Boston Archdiocesan Teachers Association
Current Contract - Article XXIX - Reduction in Force

The Corporation retains the right to determine the number of teachers and other professional staff positions which are needed in the school system; and also retains the right to determine the employees to be laid off and/or retained.

Such decisions shall be final and binding except where specifically abridged or modified by this Article and/or by a term of this Agreement.

A. 1. When a school is closed resulting in the layoff of teachers or when, in a particular Central High School, fewer teachers are needed, retention of religious personnel shall be given first preference.

2. In determining the order in which lay teachers shall be laid off within a particular Central High School, the most junior teacher within a discipline in that school shall be laid off first. When seniority is equal, teaching performance will be the criteria in determining the order of layoff.

3. For purposes of this section, disciplines shall be:
Enlish, Music, Social Studies, Home Economics, Science, Industrial Arts, Foreign Lang-French, Foreign Lang-German, Foreign Lang-Spanish, Foreign Lang-Latin, Guidance, Reading, Librarians, Pupil Personnel Services, Business Education, Mathematics, Physical Education, Religion, Art, Computer Service

 The disciplines are subject to change based on the situation in each Central High School. 4. Teachers will be given notice of layoff on or before May 15 and will immediately go on the recall list at that time. However, the principal reserves the right to a later notice of layoff when enrollment declines or for other extraordinary reasons.

B. Seniority shall be defined in terms of the number of years, months and days of consecutive service (exclusive of unpaid approved leaves) as a teacher in the Central High School System as determined by the actual date of service as a professional teaching employee. If a teacher has taught in another discipline within the system within three years from the date of layoff, then that teacher will have seniority in both disciplines. If a teacher has taught in more than one discipline but not within three years, he/she shall have his/her total seniority credited in the discipline he/she is presently teaching. In order to have seniority within a discipline, the teacher must be certified in that discipline. However, teachers teaching in a discipline on a regular basis as of September 1, 1994 who are not certified in that discipline and have taught in that discipline for at least three years (1991 and earlier) will be exempted and will gain seniority in that particular discipline although not certified.

1. A list specifying the seniority of each member of the professional staff within each school and within each discipline shall be prepared by the Corporation and provided to the Association annually no later than December 1 of each school year. Principals have the responsibility to give the building seniority lists to the BATA representative in that building by Dec. 1 of each year; the Principal will post the list as well; and in addition will forward it to the central office.

2. All disagreements involving placement on the seniority list must be filed as grievances within thirty (30) days after the seniority lists have been distributed. Any person failing to grieve within said thirty (30) days shall be deemed to have been properly placed on the seniority list.

 C. Recall: 1. The recall period shall be for a maximum of twenty-eight and one-half (28 1/2) months after the effective date of layoff.

2. During the recall period, teachers who have been laid off shall be given preference on the substitute list if they so desire.

3. When a teaching position becomes available in the Central High School and is to be filled by a lay person, the senior teacher on the recall list who is qualified and certified for said position shall be given absolute preference for said position. only teachers who have taught in the system for more than three (3) consecutive years prior to layoff are entitled to be placed on the recall list. However, a teacher serving in his/her third consecutive year who has not received a non-renewal notice will be placed on the recall list. A principal may rescind a layoff on or before September 15 and rehire the RIF'd teacher from his/her school without using the recall list.

a. Teachers hired or recalled from the recall list to fill-in for someone who is out on a leave of absence shall be returned to the recall list or non-renewed when the specific period of the leave of absence has expired. 4. Teachers on the recall list and the Association shall be notified in writing by the Superintendent's Office of any open lay position in the System for which they are qualified and certified, provided they have left their home address with the Superintendent's Office. 5. The Corporation shall provide to the Association, no later than October 1 each year, an updated recall list. 6. A RIF'd teacher whose position is reduced or if he/she accepts a part-time position, may remain on the recall list but will not be eligible to accept a new position which opens up during the academic school year. 7. Teachers on the recall list who are recalled to a school other than the school from which they were laid off will start anew in earning seniority within that new school for purposes of lay off at the school. However, that teacher will retain and continue to earn his/her overall system-wide seniority for all other purposes other than layoffs within the new school. If a teacher is recalled to a school he/she has taught at previously, the teacher shall be credited with the seniority he/she had accrued at that school upon return to the school. D. Absorption of new schools) into Corporation

In the event a school other than one specified under Article I, Recognition, Section 3, is brought under the Archdiocesan Central High Schools of the Central High Schools Inc., the following procedures shall be applicable to the provisions of Article XI and XXIX.

1. Seniority within the School For the purposes of layoff, seniority shall be determined in terms of the number of years, months, and days of consecutive service (exclusive of unpaid approved leaves) as a teacher in the particular school joining the Corporation as determined by the actual date of service for pay as a professional teaching employee. If a teacher has taught in another discipline within the particular building within three years of the date of layoff, then that teacher will have seniority in both disciplines. If a teacher has taught in more than one discipline but not within three years, total seniority shall be credited in the discipline currently taught by said teacher. A teacher who assumes administrative duties but whose position is still within the bargaining unit will continue to accrue full seniority within his/her discipline. 2. Seniority within corporation Seniority, for the purposes of Section C and E of this Article and for the purposes of Article XI, Section 3, Vacancies and Promotion, as to employees of a newly included school shall be the final day of service for pay at that school, but in any event, no earlier than from the date of actual inclusion of the school to the Archdiocesan Central High Schools of the Central High Schools, Inc. E. Mergers or Consolidations

In the event the Corporation merges or consolidates schools, employees covered by this Agreement and who are affected by such merger, shall retain their seniority rights in the merged or consolidated school, as provided under Sections A and B of this Article. This retention of seniority rights does not apply in the case of school closings and/or in the case of recall of teacher(s) to a school within the Corporation other than the school from which the teacher(s) has been laid off.

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