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[charlot22]

This year our college had to cut teachers. We had to reduce 14 Elementary teachers. Our contract states that they will do so by going from the bottom of the seniority list up. Properly, they did not do this when creating the cuts. Our state however has been issuing a PK-3 Licenses and our HR director decided that he would rather minimize these teachers becasue they are restricted in specifically where they could teach. This resulted in six individuals with much less senoirity being kept. It is understood that yes these men and girls could teach in locations that we could not nonetheless when job assignments have been handed out at least two of those men and women had been placed in jobs that we could teach. Examples 1 was placed in a 1st grade teaching spot and the other was placed in a second grade teaching spot. The HR director has been contacted about this situation and will not meet with these guys and girls who had been RIFed to expalin how it was completed and why they have been effected when people below them on the senoirity list have been not. These people have been asked to by their union president to quit asking the HR director queries considering that he is receiving quite angry with them. The true difficulty we are seeing is that they kept men and ladies with substantially significantly less seniority and then put them into teaching position that the PK-three Licensed people could teach. The PK-three folks are feeling like they have been discriminated against. Do you really really feel that these individuals have a case? I can also give you the contract language of the RIF approach if that is necessary. Any guidance would be tremendously appreciated.

[aodhagan]

Do the contracts expire at the finish of the college year and have to be renewed?Did the school just elect to not renew certain teachers regardless of seniority?I do not see any illegal discrimination simply due to the fact people with a variety of license designations are not a protected class beneath anti discrimination laws. There may possibly be a breach of contract situation or there might not be.You'd have to quote the comprehensive contract. Taking 1 element out of context won't be beneficial.

[teyrnon72]

Sorry I believed I could e mail you but I am adding the information below.?Seniority? refers to the length of the most present period of continuous service in the Elyria City College District for total time and component time (minimum .5) personnel. The seniority begins to run as of the date an employee assumes the duties of his/her position (not necessarily the precise identical as the date scheduled to assume the duties). Continuous service for a offered period implies that the employee has been beneath contract for active service for each and every single employee workday designated on the Board-adopted calendar(s) for that period. Powerful with the 1982-83 contract year authorized leave of absence for not to exceed two consecutive calendar years from the beginning date of the leave for any offered leave and authorized sick leave, assault leave, and personal leave days will be counted each for seniority and continuous service. There is no constructing seniority.

[vemados]

Your post is a bit unclear:Are you acquiring RIFed (Like O-U-T) or merely becoming reassigned to an equal pay job in an further building.You appear to say every single.

[marx]

Sadly the union president is just a little to inviting for the adminstartors and does not wan them to get mad at her. She as explained especially to consider the round and just wait to be referred to as back simply because I am initial on the recall list. But this means I get transferred from my job to another job in yet another building. That is about all I can get from her. I have the feeling that she understands what they did is wrong but she works within my building and goes out of her way to ignore me so I an't request her anymore issues. Not a wonderful deal of service there.

[jen]

There is no discrimination right here (at the really least not illegal discrimination). I concur that, when the panel violated the collective-bargaining agreement with the union, then your union have to certanly be carrying out something. Because that appears to not be taking place, you have to seek the advice of a regional labor attorney to decide what your alternatives derive from the CBA and your individual contract.

[IsaiahWashington]

Administration appears to have created an extremely careless seniority term or you left something out or both.If the RIF is dependant on inverse seniority as a matter of agreement then I entirely neglect to see why a far more senior instructor could be RIF'd ahead of a significantly less senior 1 anytime we are speaing frankly about precisely the same common function course. (For instance could Elem teacher bump an Elem specific ed teacher with less seniority if she was ton officially ceertified to comprehensive Specific ed---vs the speak if I was Special Ed and Elem Ed certified I could bump a significantly less senior particular person on eother group of duties.Personally I think your Time representative has it incorrect and I'd be-all inside the agreement details and a formal complaint like glue.Being first in-line on a recall list is not worth the powder to blow it to hell in my own location--it signifies you are four approaches behind the teacher employed because she could coach wrestling, the teacher who suits somebodies affirmative-action quota, the panel members nephew who just completed w/o employment and the brand new teacher I employed as a reading coach because she'd a reading certification and I may well make that match and exclude other people....My guess may be the moment you step away from college w/o a contract you shed 98% of one's contract rights and influence no true matter what the contract appears to state--chances would be the union arrangement merely claims it really is needed to tackle the requirements of union members and these fulltime or equivalent workers for that reason it Could ignore you.Do not let them ignore you! If you fight like crazy and file a formal complaint you remain initial on recognition record per your post--so you've limited disadvantages to fight difficult,.Hey! Appear I've been places where individuals ascribe skills like chump as it pertains to negotiating rights and agreements and so on--never be regarded a chump!

[Newlin]

WORSE--the way in which your foolish seniority condition says if you allow your self togo out in front of much less senior group, then upon return you get to be the least senior particular person in the entire region--and cannon fodder for your subsequent RIF plus you might SHED any seniorty primarily based positive aspects such as size or quality spend! How stupid can that be....(We did related activities like that with girls who went for a few years to increase a household--and set them back after once again to ground-zero upon return--until PA Supreme Court used otherwise.)

[Britt]

"The private agreements of those individuals are named a limited contract"Implementing the term "limited" to any contract undoubtedly might make me sit-up and take serious notice. It is possible to guess that regardless of the restrictions are, aren't within the workeris favor."and are automatically renewed each year; nevertheless,"Plenty of agreements are "automatically renewed" but have several methods for being terminated or non-renewed. Insurance plans are primary examples."I've been approved by the Board of Education to have an ongoing agreement beginning August 22, 2008, which I'm unsure how that's because I've been RIFed."Nicely, being approved for something does not mean you've something. "Your contract essentially says that the restricted contract is only going to be non-restored on choices in relation to the bargaining unit member's efficiency. "Again, interpreting something out-of situation isn't the easiest way of interpreting something. Stating it "fundamentally states" and then providing your meaning isn't exactly like saying it "states" and then estimating verbatim."Your Marriage contract was a three-year contract that was simply rolled-over without any change for a next year."Therefore there is a union contract and your contract, correct?"They've positioned us on a recall list for 25 weeks and if your work starts up they must provide it to us dependent on our seniority.""Should"?They've already shown that they toss seniority out the screen once already. I would not count on them-not performing it again."Therefore it's totally possible that we will soon be called back for the following school year but again we're being transferred from our present careers and structures when it appears like we should haven't been on the RIF listing within the first place."Another huge difference between what "might" occur, what "is" occurring, and what "should" happen.The only factor that indicates something at this time is what "is" happening.Perhaps you should consider your agreement to a lawyer for evaluation just in case there is indeed a break that you could follow payment for.The only issue you could say for certain is that youare out of the work now.Waiting till the drop (without any motion) to locate out that you are not being rehired means that you shed any stretegic benefit that you may have by pursuing litigation today if litigation is in order.

[Broddy]

The private agreements of those individuals are named a restricted contract and are routinely renewed each year; nevertheless, I've been authorized by the Board of Education to have an ongoing contract beginning August 22, 2008, which I'm unsure how that's because I've been RIFed. Your contract essentially says that the restricted contract is only going to be non-restored on choices in relation to the bargaining unit member's efficiency. Your Marriage contract was a three-year contract that was simply rolled-over without any change for a next year.They have positioned us on a recall list for 25 weeks and if your work starts up they need to provide it to us based on our seniority. Therefore it's totally possible that we will soon be called back for your next school year but again we're being transferred from our present careers and structures when it appears like we must have never been about the RIF listing within the first-place. Thanks again!!