Know Your Contract
ESP - Reduction in Force (RIF)
I am concerned that with the state of school funding the district may contract out or eliminate my current position. If this happens, what are my rights? The contract states:
ARTICLE 9 - Reduction in Force
Article 9-1 If the Board of Education is going to consider the reduction in the number of positions within the bargaining unit, it shall first notify WEA of its desire to explore such a reduction. WEA and District representatives shall meet within ten (10) days of such notification to discuss the potential reduction in force. The parties will explore the need for the reduction and any alternatives.
Article 9-2 In the event the Board decides to move ahead with the implementation of a reduction in force, the Board may institute a reduction in force in any department or division when it deems it necessary. In the event that a reduction in the number of positions within a given department or division is necessary, the District shall provide thirty (30) days written notice to the affected employees.
Article 9-3 Normal attrition, volunteers, and probationary staff shall be considered prior to any staff reductions, after which staff reductions shall be based on job performance and length of service with the District.
Article 9-4 Employees who are separated as the result of a reduction in force shall be placed on a layoff list, which shall be maintained by the District; and such employees shall have a right to recall to the position they previously held if such positions become available for the period of eighteen (18) months from the date of layoff.
In addition, Article 17-6 provides that:
Employees who are involuntarily transferred into a classification with a lower pay range will continue to be paid at their same hourly rate for up to one school year. thereafter, the employee will be paid in accordance with the range for the classification.
The contract therefore guarantees that:
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WEA will be notified of any potential RIF |
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Affected employees will get at least 30 days notice |
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attrition, volunteers and probationary laid off first |
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Seniority and job performance after that |
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Recall rights for 18 months |
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If you are moved to a lower pay range, your hourly rate is protected for one school year |
Your building administrator is not required to inform you of your rights. It is up to you to Know Your Contract!
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