit member is called for jury service. The bargaining unit member shall receive the difference between his/her regular pay and jury pay. The bargaining unit member is expected to return to work when dismissed from Section jury duty to complete his/her shift. 3-d. Court appearance as a witness in any criminal case or in any case connected with the bargaining unit member's employment or the school, less any witness fee received by the bargaining unit member. The bargaining unit member is expected to return to work to complete his/her shift when dismissed from duty. 4. Two (2) days will be granted to take a military physical examination. 5. After the completion of this Articlenine (9) months in the system, a maximum of two (2) days personal leave shall be allowed per school year for performance of personal or business obligations. Such days may accumulate if unused from year to year to a maximum of five (5) such days. A maximum of three (3) personal leave days may be taken on consecutive school days. Except during the last ten (10) days of a semester and days immediately preceding or following scheduled school calendar holidays and vacations, personal leave days shall be freely granted upon written request to the immediate supervisor and the bargaining unit member's reason for such absence need not be stated. If taken during the last ten (10) days of a laid off teacher is rehired pursuant to this Articlesemester, their salary before or after a holiday or vacation, the reason shall be stated. a. A written request must be made at least forty-eight (48) hours in advance, except in the case of emergencies. b. Days may not be used for working another job. c. Normally, no more than two (2) employees from each job classification (culinary, bus drivers, secretaries, custodians, computer/library instructional support technician and paraprofessionals) will be based upon their ending salary plus granted personal business days on any raise negotiated for the given day. K. Any bargaining unit member may voluntarily donate up to five (5) days per year of reentryhis/her accumulated sick days to another bargaining unit member facing personal long term illness or the long term illness or death of an immediate family member provided that the bargaining until member has exhausted his/her own sick/personal day allowance. It shall be the responsibility of the recipient member or his/her designee to notify the Business Office and Association President of his/her desire to seek sick day donations. In turn, the Association President shall notify members of such request and subsequently, notify the Business Office of the names of bargaining unit members who may be interested in contributing from their own personal sick day allowance to requesting recipient bargaining until member. No donation of sick days may be given to another bargaining unit member after the donating member has announced that he/she is planning on resigning or retiring.

Appears in 1 contract

Sources: Master Contract

Staff Reduction. This article VIII In the event it becomes necessary to reduce the teaching staff, the following procedures will be utilized: A. Persons in specific positions as of the start of the 1982-83 school year for which they do not meet the standards described herein, shall, nevertheless, be considered qualified for as long as they occupy said specific positions. B. SENIORITY Seniority for all purposes under this Agreement shall be defined as the length of unbroken service within the bargaining unit since the last date of hire or transfer into the bargaining unit. Accumulation of seniority shall begin with the employee’s first working day in the bargaining unit (since last date of hire / transfer into the bargaining unit). All bargaining unit seniority shall be lost by an employee upon resignation, retirement, transfer to a non-bargaining unit position, and/or discharge for cause. Neither layoff nor the taking of a leave as provided under this Agreement shall constitute a break in service. Seniority shall continue to accumulate during a leave as provided under this Agreement. During a period of layoff, seniority shall continue to accumulate up to the total amount of time that the teacher was employed by the district at the time of the layoff, and then shall be frozen. [Example: A teacher who is laid off at the end of the third year of employment shall continue to accumulate seniority while on layoff for up to three years, and will then be frozen at six years.] An employee who terminates employment in the bargaining unit and is later rehired or transfers back into the bargaining unit shall begin as a new hire from the most recent date of hire and shall not apply retain any seniority from previous bargaining unit employment. If two or more persons have equal seniority and both are eligible for a given position, their seniority shall be determined by the highest last four digits of their social security numbers. C. Non-Certificated teachers with permits or approvals in the specific positions being reduced or eliminated will be laid off first, provided there are certified and qualified teachers remaining to Title I tutorsreplace and perform all of the teaching duties of the laid off teachers. D. Probationary teachers in the specific positions being reduced or eliminated will be laid off in inverse order of seniority, so long as there are more senior teachers who are certificated and qualified to replace and perform all of the teaching duties of the laid off teachers. E. If further reduction is required after using the steps outlined in paragraphs 9.10 C and 9.10 D, tenure teachers in the specific positions being reduced or eliminated will be laid off in inverse order of seniority provided there are certificated and qualified teachers remaining to replace and perform all of the teaching duties of the laid-off teachers. HoweverTeachers laid off under this procedure may displace the most junior teacher in the system in positions for which the laid-off teacher is certificated and qualified. F. The Board shall maintain a current list of seniority. Not later than November 1 of each year, the standards District shall provide the Association president with a current seniority list. G. Written notice of this section will layoff shall be applied given to affected teachers no later than July 1, prior to the tutors within school year in which the staff of tutors. Wheneverlayoff is scheduled to take effect. H. All laid-off teachers shall be recalled, when conditions so allow, in the judgment order of their seniority provided they are certificated and qualified to teach the Board, staff reduction should become necessary, the Board shall lay off or reassign teachers in order to achieve the necessary staff reduction, in accordance with the followingavailable positions. