ARTICLE 21 SENIORITY, LAYOFFS & RECALLS

Barrington School District

SECTION 1. The term seniority, as used in this Agreement, shall mean length of employment and shall commence with a teacher's first day of employment on a contractual basis.

SECTION 2. On or before December 1 of each year the School Committee shall publish a seniority roster which will be posted in each of the schools. In determining the relative seniority ranking of teachers the time and dates stamped on the returned signed assignment sheet reflecting the commencement of continuous employment shall govern. If the time and date are the same as between two or more teachers, then seniority shall be determined by drawing lots. For those assignment sheets that were not stamped with time and date, seniority shall be determined by date typed on the face of the assignment sheet. Should the date on the face of more than one assignment sheet be the same, seniority will be determined by drawing lots. If a teacher questions their position on the seniority roster, and the matter cannot be resolved informally, the dispute shall be referred to the Grievance Procedure.

Seniority shall accrue during active employment and during all authorized leaves of absence but shall not accrue during periods of layoff. Seniority shall terminate upon:

2.1 Resignation

2.2 Discharge for cause (misconduct or incompetence)

2.3 Failure to accept recall to full-time permanent employment from layoff.

2.4 Failure to return to work upon expiration of a leave of absence unless prevented from doing so by circumstances beyond the control of the teacher.

SECTION 3. A "layoff," as that term is used in this agreement, shall mean and refer to termination or suspension of employment for any reason other than performance, misconduct, resignation, retirement or disability. Layoffs shall take place in accordance with the following procedure:

3.1 On or before June 1 of each year or such other date as may be fixed by law, the School Committee shall notify all teachers who are to be laid off at the end of the school year.

3.2 Layoffs shall be within the areas of certification affected by the layoff and based upon the criteria outlined in Article 20 Section 4.

3.3 Any teacher notified of layoff, who, in the event of layoff, would have recall rights in any other area(s) of certification may accept layoff or elect to request a transfer to replace a teacher having the least seniority in any such area(s) of certification, such request for transfer shall be considered based upon the criteria outlined in Article 20 Section 4 above. Any teacher so replaced shall have the same rights as the teacher who replaced them. A request to transfer in lieu of layoff must be made within five (5) school days of June 1 and each teacher replaced by transfer must exercise their request to transfer in lieu of layoff within five (5) school days of notice of replacement.

SECTION 4. Teachers on layoff shall have the following recall rights:

4.1 The right to recall extends to any teaching vacancy in an area in which a laid off teacher was certified as of the June 30 following notice of layoff.

4.2 First priority for recall to available positions shall be accorded teachers laid off (suspended) pursuant to 16-13-6 of the General Laws. Such teachers shall be recalled in accordance with said statute .

4.3 When the terms of 4.1 have been observed, other teachers on layoff shall be entitled to recall subject to the provisions of Article 20 Section 4 above.

4.4 No new teacher may be hired for any vacancy until all teachers on layoff who have the right of recall subject to the provisions of Article 20 Section 4 above.

4.5 A vacancy posted in accordance with Article 20, Section 3.2 may be filled by transfer so long as to do so does not block the recall of a laid off teacher.

4.6 Subject to the provisions of 4.2, when the School Committee intends to fill a position for which a laid off teacher has certification, the Superintendent shall notify, by email, all teachers with a right ofrecall at the teacher's last known email address. Such teachers with a right of recall shall be duly considered for the vacancy based upon the criteria established in Article 20 Section 4. Any teacher selected pursuant to Article 20 Section 4 above will notify the Superintendent in writing of their intent to accept or reject the position within a period of five (5) calendar days after receipt of notification. If a teacher is not selected under Article 20, section 4, they shall remain on the recall list subject to section 4.8.

4.7 If a notified teacher refuses to accept the permanent full-time position offered or fails to respond to such notification within five (5) calendar days, such teacher will lose all rights under this provision.

4.8 Any right to recall as provided by this collective bargaining agreement shall not extend to a teacher who has been separated from employment for more than two (2) years.

SECTION 5. The provisions of this Article shall apply to part-time teachers as well as full­ time teachers. Full-time teachers shall not forfeit seniority by refusing to accept recall to part-time employment but for all purposes except layoff and recall under R.I.G.L. Title 16, Section 36, seniority shall accrue only through active service. Part-time employees shall forfeit seniority by refusal to accept recall to employment requiring a greater teaching load with a consecutive schedule.