A.  It may be necessary to reduce teaching personnel due to a reduction in student enrollment, dropping or changing courses by students or for other good reason.

    1.  Such notification shall ordinarily be given by May 15.
    2.  However, constriction may occur at a later date as conditions warrant.
    3.  Under no circumstances shall the Schools delay notification of any intended constriction.

B.  All transfers and lay-offs shall conform to the provisions of the contract unless otherwise mutually agreed to by the Union and the Schools.

C.  In the event of a reduction in force which involves only non-tenured employees, credentials, evaluations, and evidence of ongoing formal education shall be utilized to determine who shall be laid off.  All things being equal, seniority shall prevail.

D.  The seniority of tenured employees is determined by the following criteria, in the order of priority:
    1.  First day of work;
    2.  Academic credentials (graduate credits);
    3.  Certification;
    4.  Evaluations;
    5.  Date of hire; (contract signing date).

E.  In the event of a reduction in force which involves tenured employees, those who are senior under school seniority and qualified shall be retained in the available positions.  Senior employees who are not qualified shall be dismissed.

F.  A dismissal of a tenured employee based upon lack of qualification for available positions may be appealed in accordance with the Grievance Procedure.  A dismissal based upon lack of seniority is not subject to appeal (although disputes over who is senior are).

G.  No new teacher will be hired to fill vacancies until a constricted tenured teacher has been placed.  If a constricted tenured teacher has not been placed by July 15th, that teacher will be assigned by the superintendent, provided there is within the Schools a non-tenured teacher holding a position for which the constricted tenured teacher is qualified.

H.  In the event that the school where the reduction took place subsequently has a position available for which a displaced tenured employee is qualified, he/she shall be offered the employment.  If two (2) or more qualified displaced employees apply for the position, seniority at that school shall prevail.

I.  An employee who accepted a position in another school due to a constriction shall be given the opportunity to return to his/her previous school when a position for which he/she is qualified becomes vacant, retaining previously held school seniority, provided that such return shall be permitted only at the beginning of the school year.

J.  All rights under this Article shall cease two (2) years following dismissal due to reduction in force.

K.  If an employee who has taught in the Schools is rehired, he/she shall return with full salary increments and Bargaining Unit Seniority previously acquired provided the employee is rehired within the time period set forth in paragraph J of this Article.  Tenure previously obtained will be restored after one (1) year of satisfactory service.  If health benefits coverage from the prior employer are not available, the employee may enroll in a private plan secured through Diocesan assistance.

L.  A tenured employee has the right to request a voluntary transfer to another school.  In no case shall an employee be discriminated against for requesting such a transfer.

M.  Requests for transfer must be made in writing to the Office of the Superintendent by April 30 of any school year.  Such requests shall include preferred school(s) and subject areas.

N.  A list of all known available openings shall be sent to the Union by the 15th day of May of each year.  Periodic updates shall be given to all displaced tenured employees and the Union as openings occur.

O.  A list of all of the openings and all of the transfers so made including a designation of the schools to which transferred and in what subject areas shall be supplied to the Union by October 1 of each year.

P.  Any tenured employee who has requested and received a transfer for the last school year shall not be entitled to another transfer for the next school year.

Q.  All transfers and lay-offs and the procedures involved shall conform to the provisions of this contract and all appropriate Constriction Guidelines unless mutually agreed to by the Union and the Office of the Superintendent.

R.  The superintendent or his designee shall meet with the Union regarding the application of the procedures in this Article.

S. The provisions of this Article include by reference thereto the provisions of Part IV, page 8 (Employee Portability), of the Settlement Agreement and Release dated October 15, 2001.

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