Lay-Offs, RIFs, and Pink Slips Presented by: UACT Jake Anderson.

Lay-Offs, RIFs, and Pink Slips

Presented by:

UACTJake Anderson

Temporary vs. Probationary vs. Permanent

Temporary Bakersfield Decision (2006)

Covering a person on leave On a contract that has a specific end-date Paid out of a categorical program Emergency credential

Interns Probation 0

Probationary Hired by district, but are not listed above

Permanent First day of work in third year (interns?)

Temporary vs. Probation

Temporary At-will employee Did not get pink slip No re-employment rights

Probation and permanent Rest of presentation is about you

What is a RIF?

Reduction in Force (RIF) Education Code 44949, 44955, 87743

Declining enrollment Budgetary Issues Eliminating a particular kind of service (PKS)

Ed Code and Board Policy dictate what the rules are

Association's role is to ensure rules are followed

Seniority

Set on first date of paid probationary service

Who was given notice? Multiple Subject Credential, K-6 Teachers 35 FTE Middle School Math (Authorization through 9th grade) 7 FTE Middle School Social Studies (Authorization through 9th grade) 4 FTE Middle School Science (Authorization through 9th grade) 4 FTE Middle School English (Authorization through 9th grade) 7 FTE High School English 12 FTE High School Social Science 3 FTE High School World Languages (Spanish) 4 FTE High School Geo Science 3 FTE High School Biology 3 FTE High School Chemistry 2 FTE Instrumental Music 1 FTE Chorale Music 1 FTE Photography 1 FTE Physical Education 3 FTE Elementary Counselors 5 FTE Secondary Counselors 4 FTE

What happens now?

You get your notice on or before March 15

You have 7 CALENDAR days to notify the district you want a hearing (Page #1)

Once the District has received your request they will give you Notice of Defense paperwork

Use the forms in the packet from CTA.

You must get notice of defense after receipt of “letter of accusation” back to the district in 5 CALENDAR DAYS (Page #2)

RIF Data Form

Fill in the RIF Data Form and get to UACT ASAP-

DO NOT GIVE TO THE DISTRICT

Fill out the info as thoroughly as possible- it will be used to determine the order of the lay-off.

RIF Data Form Continued

#5- Use personal- you may be having confidential conversations

#9- Prob or Perm? #10- Seniority date #11- Seniority list # #14- All places worked #19- Breaks in service #20- Retirements/resignations #22- Cannibalism?

ALERT PAGE

This page is for your attorney to alert him if you know of something specific that the district missed or messed-up.

Tie-Breakers- Adopted by CVUSD Board on Feb 23rd

EL Authorization BCLAD/BCC Other EL Authorization

Number of credentials/authorizations Additional degrees and/or units First date of paid service in CVUSD –

NEW- NOT necessarily seniority date Total certificated teaching experience Random Selection

Skips!?!?!?

EARThS Magnet School Teachers (Teachers who met the criteria expressed in Board Policy 6181.1 and Administrative Regulation 6181.1, including being selected through a competitive selection process and provided extensive training).

Open Classroom Leadership Magnet School Teachers (Teachers who met the criteria expressed in Board Policy 6181.1 and Administrative Regulation 6181.1, including being selected through a competitive selection process and provided extensive training).

Certificated Employees possessing a BCLAD/BCC authorization ELL Teachers on Special Assignment (Hired through a competitive

selection process) Junior Kindergarten Teachers (Hired through a competitive

selection process)

How can they skip? Based on Ed Codes 44955-44957 Supporting case law

Popper v Tamalpais Alexander v Delano Joint Union HS Dist Moreland Teachers Assoc v Kurze

Meet three criteria Specific training needed for program Using the training in a program now Competitive process to get job

What are your rights?

A right to a hearing to determine if your lay-off is appropriate

Subbing Permanents- you get paid

regular rate if you work more than 20 days in a 60-day period.

Permanent Employees 39-month

reemployment list Probationary

Employees 24-month

reemployment list

Benefits?

District-paid health benefits run until September 30, 2010.

Unemployment? Yes

What the #%$ is a reemployment list?

A list of employees showing their seniority and credential

Will be used to determine when/if you are called back to work in the district

You will be contacted if a position opens in the district that you are credentialed for. YOU WILL GET THAT JOB if you accept it.

You can decline the job offered to you with no repercussions for one year (EC 44956 (2)) if you are permanent

I’m at a different place on the seniority list than I was last year!

Tie-breakers changed Years in CVUSD count differently No more “utility player” Name drawing added

People could have gotten more credentials/authorizations

District cleaned-up temp issues

CVUSD Tie Breakers this year Step 1: EL Authorizations Held:

a. BCLAD/BCC (2 points)b. Other EL authorization (1 point)c. No EL authorization (0 points)

Step 2: Number of Clear or Preliminary Credentials or Authorizations Held:

a. Possession of clear of preliminary credential (0 points are given for intern or temporary credentials or authorizations)

b. Additional authorizations (1 point is given for each authorization)

c. More than one credential (1 point is given for each credential)

Step 3: Professional preparation – Degrees and Graduate Units from an Accredited College (No extra points are given for multiple degrees)

BA/BS with less than 45 units beyond the Bachelor’s degree (1 point)BA/BS + 45 units [Column III on Salary Schedule] (2 points)BA/BS + 60 units [Column IV on Salary Schedule] (3 points)MA/MS [Column V on Salary Schedule] (4 points)

CVUSD Tie breakers (cont) Step 4: First date of paid service with the

Conejo Valley Unified School District (as a Certificated or classified employee, excluding service as an exempt employee or as either a day-to-day, long-term or substitute employee).

Step 5: Total certificated experience in a public school, K – 12, with a valid credential. (1 point is given for each year of experience)

Step 6: Final Tie Break by Random selection (Names of employees with tied seniority will be determined and ranked in the order drawn).

Mock 39-month list

Chrissie Hynde- Mult Subject 8/29/04 Bob Marley- Single Subject math 8/29/04 Dave Matthews- Mult Sub; Eng Supp 8/29/04 Madeline Peyroux- Single Sub Eng 8/29/04 Dave King- Mult Subject 8/27/05 Janis Joplin- Mult Subject 8/26/06 Joey Ramone- Single Sub Science 8/28/07 Gordon Sumner- Single Sub Hist; SPED supp 8/30/08

Your Attorney

Will walk you through the process Will argue your case in front of a judge Will be paid for by CTA dues If you are not a member, CTA will not

represent you May not get anything for you other than an

assurance the process has been followed correctly

Mom and Dad?

Conflict of Interest

The attorney assigned to you will also represent the others being let go.

This is a potential conflict of interest and you must sign a waiver stating you understand the situation and waive your rights.

Attorney’s Firm is Hathaway, Perrett, Webster, Powers, Chrisman,

& Gutierrez

I’m last on the list- should I file for a hearing?

It is your call The district could have made a

mistake in identifying people for layoff.

It is your right to do it.

Questions?

Jake Anderson

CTA Staff

Unified Association of Conejo Teachers

O (805) 497-8220

F (805) 497-1458

[email protected]