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers A person being recalled shall be notified by registered mail and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 shall have ten (10) days from the date of communicationtime the notice is received to reply and/or report to work, to present possible alternatives such as early retirement, normal attrition, part- but may state his/her position in writing any time contract, contract for substitute teaching, and/or other alternatives which could accomplish before the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date end of the communicationten day period. It shall be the responsibility of the teacher to keep the District informed of his/her current address. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration A person being recalled to do so by and within departments. If positions are available, teachers less than a full-time position may transfer reject such a position without losing his/her right to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff daterecall. 3. No teacher protected by statutory continuing contract provisions will be nonA person being recalled to less than a full-reemployed while qualified and certificated for time position may accept such a position held by a person temporarily or not fully certificated by and still retain the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will right to accept the first full-time position that he/she would otherwise be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirementsentitled to. 4. Any A person being recalled who is under a teaching contract of one year or less with another employer, which is a recognized educational institution (excluding home schooling), may reject a recall which would be effective during the term of the contract with the other employer without losing his/her future right to recall. At the conclusion of the current contract with the other employer, said teacher laid off or reassigned pursuant to this Article shall have recall rights to any position for which he or may displace a less senior teacher in the district provided he/she is certified certificated and qualified for such a position. a. When a teacher receives a recall notice at least sixty days before the time beginning of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position semester for which the teacher is certified and has experience within being recalled, the past five years. Furthermore, it is the responsibility teacher shall make a written request directed to his/her present employer to be released from that contract with a copy of the Board written request and reply sent to reemploy the West Ottawa Superintendent. b. If the current employer timely agrees to release the teacher without penalty, the teacher shall return according to the terms of the recall notice at the beginning of the next semester. c. In the event the teacher fails to request the release as set forth in paragraph 4-a above, or if the teacher is released and fails to return to employment in West Ottawa in accordance with paragraph 4-b above, the teacher thereby waives all contractual rights to recall under the terms and conditions of the Master Agreement. 5. The District shall not be permitted to implement the provisions of Section 9.10 H 1-4 above unless all of the following have been done: a. The recall notice shall include a statement – in clear, unambiguous language – explaining: 1) that the teacher is required to make a written request to be released from his/her contract with the teacher’s present employer, and 2) that the teacher is required to send a copy of this written request to the WOPS Superintendent, and 3) that the teacher is required to send a copy of the reply to the WOPS Superintendent. b. The recall notice shall also include a statement – in clear, unambiguous language – explaining that if the teacher fails to request the release as set forth in paragraph 4a above, the teacher waives all contractual rights to recall. c. The recall notice shall also include a statement – in clear, unambiguous language – explaining that if the teacher fails to return to employment in West Ottawa in accordance with paragraph 4b above, the teacher waives all contractual rights to recall. d. If a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing comply with these requirements, the District shall notify the teacher by registered mail of this failure, and shall notify the teacher that if he/she does not comply with these requirements within 20 two (2) week days (excluding holidays) after receipt of notificationthe letter, the teacher’s employment will be terminated. 6. Notification is defined as the date at such time said notification is sent Teachers on layoff from the district central office by certified mail. In the selection of staff employer who register to be re-called, the Board shall use the criteria from Section 3-d, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary substitute will be based upon their ending salary plus any raise negotiated for placed in a priority position on the guest teacher calling list and will normally be called before other guest teachers. Such teachers will so register each school year and will be paid at the guest teacher rate. I. Reduction of reentrya position from full-time to part-time shall be avoided whenever possible. Any reduction of a position from full-time to part-time shall be considered a layoff.

