ARTICLE XXIII SENIORITY

North Smithfield School District

A. For teachers employed as of July 1, 2007, if work commenced prior to the date of the School Committee meeting the date said work commenced shall be the teacher’s seniority date.

In the event two (2) or more teachers have the same seniority date, a lottery shall be drawn within 30 days of appointment to determine the relative seniority of the affected teachers on each such occasion, drawn by the Superintendent.

B. A seniority list will be prepared by the Superintendent by November 1st of each school year and a copy given to the Association President for distribution, and teachers shall have until December 1st to review and make corrections. Whereupon the seniority list shall be revised considering corrections, thereafter a final list shall be prepared on or before February 1st. If a teacher questions his/her position on the seniority list which cannot be resolved informally, the dispute shall be submitted to the grievance procedure. The annual seniority list that is prepared by November 1st of each school year will represent accrued seniority calculated through August 31st the previous contract year. The seniority list prepared in accordance with Article XXII, Section B by the school department as of August 15, 2017 shall be considered the status quo list from which any future adjustments are made.

C. Seniority shall be broken only for:

a. Resignation or retirement;

b. Discharge for cause (performance related);

c. Exceeding an authorized leave of absence;

d. Failure to accept recall within ten (10) days of recall notice;

e. Layoff lasting beyond three (3) years.

D. Seniority will accrue on an annual basis in accordance with all other sections of the collective bargaining agreement, however:

a. Seniority shall not continue to accrue during periods of layoff, furlough, suspension, non-renewal, leaves of absence without pay in excess of 90 days, and disciplinary suspension.

b. Bargaining unit members who exercise their rights under the Federal and State Family Medical Leave Acts will not have their seniority impacted unless they take an approved leave without pay longer than 90 days in excess of the approved FMLA leave in a single school year.

E. Any member who had tenure as a teacher and who accepts a position outside of the Bargaining Unit shall retain his/her bargaining unit seniority, but shall accrue no further seniority while in the non-bargaining unit position. An administrator returned to the Bargaining Unit shall return to his/her former position if he/she has been in the administrative position for up to three years.

F. Seniority shall not accrue for summer work.