|
|
|
|
ARTICLE XXII
LAYOFF ACTIONS & EFFECTS RELATED THERETO
22.1 The District and the Association agree that all Education Code procedural requirements and provisions for layoff and recall of unit members shall be observed if the District determines that reductions in force are necessary as a result of declining enrollment or that there will be a reduction or discontinuance of a particular kind of service not later than the beginning of the following year.
22.1.1 The services of no unit member may be terminated under the provisions of Education Code Section 44955 while any other employee with less seniority is retained to render any service which the unit member is certificated and competent to render.
22.2 Pursuant to Education Code Section 44955, as between employees who first rendered paid service to the District on the same date, the governing board shall determine the order of termination solely on the basis of needs of the District and the students thereof.
22.2.1 Upon the written request of the Association, the governing board shall furnish in writing no later than five (5) days in advance of the Hearing (Section 44949) a statement of specific criteria used in determining the order of termination and the application of the criteria in ranking each employee relative to other employee relative to other employees referred to in Section 22.2, above.
22.3 Article XV, Health and Welfare Benefits, shall provide coverage through September 30 for those unit members who have worked a full school year and who are given layoff notice as a result of a reduction-in-force action by the Board on or before May 15 of the previous school year.
22.4 During the thirty-nine (39) month period of his/her preferred right of reappointment, a laid-off permanent employee shall, in the order of original employment, be offered prior opportunity for substitute service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty; provided that the laid-off employee’s services may be terminated upon the return to duty of the other employee, that the compensation he/she receives shall be not less than the amount he/she would receive if he/she were being reappointed, and that substitute service shall not affect the retention of his/her previous classification and rights.
22.5 During the twenty-four (24) month period of his/her preferred right of reappointment, a laid-off probationary employee shall in the order of original employment, and subject to the rights of permanent employees as provided for in Section 22.4, above, be offered prior opportunity for substitute services during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty; provided, that his/her services may be terminated upon a return to duty of such other employee, that such substitute service shall not affect the retention of his/her previous classification and rights, and such an employee shall be given priority over employees whose right to a substitute position is derived from Education Code 44918.
22.6 A laid-off employee shall be eligible to purchase fringe benefit coverage for him/herself and dependents for the first quarter following layoff provided that he/she is not eligible for health insurance coverage elsewhere and also provided that he/she agrees to serve the District as a substitute teacher if requested. Beginning with the second quarter of the school year following layoff and continuing for the period of reemployment rights provided for in Education Code Sections 44956 and 44957, a laid-off employee may only continue to purchase fringe benefit coverage for him/herself and dependents provided that he/she is not eligible for health insurance coverage elsewhere and has accepted seventy-five percent (75%) of the verifiable substitute teacher service opportunities offered by the District during the preceding school quarter; failure in any school quarter to accept seventy-five percent (75%) of verifiable substitute assignments offered by the District shall cancel the fringe benefit purchase opportunities herein.
22.6.1 The purchase fee for vision service insurance and health insurance (as provided for by Cigna and Kaiser, for example) shall be subject to insurance carrier approval and provisions, and further subject to procedure for payment established by the District.
22.7 Employees who have been laid-off by the District under the provisions of Education Code Section 44955 and who are permanent employees at the time of layoff, shall have preferred right for reappointment to fill any vacancies, as provided for in this section, which occur during the thirty-nine (39) month period following the effective date of the affected employees' termination.
22.7.1 Those employees who wish to take advantage of the preferred right to reappointment shall keep the District apprised in writing of their current mailing address(es), and of any changes in the credentials they hold.
22.7.2 During the thirty-nine (39) month reappointment period, the District shall maintain a current file of all laid-off employees' mailing addresses, together with the credentials held by each such laid-off employee.
22.7.3 Preference for reappointment to a vacant position shall be given to the qualified laid-off employee with the first date of paid District service in a probationary status.
22.7.3.1 In the event that two (2) or more laid-off employees who are qualified to fill a vacant position first rendered paid probationary service to the District on the same date, the preferred right to reappointment shall be determined by the District on the basis of the needs of the District and the students thereof as referred to in Section 22.2, above.
22.7.4 The term “qualified” as used in Section 22.7, and its various sub-sections, shall be based upon the laid-off employees’ certification and competency, and upon the affirmative action goals of the District.
22.7.5 When any vacancy occurs in a position which one or more of the laid-off employees is/are qualified to fill, the District shall notify qualified employees of the vacancy.