Appears in 1 contract

Sources: Master Agreement

Staff Reduction. This article VIII A. Notification 1. Prior to November 15th of each school year, the Superintendent will. provide the President of the Association with a list of all teachers in the bargaining unit. The teachers will be listed by length of continuous employment within the impact areas as designated in the seniority list prepared by the Superintendent. 2. When two (2) teachers have the same length of continuous employment as teachers in South Portland, the teacher with the greatest length of total teaching experience in the South Portland school system shall be listed first. Leave covered by sick leave payments and/or leave of absence authorized by vote of the Board shall not apply be considered a break in continuous employment. 3. Not less than ten (10) calendar days (except in exigent circumstances) prior to Title I tutors. HoweverBoard action to lay off any teacher as a result of the elimination of teaching positions, the standards Superintendent or their representative will notify the President of this section the Association, and thereafter the Association shall be given an opportunity to meet with, consult with, and make recommendations to the Superintendent or their representative with respect to which teacher(s) will be applied to the tutors within the staff laid off. 4. No continuing contract teacher shall be laid off as a result of tutors. Whenever, eliminating teaching positions if there is a probationary teacher whose position in the judgment of the BoardSuperintendent and Board a continuing contract teacher is qualified to fill. 5. Continuing contract teachers shall be laid off as follows: the least senior teacher in the applicable grade cluster area or department cluster area shall be the teacher who shall be laid off; provided, staff reduction should become necessaryhowever, that if the Superintendent and Board determine that the least senior teacher by reason of superior training, qualifications, ability, or experience is more capable of meeting the needs of the students and the schools in the short and long term than a more senior teacher in the same cluster, then a more senior teacher may be laid off. The determination of the Board and Superintendent shall lay be final unless it is arbitrary and capricious. 6. The Superintendent will notify the President of the Association promptly of all teachers who are to be laid off or reassign teachers in order to achieve recalled at the necessary staff reduction, in accordance with same time the followingteacher is notified. 17. The Board will use reasonable efforts reserves the right to communicate establish, after consultation with a representative of the situation confronting the district to the teachers Association, different grade and the Association President so as to allow the teachers cluster areas for a good and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goalsappropriate reason. 8. Teachers in their early retirement window that are subject to RIF laid off as a result of staff reductions, who seek vacant positions during a three (3) year period after February 1 severance, will be allowed to exercise their early retirement option within considered for reemployment on the 10 days from the date basis of the communicationrecall provisions set forth in this Agreement. 29. While reviewing the staff reduction at the secondary level, The Association shall fully indemnify and hold the Board shall give consideration to do so completely harmless against all claims or suits of any nature that may arise by and within departmentsreason of the Board's compliance with this Article. 10. If positions are available, teachers may transfer to another department providing A teacher who is notified that they are certified to be laid off shall be granted up to three (3) days leave with pay, upon request and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated approval by the State Board Superintendent, for the purpose of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority)seeking alternate employment, all of which the administration shall consider in making recommendations subject to reasonable, advance notice to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirementsSuperintendent. 4. Any teacher laid off or reassigned pursuant to this Article shall have recall rights to any position for which he or she is certified at the time of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mail. In the selection of staff to be re-called, the Board shall use the criteria from Section 3-d, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated for the year of reentry.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Staff Reduction. This article VIII “Staff Reduction Guidelines for Certificated Personnel (Teacher Types)” dated December 1977 contained herein shall be amended by adding the additional paragraphs to read: For the purposes of a staff reduction caused by drop in enrollment, returning leave teachers and/or other administrative actions requiring teachers to be moved from their schools in the current or subsequent school years, teachers shall be ranked in their school, district office or other administrative unit by service time in the DOE in positions presently reflected by the definition of Bargaining Unit 5. Time as an educational officer shall not apply to Title I tutorsbe counted toward service time. HoweverEach administrator, at the beginning of the school year, shall generate a seniority listing reflecting service time in the DOE and, upon request, shall show any member of the bargaining unit where he/she falls on the list. In secondary schools, the standards of this section will department to which a teacher is assigned shall be applied to designated on the tutors within the staff of tutorsschool’s seniority list. Whenever, Teachers shall be ranked in the judgment departments by length of service in the Board, State of Hawaii. Should a staff reduction should become necessarybe neces- sary, the Board shall lay off or reassign teachers teacher in order to achieve the necessary staff reduction, in accordance department with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date least number of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers years of service in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4reduced. Any teacher laid off or reassigned pursuant to this Article so reduced, if certified in another area, shall have recall rights priority of placement over the least senior teacher in that department; how- ever, a member of the bargaining unit shall not displace another member of the bargaining unit who has more service time in the DOE.