Dear Colleagues,
Many of you have written asking for more information around the procedures of lay-offs and recall. I apologize for not answering everyone individually, but feel it is best to answer in a mass email hoping that I am sending the most pertinent information. Please read over the section from our contract and the recall language from a letter of understanding that I have copied in this email if you are interested in how this works.
You will notice that although seniority is a factor in lay-offs, there are other reasons why some people may be kept over others. I would also like to draw your attention to the first line of 15.01 about Lay-offs being kept to a minimum.
Many of you probably also noticed that the new proposals around the state budget do not have our state aid cut at all, just like the Governor’s proposal. If permanent cuts are made that affect programs in the district then perhaps the Board’s hope is to stall the need to ask for another operating levy. Beyond that it would be difficult to conjecture why there is a need right now for cuts.
In Solidarity,
Ari Klein
CHTU President
15.0 PROCEDURES IN THE EVENT OF REDUCTIONS IN STAFF AMONG EMPLOYEES CERTIFIED PURSUANT TO SECTION 3319.22, OHIO REVISED CODE
Reduction of staff because of budgetary constraints, declining enrollments, changing course offerings and selections, and other comparable factors shall be accomplished as follows.
15.01 Attrition
The number of persons affected by a reduction in force will be kept to a minimum by not employing replacements insofar as practicable for employees who retire or resign or whose limited contracts are not renewed on the basis of performance. To achieve educational aims, however, it may be necessary to hire some replacements for some positions if other employees in the system do not possess the certification/licensure, qualifications and experience for the position and the position is one that needs to be filled. Attrition, moreover, may not be sufficient to accomplish a reduction in force in full.
15.02 Non-Renewal and Suspension of Contracts
Reductions not achieved through attrition will be made by not renewing limited contracts of employment. Notice of non-renewal will be given on or before April 30 in accordance with Section 3319.11, Ohio Revised Code.
Suspension of contracts of tenured teachers shall be in compliance with and pursuant to requirements of the Ohio Revised Code and in such event a list to be used for restoration to continuing service status shall be established.
15.021 Seniority
Employees with longer continuous service ordinarily will be retained in preference to those with less continuous service certified to teach in the same field. The order of preference for retention among or between employees with the same length of continuous service, certified to teach in the same field, and equally qualified for retention, shall be based on the dates of the letters sent by the Director of Human Resources offering employment positions to the affected employees. The employees with the earlier dates of employment offers as indicated on the aforementioned letters shall be retained.
15.022 Factors other than Seniority
Exceptions to preference for retention based on length of continuous service may be made to insure the retention of particular skills that are needed, to comply with state and federal laws relating to employment matters, and to insure continued performance of supplemental duty assignments performed in the past by employees with less continuous service. Other unusual or unanticipated situations also may warrant taking factors other than length of continuous service into account in determining preference for retention.
15.023 Measuring Length of Service
For the purpose of determining preference for retention, length of continuous service in employment with the School District will be measured on the basis of the length of actual uninterrupted service without regard to the particular number of hours or days worked by employees during the period of service. Length of continuous service will not be interrupted or affected by authorized leaves of absence with pay or authorized leaves of absence without pay for illness or disability, including pregnancy. Leaves of absence without pay other than for illness or disability, including pregnancy, will result in a proportionate decrease in length of continuous service. The continuous service of an employee who has returned to employment following resignation or other termination of employment will be measured from the date of return.
RECALL (from May 2010 letter of understanding)
Teachers whose continuing contracts are suspended shall be placed on a recall list and shall have first priority in recall and shall be recalled in order of greater seniority to fill vacancies for which they are licensed.
Teachers whose limited contracts were non-renewed only by virtue of reduction-in-staff shall be placed on a recall list and shall have priority after continuing contract teachers have been recalled. Limited contract teachers shall be recalled in order of greater seniority to fill vacancies for which they are licensed.
No new teachers shall be employed by the Board while there are teachers on the Reduction-in-Staff list who are certificated for any vacancy in a teaching position.
In the event that vacancies become available, the Board shall recall teachers to active employment status by giving written notice to them. Said written notice shall be sent to the teachers’ last known address and a copy to the Union. It shall be the responsibility of each teacher to notify the Board of any change in address.
If a teacher fails to accept active employment status within five business days from the date said notification was delivered, said teacher shall be considered to have declined said offer and shall be removed from the Reduction-in-Staff list.
A teacher on the Reduction-in-Staff list shall, upon acceptance of the notification to resume active employment status, return to active employment status with the same seniority, sick leave, and salary schedule placement as said teacher would have earned before suspension or non-renewal.
Teachers shall remain on the Reduction-in-Staff list for a period of two (2) years from the last day of active employment by the District unless the teacher has accepted, prior to such time, employment in another school district which shall automatically remove the teacher from the list.