Skip To Main Content

Select a School

Madison Metropolitan School District

Employee Handbook 2021-2022

Addendum D: SECTION 3 SURPLUS, LAYOFF AND RECALL

3.1 Reduction in Force

Whenever a reduction in employees is required within the sole judgment of the District, such employees shall be declared “surplus employees” and shall be reassigned or laid off in accordance with the following procedure:

  1. An employee shall be declared surplus in any given department, division or school based upon seniority as defined in Section 12.01 herein. The employee declared surplus shall be the least senior employee within his/her position title at his/her present work location on the shift where the reduction needs to occur.

  2. The least senior employee within the position title, as identified in Subsection A above, may then choose any one of the following options:

    1. Be laid off, if the District is implementing a layoff;

    2. Assume the position held by the least senior employee in the bargaining unit on the same shift in the same classification provided that he/she has more seniority than such employee.

    3. Assume the position held by the least senior employee in the bargaining unit on the same shift and in the same pay range provided that he/she is qualified and has more seniority than such employee.

    4. Assume the position held by the least senior employee in the bargaining unit on the same shift in the closest lower pay range over which he/she has more seniority, provided he/she is qualified.

    5. Assume the position held by either of the least senior employees in the bargaining unit on the two remaining shifts in a classification for which he/she is qualified in a pay range equal to or lower than the pay range in which he/she was declared surplus, provided that he/she has more seniority than such employee.

      Any employee displaced pursuant to the above procedure shall be afforded the options in 3.01B.

  3. In the event that acceptance of one of the options set forth in Section 3.01B 2 or 3.01B above results in a surplus employee being reassigned to a lower pay range, such surplus employee shall be subject to the following:

    1. A surplus employee shall continue to receive the rate of pay that he/she was receiving at the time he/she was declared a surplus employee. If such rate of pay is above the maximum rate for the position to which such surplus employee was reassigned, he/she shall not be able to participate in the annual or negotiated pay adjustments (but shall continue to receive longevity step increases) until his/her red circled rate falls within the established range for the classification to which he/she was reassigned.

    2. Surplus employees shall have the right to return to the position title in which they were declared surplus in order of seniority when subsequent vacancies occur in their last position title. The Employer shall notify such surplus employees individually in writing when subsequent vacancies occur in their last position title prior to the posting of any such vacancies. Such employees must respond within five (5) calendar days from receipt of notice, otherwise this right shall be forfeited. A surplus employee who refuses an offer to return to his/her last position title shall forfeit the right set forth herein. In addition, subsequent to such refusal, the wage rate of such employee shall be adjusted per Section 2.03(2)e above.

    3. A surplus employee who promotes or transfers to another position shall retain all rights under this Section, provided she/he remains at least one pay range below the range she/he previously held.

    4. While reassigned to lower rated position titles, surplus employees shall be ineligible to receive the out of classification pay set forth herein, unless they are assigned to work in a classification which is rated higher than their current red circled rate.

    5. At the time a surplus employee is reassigned, said employee shall notify the District of his/her desire to exercise his/her right under Section 3.01B above. If a surplus employee refuses a position offered by the District under Section3.01B above, or fails to notify the District of his/her desire to transfer, then such employee shall forfeit his/ her right under this section.