‌ Should there be a tie in the application of the above procedure, the tied teachers will be ranked by the service time in the school or administrative unit. Should there be a further tie, the teachers shall be ranked by service time within the district. Should a tie further continue, the principal shall use a neutral method to any position for which he break the tie, such as a flip of a coin. Whenever there are staff reduced or district unassigned teachers, the District shall confer with them to explain the method of assigning such teachers. A teacher who is staff reduced or affected by other administrative action may submit, if he/she is certified at so desires, a preferred list of not more than three (3) schools, three (3) geographic areas within his/her district, or other districts, to his/her District Personnel Regional Officer within seven (7) calendar days. Every reasonable attempt shall be made by the time Employer to place the teacher in one of lay off or reassignment his/her preferred areas. This teacher shall have priority for a period vacant position in his/her area of sixteen months following certification over less senior tenured teachers in similar situations. The Employer shall develop the teacher’s last working day, provided that procedures to implement the teacher submit aforementioned provisions. The Employer shall also provide to the Association the computer list reflecting service time in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed DOE for a position for which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility members of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns bargaining unit in each school or upon being recalled fails to report in writing within 20 days of notification. Notification is defined administrative unit and will provide updated lists as the date at such time said notification is sent from the district central office by certified mail. In the selection of staff to be re-called, the Board shall use the criteria from Section 3-d, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated for the year of reentrythey are available.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Staff Reduction. This article VIII A. When there is a reduction in a specific classification, as defined in sub-paragraph B, employees currently serving in that classification shall not apply to Title I tutors. However, the standards of this section will be applied to the tutors within the staff of tutors. Whenever, in the judgment of the Board, staff reduction should become necessary, the Board shall lay laid off or reassign teachers in order to achieve the necessary staff reduction, in accordance commencing with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4. Any teacher laid off or reassigned pursuant to this Article shall have recall rights to any position for which he or she is certified at the time of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mailleast senior employee. In the selection of staff employees for layoff, the school district shall retain those bargaining unit members with the greatest seniority provided they are properly qualified and able to perform all the needed duties for the position. B. Classifications are defined as: custodial, cafeteria, secretary, paraprofessional and bus driver. C. Whenever a bargaining unit member is to be re-calledlaid off, the school district shall notify the bargaining unit member and the Association president by mailing notice within ten (10) working days of the Board meeting in which the Board took layoff action, except in case of emergency. ▇. ▇▇▇▇ off bargaining unit members shall use be rehired in accordance with classification seniority; that is, the criteria from Section 3-dbargaining unit member with the greatest seniority in a classification shall be rehired first, provided they have the ability and skills necessary to perform the duties of this Articlethe job that is open. Necessary skills will be determined by written job descriptions agreed upon by both parties. E. When rehiring laid off bargaining unit members, the school district will notify them by certified mail at their last known address. It shall be the duty of the member on layoff to provide their current mailing address to the administration. If such bargaining unit member does not notify the school district within seven (7) working days from the mailing date of such notice that he/she will report for work on the date specified, or give a laid off teacher is rehired pursuant to this Articlelegitimate reason, their salary as determined by the superintendent, for delay beyond such time, he/she will be based upon their ending salary plus any raise negotiated for considered as having quit and all seniority shall be terminated. Seniority bargaining unit members shall have recall rights up to twenty-four (24) months from the year date of reentrylayoff.

Appears in 1 contract

Sources: Master Contract

Staff Reduction. This article VIII A. When the Board determines to reduce the number of staff members, appropriately certified teachers shall not be placed on layoff status based on inverse seniority. Seniority is defined as the length of service as a certificated teacher within the District, as of the teacher's first working day during his/her last period of continuous employment. A teacher whose position is eliminated shall apply in writing to Title I tutors. Howeverthe Assistant Superintendent for Human Resources for positions posted in Article IX, C-1-a, or if no vacancies exist shall replace the standards of this section teacher with the lowest seniority anywhere within the District in the area in which such teacher is certified. B. Teachers being considered for layoff will be applied given a preliminary indication prior to May 6 and will be notified prior to May 20 of the school year prior to the tutors within the staff of tutors. Whenever, in the judgment of the Board, staff reduction should become necessary, the Board shall lay off or reassign teachers in order to achieve the necessary staff reduction, in accordance with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers projected layoff; and the Association President so as to allow shall be notified of all such layoffs at that time. A layoff becomes effective on the teachers first (1st) day of a layoff period and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from on the date of the communication. 