REDUCTION IN FORCE (RIF) PROCEDURE ARTICLE 7.7 for the Oak Harbor Education Association November 2011

WHEN IS THE RIF PROCESS USED?  If there is an elimination of a position/reduction in FTE, the transfer/reassignment procedure is utilized. See Article 4.9. (see caveat below)  Reduction in Force only occurs if an employee actually loses his/her job as a result of a reduction. (insert caveat here)

WHEN CAN A RIF HAPPEN?  A RIF can only happen when it is necessary for economic reasons to reduce the number of certificated employees.  The District must meet and confer with the Association regarding the RIF and to consider other cost cutting options.

PROCESS: SENIORITY LIST  By April 1: District prepares and distributes list including:  Certification(s) and endorsements  Seniority  Number of credits beyond BA (submitted prior to Oct. 1)  Employee must dispute within 5 working days if there is an error on the list, otherwise it is considered final and binding even if there are mistakes therein.

 State law requires that certificated employees be notified in writing by May 15 th if the District intends to RIF (or non-renew).  Contract requires staff reductions to be presented to the School Board prior to May 15 th.  If you receive a RIF notice you are entitled to two(2) emergency days in which to look for a job.

 An employee is qualified for any position for which s/he possesses a certificate, license, and/or endorsement required for the position.  If there are vacant positions, all staff who are in positions scheduled to be eliminated will be placed based upon certification, endorsement, and/or license.  If all are placed somewhere, there is no RIF.

PROCESS: ORDER OF RETENTION If there are more qualified employees than available positions:  #1: Most Senior  #2: Education Credits Beyond BA (submitted prior to October 1)  #3: Drawing By Lot

 Employees in the employment pool must be recalled first (before outside hiring) when positions become available.  The most senior, qualified employee in the employment pool will be recalled first.  Employees in the employment pool will receive first priority as substitutes.

EMPLOYMENT POOL: PROCESS  All Riffed employees are placed in an employment pool for up to one year. One additional year can be requested by May 15 th.  If a vacancy occurs, employee must be notified by certified mail/personal delivery at the employee’s last known address. calendar  Employees have 5 calendar days from receipt or 10 days from mailing (whichever is shorter) to accept.  If employee fails to accept and the “full time/part time” exception doesn’t apply, the individual will be dropped from the employment pool.

WHAT ABOUT FULL TIME/PART TIME?  If an employee had a full-time contract, s/he is not obligated to take a part-time position.  S/he won’t lose spot in re-employment pool.  S/he can opt, however, to accept a part- time position. This will not impact right to a full-time placement

WHAT ABOUT FULL TIME/PART TIME?  If an employee had a part-time contract, s/he is obligated to take a part-time position if it is offered.  The District is not required to offer available full time employment to more senior part timers or to “upgrade” part time entitlements.  Part timers are recalled to part time positions over less senior full-time employees.