22.7.5.1 Notification of vacancies, as provided for in Section 22.7.3, above, shall consist of written notice sent by the District via certified mail, return receipt requested, to the employee's last known address(es).
22.7.6 Each laid-off employee notified of a vacancy, pursuant to Sections 22.7.3 and 22.7.3.1, above, which he/she is qualified to fill shall be allowed ten (10) calendar days following mailing of such notice to signify whether he/she will accept reappointment to the vacant position contained in the District notice.
22.7.6.1 Signification by the laid-off employee shall be made in writing and either delivered in person, or by certified mail, to the Certificated Personnel Services Office.
22.7.7 As to any such employee who is reappointed, the period of his/her absence shall be treated as a Leave of Absence and shall not be considered as a break in the continuity of his/her service. He/she shall retain the classification and order of employment held when his/her services were terminated. Credit for prior service under any state or district retirement system shall not be affected by such termination, but the period of layoff shall not count as a part of the service required for retirement.
22.8 Employees who have been laid-off by the District under the provisions of Education Code Section 44955 and who are probationary employees at the time of layoff, shall have preferred right for reappointment, subject to the reappointment rights of laid-off permanent employees described in Section 22.7, above, to fill any vacancies, as provided for in this section, which occur during the twenty-four (24) month period following the date of the affected employees’ termination.
22.8.1 Those employees who wish to take advantage of the preferred right to reappointment shall keep the District apprised, in writing, of their current mailing address(es) and of any changes in the credentials they hold.
22.8.2 During the twenty-four (24) month reappointment period, the District shall maintain a current file of all laid-off employees’ mailing address(es), together with the credentials held by each such laid-off employee.
22.8.3 When any vacancy occurs in a position which one or more of the laid-off employee(s) is/are qualified to fill, the District shall notify qualified employees of the vacancy.
22.8.3.1 Notification of vacancies as provided for in Section 22.8.3, above, shall consist of written notice sent by the District via certified mail, return receipt requested, to the employee’s last known address(es).
22.8.4 Each laid-off employee notified of a vacancy, pursuant to Section 22.8.3 and 22.8.3.1, above, which he/she is qualified to fill shall be allowed ten (10) calendar days following mailing of such notice to signify whether he/she will accept reappointment to the vacant position contained in the District notice.
22.8.4.1 Signification by the laid-off employee shall be made in writing and either delivered in person, or by certified mail, to the Certificated Personnel Office.
22.8.5 Preference for reappointment to a vacant position shall be given to the qualified laid-off employee with the first date of paid District service in a probationary status.
22.8.5.1 In the event that two (2) or more laid-off employees who are qualified to fill a vacant position first rendered paid probationary service to the District on the same date, the preferred right to reappointment shall be determined by the District on the basis of the needs of the District and the students thereof, as referred to in Section 22.2, above.
22.8.6 The term “qualified” as used in Section 22.8, and its various subsections, shall be based upon the laid-off employee’s certification and competency, and upon the affirmative action goals of the District.
22.8.7 As to any such employee who is reappointed, the period of his/her absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his/her service. He/she shall retain the classification and order of employment held when his/her services were terminated. Credit for prior service under any state or district retirement system shall not be affected by such termination but the period of layoff shall not count as a part of the service required for retirement. The period of his/her layoff shall not be counted as a part of service required to attain permanent status.
22.9 Any laid-off employee who is offered reappointment to a vacant position pursuant to the provisions of Sections 22.7 or 22.8, above, may for not more than one (1) school year decline the offer to reappointment without jeopardizing his/her preferred right to reappointment for any subsequent vacant position for which he/she is qualified, as defined in Sections 22.7.6 and 22.8.6, above.
22.10 Employees given a March 15 notice of intent not to reemploy shall be entitled to use six (6) full days or six (6) half days of available Personal Necessity Leave for purposes of bonafide job interviews with other prospective employers, provided that they give at least three (3) days advance notice to their immediate supervisors.
22.11 The District and the Association agree that any alleged violation of this Article, except for Section 22.10, above, shall be excluded from the provisions of Article V, Grievance Procedure, of this Agreement.
22.12 This represents a completion of negotiations of the matter of implementation, impact and effects of the layoff of unit members. Neither party is required to negotiate any further on the matters referred to in this Article. Therefore, the provisions of this Article shall be interpreted as full settlement of all negotiations on the matter of unit member layoffs, reemployment and the impacts and effects of those matters. |
|
Home
-
Contact Us -
Change of
Address - Feedback -
Get Involved in the UTP -
Search
|