2notice of layoff or during the period from the notice of layoff to the first (1st) day of layoff. While reviewing Until the staff reduction at effective date of layoff, all notices of layoff are considered tentative subject to rescission by the secondary levelDistrict. Upon rescission, if after the effective date of lay-off, the Board District shall give consideration return the affected teacher to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are an open position for which he/she is certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remainingnext school year as per Article IX, certification, educational background (i.e., training and experience), federal and state affirmative action requirements.Section C. 4. Any teacher laid off or reassigned pursuant to C. Certified as used in this Article shall have recall rights mean that the teacher has on file the necessary certificate or can provide evidence by June 1 that the necessary certificate can be acquired by the beginning of the ensuing school year. Such teacher must file a letter of intent to any position for obtain such certification with the Human Resources Office not later than May 1. D. For teachers hired after July 1, 1996, in the event more than one teacher has the same seniority date, all teachers so affected shall be ranked in accordance with previous teaching experience as a certified teacher. In the event no apparent difference can be determined using the other factors mentioned above, a lottery will be held to determine final and permanent seniority ranking. E. Teachers shall be recalled in the inverse order of their release, and all benefits to which he or she is certified a teacher was entitled at the time of lay layoff (including but not limited to incremental steps on the salary schedule and accumulated sick leave) shall be restored in full upon re-employment within the recall period. F. Work previously performed by teachers on layoff status shall not be performed by persons not in the employ of the District. G. Teachers on layoff status shall be notified for recall by registered mail, restricted delivery, return receipt requested, to their last address of record, and be notified of the availability of position(s) and will be recalled before any new employee fills that position. An affirmative reply must be received by the District within ninety-six (96) hours of the receipt of such notice. Failure of delivery, for any reason, relieves the Board of its obligation to subsequently recall such teacher. The Association shall be apprised of all recall notices at the time they are sent. A teacher refusing recall and assignment to any full-time position for which he/she is certified shall have forfeited right to recall and/or layoff benefits unless the teacher was recalled prior to the effective date of this Agreement. In the event a laid-off or reassignment teacher who has accepted a teaching position in another Wisconsin School District is recalled, such teacher, upon submitting a letter of commitment to return to the District's employment the school year immediately following, shall be given a nonpaid leave of absence until the beginning of the next school year and a replacement teacher shall fill the vacant position in the interim. H. Laid-off teachers shall retain the right to call back for a period of sixteen months following three (3) years after August 1 of the teacher’s last working day, provided that the teacher submit year in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility of layoff occurs. I. Laid-off teachers may continue group insurance coverages (if applicable) available through the Board during the recall period by reimbursing the Board for premium costs. Failure to reemploy forward premium payment to the Board on a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as previously stipulated schedule will terminate this option. J. Laid-off teachers shall be given the date at such time said notification is sent from the district central office by certified mail. In the selection of staff first opportunity to be reemployed to replace regularly employed teachers on leave. Laid-calledoff teachers serving in such capacity shall retain all rights and benefits (including seniority accrual) accorded teachers on layoff status and, in addition, shall have their recall period extended by the length of their replacement teaching. K. By November 1 of each school year, the Board will cause to be published and posted in each building, and provide a copy to the Association, a seniority list. This list shall use also itemize, after each name, such teacher's area(s) of certification. A finalized alpha list and a list by certification area shall be provided the criteria from Section 3-dAssociation by February 1 of each year. This list shall include all corrections, deletions and additions of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated teachers for the year school year. L. In the event a teacher accepts a position with the Board outside of reentrythe teacher bargaining unit, he/she shall retain the unit seniority rights he/she had accrued at the time of accepting such position. M. Teachers on layoff status from full-time teaching positions shall be recalled to full-time teaching positions provided that such teachers shall have the option of accepting any part-time teaching position that may exist without jeopardizing their recall status for any full-time position. N. The District shall provide the Association by September 15 a current list of those teachers who have retained recall rights.