Lay-Offs, RIFs, and Pink Slips

Presented by:

LVEAJake 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?

33 Elementary School Teachers 5 Middle School Teachers 8 High School Teachers 4 Counselors

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 (#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 (#2)

RIF Data Form

Fill in the RIF Data Form and get to LVEA 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 LVUSD Board on March 3rd

Primary criteria- By Seniority By Credential

Tie-Breakers include: ELL authorization Supplementary authorizations Extra-curricular activities See attached for full list

What are your rights?

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

Subbing- 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 July 31, 2009.

COBRA benefits- Obama’s Stimulus Package included a

provision to pay for 65% of COBRA premium for 9 months.

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))

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

Las Virgenes Educators Association

O (818) 889-4377

F (828) 879-8335

janderson@cta.org