Narragansett - Article XI Seniority, Layoff, Recall

ARTICLE XI SENIORITY, LAYOFF, RECALL

Narragansett School District

To the extent permissible by law, the parties hereto recognize and accept the principal of seniority in all cases of layoffs and recalls.

A. Seniority

1. Seniority is defined as the length of teaching service and/or approved leave of absence within the Narragansett School System. Seniority does not accrue during a period of layoff. Seniority shall commence as of the day a teacher is appointed by the Committee provided, however, that in the event a teacher is appointed to a position after having begun service in the same position, said teacher's seniority shall date from his/her first day of service.

2. If the initial seniority date is the same for two or more teachers, seniority shall be determined by drawing lots. The lots shall be administered by the Superintendent of Schools, with the Association President drawing the names. The affected teachers will be invited when the lots are drawn.

3. On or before November 15th of each year, the Committee shall publish a system wide seniority roster which will be posted in each school. If a teacher questions his/her position on the roster and it cannot be resolved informally, the dispute shall be referred to the grievance procedure.

4. Seniority shall terminate upon:

a. Resignation;

b. Discharge for cause;

c. Failure to return to work upon expiration of a leave of absence;

d. Refusal to accept recall pursuant to C5;

e. Failure to maintain certification.

B. Layoffs/Displacement

Displacement occurs when there has been the elimination or reduction of a grade level, course selection or program. Layoffs shall be in inverse order of seniority within the areas of certification affected by the layoff. In these situations, to avoid layoff, a senior teacher shall displace the most junior employee in the bargaining unit in which he/she holds certification.

C. Recall

1. Any teacher laid off pursuant to this section shall have the right to recall in order of seniority, provided such person was not hired as a one-year temporary replacement for a person on leave. The person recalled must meet the vacancy requirements as listed in Article X. A. 2.

2. The right to recall extends to teaching vacancy in an area in which the laid off teacher is certified at the effective date of layoff.

3. No vacancy shall be posted pursuant to Article X until all teachers on layoff, who have the right to recall to such vacancy, have been offered recall in order of seniority, pursuant to section C4.

4. When the Committee intends to fill a position for which a laid off teacher is eligible, the Superintendent of Schools shall notify said teacher by certified mail, return receipt requested, at the last known address. The teacher will notify the Superintendent of Schools in writing of his/her intent to accept or reject the position within a period of fourteen (14) calendar days after receipt of notification.

5. If a notified teacher refuses to accept the position offered, or fails to respond to such notification within the above time limit, such teacher will lose all rights under this provision. Should this occur, the Superintendent of Schools will then notify the teacher with the next highest seniority in the area of certification of such vacancy, and the same procedure will apply.

6. Full time teachers shall not forfeit seniority standing by acceptance or refusal to accept recall to part- time employment.

7. Part-time employees shall not forfeit seniority by refusal to accept recall to employment requiring a lesser teaching load than was carried during their part-time employment.

8. A teacher may elect or reject recall to a position if the position which he/she is offered is for a shorter duration than the length of his/her original appointment.

9. The termination of seniority also prohibits the teacher from being placed on the recall list.

D. Procedural changes to this article required because of BEP regulations (Basic Education Program Regulations of the R.I. Board of Regents for Elementary and Secondary Education) will be jointly developed by the Association and the Superintendent of Schools or his/her designee.