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Staff Reduction. This article VIII shall not apply A. In the event the Board decides to Title I tutors. Howeverreduce the number of teachers through layoff, or reduce the number of teachers in a given subject area, field or program, or eliminate or consolidate positions, the standards procedure as listed below shall be followed. It is hereby 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 section will article shall be applied used in reduction of staff. B. Probationary teachers shall be laid off first when the position the probationary teacher is vacating is being eliminated altogether or where there are fully certified and fully qualified tenured teachers available to perform the duties of the position the probationary teacher is vacating. C. If reduction of tenured teachers becomes necessary, then tenured teachers shall be laid off on the basis of seniority, when the position the tenured teacher is vacating is being eliminated altogether or where there is a more senior tenured teacher who is fully certified and fully qualified available to perform the duties of the position the tenured teacher is vacating. D. Tenured teachers shall be recalled to the tutors within next available vacancy for which the staff of tutors. Whenever, in teacher is fully certified and fully qualified according to the judgment of qualifications established and required for the position by the Board, staff reduction should become necessary, the Board shall lay off or reassign teachers in order to achieve the necessary staff reduction, in accordance with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter arises within five (5) years preceding from the layoff dateeffective date of the tenured teacher’s layoff. 3E. The Board shall give written notice of recall from layoff by sending a certified letter return receipt requested to said teacher at the teacher’s last known address on file with the school district. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions It shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order responsibility of priority), all of which the administration shall consider in making recommendations each teacher to notify the Board and the Board shall consider by certified mail return receipt requested of any change in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4. Any teacher laid off or reassigned pursuant to this Article shall have recall rights to any position for which he or she is certified at the time of lay off or reassignment for a period of sixteen months address following the teacher’s last working daylayoff. The teacher’s address as it appears in the Board’s records shall be conclusive when used in connection with layoff, provided that recall or other notice to teacher. If the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report to work within twenty (20) days after the Board’s notice of recall has been returned by the United States Postal Service as being undeliverable, and unless an extension is granted in writing within 20 days by the Board, such teacher shall be considered to have abandoned his/her employment with the school district and is thereby terminated from all employment he/she may have had with the school district. F. A teacher who is laid off will maintain their seniority, years of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mail. In the selection of staff to be re-calledexperience, the Board shall use the criteria from Section 3-d, and sick leave accumulation. G. The provisions of this Article. If a laid off teacher is rehired pursuant to this Article, their salary layoff and recall procedure will be based upon their ending salary plus any raise negotiated for conform with the year requirements of reentrythe Michigan Teacher Tenure Act.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Staff Reduction. This article VIII A. When there is a reduction in a specific classification, as defined in sub-paragraph B, employees currently serving in that classification shall not apply to Title I tutors. However, the standards of this section will be applied to the tutors within the staff of tutors. Whenever, in the judgment of the Board, staff reduction should become necessary, the Board shall lay laid off or reassign teachers in order to achieve the necessary staff reduction, in accordance commencing with the following. 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will be allowed to exercise their early retirement option within the 10 days from the date of the communication. 2. While reviewing the staff reduction at the secondary level, the Board shall give consideration to do so by and within departments. If positions are available, teachers may transfer to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff date. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified and certificated for a position held by a person temporarily or not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4. Any teacher laid off or reassigned pursuant to this Article shall have recall rights to any position for which he or she is certified at the time of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mailleast senior employee. In the selection of staff employees for layoff, the school district shall retain those bargaining unit members with the greatest seniority provided they are properly qualified and able to perform all the needed duties for the position. B. Classifications are defined as: custodial, cafeteria, secretary, paraprofessional, computer/library instructional support technician and bus driver. C. Whenever a bargaining unit member is to be relaid off, the school district shall notify the bargaining unit member and the Association president by mailing notice within ten (10) working days of the Board meeting in which the Board took layoff action, except in case of emergency. D. Laid off bargaining unit members shall be rehired in accordance with classification seniority; that is, the bargaining unit member with the greatest seniority in a classification shall be rehired first, provided they have the ability and skills necessary to perform the duties of the job that is open. Necessary skills will be determined by written job descriptions agreed upon by both parties. E. When rehiring laid off bargaining unit members, the school district will notify them by certified mail at their last known address. It shall be the duty of the member on layoff to provide their current mailing address to the administration. If such bargaining unit member does not notify the school district within seven (7) working days from the mailing date of such notice that he/she will report for work on the date specified, or give a legitimate reason, as determined by the superintendent, for delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated. Seniority bargaining unit members shall have recall rights up to twenty-calledfour (24) months from the date of layoff. PAID LEAVES‌ A. Bargaining unit members absent from duty on account of illness or disability as defined in this section shall accumulate paid sick