(a) Seniority shall be defined as the length of continuous full or part-time service as an employee in the bargaining unit under a limited or continuing contract in the district.
(b) The accrual of seniority shall begin from the date of regular full-time or part-time employment as verified by official Board of Education minutes, and continue for all time the employee is working and receiving regular paychecks, is receiving Workers‘ Compensation benefits, or is in military service.
(c) Time spent on inactive pay status of one or more years, after September 1, 1992 (unpaid leave, suspended contract, or the initial five years of disability retirement), shall not contribute to the accrual of seniority, but shall not constitute a break in seniority. Such employees will be given an adjusted seniority date to reflect the time off work on such unpaid leave, suspended contract, or disability retirement.
(d) Seniority shall be terminated when an employee resigns, retires, or his/her contract with the BOARD is terminated or is non-renewed.
(e) if two or more employees have the same seniority or adjusted seniority date, as computed using the foregoing procedures, or if conflicts develop over seniority, seniority will be first determined by the date of Board of Education hiring as stated in the BOARD minutes; secondly by the date of employment application, and thirdly by a coin flip by those involved in the dispute.
12.02 Seniority List
(a) Every employee's name will appear in order of seniority on a list according to the employees areas of certification or licensure on file in the office of the Superintendent at the commencement of the second semester of a school year. Employees who are certified or licensed in more than one area shall have their names on the list under each category for which they hold a valid Ohio Department of Education certification or license, and for which the certificate or license is on file in the office of the Superintendent.
(b) The seniority list shall be compiled by placing at the top of the list in descending order of seniority, according to respective areas of certification, those employees serving under continuing contracts. Employees sen/ing under limited contracts will be placed on the list below those with continuing contracts, also in descending order of seniority.
(c) The seniority list shall be prepared by the Superintendent no later than December 1 of each school year. The seniority list shall be reviewed by the ASSOCIATION President and Superintendent. All disagreements about the accuracy of the list shall be resolved. The seniority list shall then be updated with any new certifications or licenses ?led with the Office of the Superintendent and then initialed by the ASSOCIATION President and the Superintendent, with copies given to each no later than January 31. Once initialed, the seniority list shall be considered final.
12.03 Reduction in Force
(a) When a staff reduction is necessary, as determined by the BOARD, the Superintendent shall give written notice by the certified mail o the intent to recommend the suspension of contracts to the employees so affected and the ASSOCIATION President. A list of all those affected shall be given to the ASSOCIATION. The notification to the employees and the ASSOCIATION shall be given eight (8) calendar days prior to the BOARD meeting at which action will be taken on the reduction in force in order to allow the ASSOCIATION to confer with the Superintendent about the reasons for the reduction.
(b) Implementation of a reduction in force shall occur at no other time than the beginning of a school year, expect for reductions made necessary the return of an employee from a leave of absence.
(c) Reduction(s) shall be made through attrition resulting from resignations, retirements, non-renewals, terminations and transfers, with the vacancies created by such resignations, retirements, non-renewals, terminations or transfers filled utilizing the procedures set forth in Article IX.
(d) Secondly, if additional reductions are necessary, non-tenured employees in the certification area(s) affected by the reduction will be reduced on the basis of last senior, first to be reduced, by certification area, as noted on the seniority list.
(e) If additional reductions are necessary, tenured employees in the certification area(s) affected by the reduction will be reduced on the basis of least senior, first to be reduced, by certification area or position, as noted by the priority list.
(f) Employees who are displaced and/or reduced from one teaching area but who hold a valid certificate in another area taught in the District may exercise their seniority to displace the least senior employee in the other teaching area; provided a non-tenured employee shall not have the right to displace a tenured employee and, provided further, the senior employee desiring to exercise this displacement right has either:
(1) taught in this teaching area within the past four (4) years; or
(2) can demonstrate to the satisfaction of the Superintendent the present ability to teach the subject(s) involved. The Superintendent's decision shall not be arbitrary and capricious. Any employee wishing to exercise this right of displacement must notify the superintendent, by certified mail, within seven (7) days of the date the employee receives his/her notice of reduction as required by Section 12.03(a).
(g) After all reduction/displacement alternatives are exercise, the employees who are unable to exercise such rights will have their reaching contracts suspended.
12.04 Recall from Suspended Contract Status
(a) The names of employees whose contracts are suspended or whose work hours are reduced in a reduction in force will be paced on a recall list for a period of two (2) years. Thereafter, an employee shall lose his/her right to recall. Employees on the recall list shall have the following rights:
(1) No new appointments may be made by the BOARD while there are employees with suspended contract available who are certified to fill vacancies.
(2) Employees on the recall list will be recalled in order of seniority for vacancies in areas for which they are certified and a record of same is on the file with the Superintendent.
(3) Notice of recall from suspended contract status will be by certified letter ot the last known address of the employee to be recalled. It is the responsibility of the employee to keep the BOARD informed of his/her current address. Within seven (7) calendar days of receipt of the notice, or upon return of the Notice of Recall undelivered by the post office, the employee notified is required to indicate in writing to the Superintendent his/her availability for the position. Any employee who fails to respond with in seven (7) calendar days, will forfeit all recall rights and will be deemed to have resigned his/her employment. An employee shall have the right to decline to accept one offer of recall. An employee who declined to accept an offer of recall to a second position will forfeit all recall rights and will be deemed to have resigned his/her employment.
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