leave days as follows: 1. School year bargaining unit members shall receive ten (10) sick days per calendar year. 2. Twelve month bargaining unit members shall receive twelve (12) sick days per calendar year. B. Bargaining unit members shall be credited with sick days at the beginning of each contract year (prorated if hired during the contract year). A sick day is equal to the normal workday hours of the bargaining unit member’s regular schedule. C. Each bargaining unit member shall be entitled to an unlimited accumulation of unused sick leave. D. The Board of Education may request a statement to verify the ability/inability to return to work after five (5) consecutive work days of illness or disability leave from a licensed and practicing physician in the State of Michigan. If, however, the bargaining unit member is disabled or becomes ill while out of the state, he/she will be required to contact the school system by the most expedient means and may subsequently be required to furnish a physician's statement. E. If a bargaining unit member uses twelve (12) or more sick days in a given school year, the Board may request a physician's statement for each day thereafter. F. The Board reserves the right at its expense to verify the findings or certification of the bargaining unit member's physician (licensed and practicing in Michigan). Bargaining unit members shall use present themselves at reasonable times and places when requested by the criteria Superintendent for purposes of such evaluation by the Board's physician. Should the finding of the Board's designated physician disagree with the member's physician, the member may elect to have a third opinion rendered by a physician chosen mutually by the Board and the Association. Such third opinion shall not be considered as binding on the parties. This sub-paragraph shall not be considered applicable to Workers’ Compensation issues. G. To qualify for sick leave allowance, bargaining unit members must notify the immediate supervisor as early as possible, but no later than one (1) hour before the scheduled work day begins - except in cases of emergency. H. A bargaining unit member who suffers injury or disease which is compensable under Michigan Workers’ Compensation shall continue to receive the amount of regular pay by having their sick leave reduced by the difference between his/her net pay for regular work hours and his/her Workers’ Compensation pay for the duration of his/her accumulated sick leave. I. Leaves of absence with pay chargeable against the bargaining unit member's allowance in addition to illness shall be granted for the following: 1. For illness in the immediate family (the immediate family is considered to be the spouse, child, stepchild, parent, grandparent, grandchild, brother or sister). A special allowance for a person of personal significance to the member as well as additional days may be used in unusual circumstances if granted by the superintendent. 2. Time necessary for attendance at the funeral service of a person whose relationship to the bargaining unit member warrants such attendance but not to exceed one (1) day may be granted by the Superintendent. J. Leaves of absence with pay not chargeable against the bargaining unit member's sick allowance shall be granted for the following reasons: 1. A maximum of five (5) days per death in the immediate family of the bargaining unit member or the member's spouse as defined in Section I, 1 above. 2. Absence when a bargaining unit member is called for jury service. The bargaining unit member shall receive the difference between his/her regular pay and jury pay. The bargaining unit member is expected to return to work when dismissed from Section jury duty to complete his/her shift. 3-d. Court appearance as a witness in any criminal case or in any case connected with the bargaining unit member's employment or the school, less any witness fee received by the bargaining unit member. The bargaining unit member is expected to return to work to complete his/her shift when dismissed from duty. 4. Two (2) days will be granted to take a military physical examination. 5. After the completion of this Articlenine (9) months in the system, a maximum of two (2) days personal leave shall be allowed per school year for performance of personal or business obligations. Such days may accumulate if unused from year to year to a maximum of five (5) such days. A maximum of three (3) personal leave days may be taken on consecutive school days. Except during the last ten (10) days of a semester and days immediately preceding or following scheduled school calendar holidays and vacations, personal leave days shall be freely granted upon written request to the immediate supervisor and the bargaining unit member's reason for such absence need not be stated. If taken during the last ten (10) days of a laid off teacher is rehired pursuant to this Articlesemester, their salary before or after a holiday or vacation, the reason shall be stated. a. A written request must be made at least forty-eight (48) hours in advance, except in the case of emergencies. b. Days may not be used for working another job. c. Normally, no more than two (2) employees from each job classification (culinary, bus drivers, secretaries, custodians, computer/library instructional support technician and paraprofessionals) will be based upon their ending salary plus granted personal business days on any raise negotiated for the given day. K. Any bargaining unit member may voluntarily donate up to five (5) days per year of reentryhis/her accumulated sick days to another bargaining unit member facing personal long term illness or the long term illness or death of an immediate family member provided that the bargaining until member has exhausted his/her own sick/personal day allowance. It shall be the responsibility of the recipient member or his/her designee to notify the Business Office and Association President of his/her desire to seek sick day donations. In turn, the Association President shall notify members of such request and subsequently, notify the Business Office of the names of bargaining unit members who may be interested in contributing from their own personal sick day allowance to requesting recipient bargaining until member. No donation of sick days may be given to another bargaining unit member after the donating member has announced that he/she is planning on resigning or retiring.

Appears in 1 contract

Sources: Master Contract

Staff Reduction. This article VIII Reduction In Force (RIF) – shall not apply be defined as “an employee being laid off by system seniority within an affected Series” A. If it becomes necessary to Title I tutors. Howeverreduce employees in a job series due to substantiated lack of funds, major declining enrollment, and/or lack of work for good cause shown, the standards of Board will attempt to make reductions, first through attrition such as retirements or resignations. If this section will method does not meet reduction requirements, employees shall be applied to laid off in the tutors within the staff of tutors. Wheneverfollowing order, in the judgment of the Board, staff reduction should become necessary, the Board shall lay off or reassign teachers in order affected series according to achieve the necessary staff reduction, in accordance with the following.system seniority: 1. The Board will use reasonable efforts to communicate the situation confronting the district to the teachers and the Association President so as to allow the teachers and the Association a reasonable opportunity, not to exceed 10 days from the date of communication, to present possible alternatives such as early retirement, normal attrition, part- time contract, contract for substitute teaching, and/or other alternatives which could accomplish the same goals. Teachers in their early retirement window that are subject to RIF after February 1 will Temporary employees shall be allowed to exercise their early retirement option within the 10 days from the date of the communicationlaid off first. 2. While reviewing Probationary employees who have not completed ninety (90) worked days. 3. Part-time employees with the staff reduction at least system seniority in each series affected 4. Full-time employees with the secondary levelleast system seniority in each series affected In case of identical continuous system seniority, the employee who last signed the employment contract shall be laid off first. For the purposes of Reducing, Bumping, and Recall, the following series and classification shall be used: Series I – Clerical Series V – Student Services Secretary I Educational Interpreter Secretary II Paraprofessional Clerk Typist Computer Technician IT Lead Technician Computer Lab Assistant Employees shall be laid off according to system seniority within their series. The employee with the least system seniority in the series affected by a layoff shall be laid off first. B. In the event of any layoff, the Board shall give consideration the Bargaining Unit President and the employee written notice a minimum of fourteen (14) calendar days, and insofar as possible, thirty (30) calendar days prior to the effective date of the layoff, reason for layoff, and reinstatement rights. The Director of Human Resources or his/her designee may reassign the laid-off employee to another position from the time the employee is notified of the layoff until the day the employee is laid off. C. When new positions are being created at the same time current positions are being eliminated, the following procedures will be used in this order: 1. Option to accept a new position will be offered to any qualified employee (as outlined in D) facing Reduction in Force actions 2. Implement Reduction in Force procedures 3. Implement Bumping Procedures 4. Create Reinstatement List 5. Post any remaining available positions D. An employee may bid on a vacancy to avoid layoff; however, such an employee shall be qualified to do so as determined by law, Board, and within departmentsits administration after consultation with matched skill base/training and/or OAPSE 129 President. If positions are available, teachers may transfer Taking such a position (if different from the recently held position or a long term sub position) defined as lesser hours and/or benefits does not remove the employee from the reinstatement list. The employee must request removal in writing to another department providing that they are certified and they have taught in that subject matter within five (5) years preceding the layoff dateHuman Resources Department. 3. No teacher protected by statutory continuing contract provisions will be non-reemployed while qualified E. A transferred employee shall retain all seniority rights, such as longevity allowance, vacation allowance, and certificated retirement service. F. The Board agrees to continue current payments for all benefits for a position held by a person temporarily or period not fully certificated by the State Board of Education or a person who has attained continuing contract status. a. Staff with emergency and/or temporary certification will to exceed ninety (90) days, should any employee be released first. b. Non-degree staff in professional positions shall be released second. c. Professionally certified staff shall be released third. d. The board hereby establishes the following criteria (not necessarily in order of priority), all of which the administration shall consider in making recommendations to the Board and the Board shall consider in determining which staff in the above categories will be affected by staff reduction: seniority, evaluation records, qualifications as established for the positions remaining, certification, educational background (i.e., training and experience), federal and state affirmative action requirements. 4. Any teacher laid off or reassigned pursuant have his/her hours reduced, involuntarily, due to this Article shall have recall rights to any position for which he lack of work or she is certified at the time lack of lay off or reassignment for a period of sixteen months following the teacher’s last working day, provided that the teacher submit in writing, within 30 days upon receiving notice, a letter of intent stating the desire to become re-employed for a position for which the teacher is certified and has experience within the past five years. Furthermore, it is the responsibility of the Board to reemploy a teacher member. Recall privileges cease when a teacher either voluntarily resigns or upon being recalled fails to report in writing within 20 days of notification. Notification is defined as the date at such time said notification is sent from the district central office by certified mail. In the selection of staff to be re-called, the Board shall use the criteria from Section 3-d, of this Article. If a laid off teacher is rehired pursuant to this Article, their salary will be based upon their ending salary plus any raise negotiated for the year of reentryfunds.

Appears in 1 contract

Sources: Collective Bargaining Agreement