Apr 9, 2007 3:22 PM
A. Retention
Part-time employees shall have the right to continue working in the member union programs where they have worked, and member unions shall have the right to continue to employ staff familiar with their programs, to the extent possible.
B. Changed Circumstances
Should changed circumstances reduce the work available in any semester in a particular program, the least senior part-time teacher, or paraprofessional (as applicable) in the particular program shall be placed in a CWE vacancy for which he or she is qualified. If there is no such vacancy, Section D (Layoff) shall apply. Employees may apply for a leave without pay of up to one (1) year in lieu of accepting a position in a different program.
C. Additional Hours
1. Additional hours of work shall be offered first to qualified part-time employees who need them to maintain their hours; second to qualified part-time employees on recall lists; and third to the senior qualified part-time employees who wish to increase their total hours. Thereafter the hours may be offered to new employees. Part-time employees may not work more than eighteen (18) hours per week.
2. Notices of job openings will be faxed by CWE to each Program and to the person designated by the CWE/UFT Chapter Leader to receive the postings on behalf of the Chapter, at least two (2) weeks prior to the closing date for applications.
Programs will have the option to post and/or mail the notices to employees working in the Program. Such posting and/or mailing shall be done promptly so that reasonable notice is received. Posting shall be done at the work site either directly to the employee or at a place easily accessible to employees. The Chapter shall be notified of the specific location of the postings and any change of location.
The Employer will mail the same notices of job openings to all employees on recall lists.
The Employer will supplement the required postings with a telephone hotline, which will contain the information regarding job openings. The message on the telephone hotline shall be up-dated at least weekly.
3. Employees who wish to apply for posted positions will notify the CWE Education Director. The senior qualified person from the pool of applicants will be chosen, provided that the choice is consistent with the provisions of paragraph 1 of this Section C.
4. In determining the qualifications of part-time applicants to be considered for additional hours (other than those maintaining their hours or being recalled) recognition shall be given to the applicant's familiarity (if any) with the particular program; to the parties' commitment to affirmative action (where appropriate and permitted by law); to the applicable Certified List; to other credentials presented by the applicant; and to the Employer's commitment to the promotion of paraprofessionals to teaching positions.
5. The hours of an employee who is granted a leave of absence for a term, cycle, semester, course of instruction and/or portion thereof of at least sixty (60) hours shall be posted and offered to employees on a seniority basis as set forth in Article 8C. The posting shall identify the position as that of the employee on leave, and the employee selected to fill the position will not acquire any right to maintain, or be recalled to, those hours when the leave ends.
However, a substitute who is selected and within one (1) year thereafter is newly hired as a regular employee, will be treated as if he/she commenced employment at the start of such long-term (i.e. 60 hours or more) substitute service.
D. Layoff
Should it be necessary to lay off an employee, the Personnel Advisory Committee shall designate the least senior teacher or paraprofessional on the applicable Certified List to be laid off provided the remaining employees have the ability to do the work required. However, bumping seniority rights shall not apply in any on-going instructional course that is at least seventy-five percent complete as to its length of cycle or course time. Part-time employees are laid off before full-time employees.
E. Recall
Recall to openings for which they are qualified will be offered to employees who are laid off, in order of their seniority. Employees on recall lists have priority for job openings for which they are qualified over any other employee, or new hire, except an employee seeking to maintain hours at the preceding year's level.
F. New CWE Member Unions
Teachers and paraprofessionals employed by a member union prior to its affiliation with CWE may continue to be employed in CWE programs of that member union during its first year of affiliation, notwithstanding any conflicting provisions of this Agreement.
G. Full-Time Positions
The procedures set forth in this Article including those related to obtaining additional hours, may not be used to achieve full-time status. Full-time positions are separately established and filled as set forth in Article 9.
H. Substitute Coverage
The Employer shall establish lists of employees by Title who wish to cover the positions of absent employees on a short-term (i.e. less than 60 hours) basis. The lists will be up-dated as often as feasible, but at least every six months.
There shall be a separate list of Paraprofessional employees who wish to substitute for absent Teachers.
Assignment to short-term teacher substitute coverage shall be made in the following order of priority: (1) Teacher employees (2) Paraprofessional employees (3) Non-employees.
Every effort shall be made to distribute available short-term substitute coverage fairly among those on the respective lists.
A Paraprofessional who substitutes for an absent Teacher pursuant to this procedure shall be paid at the Teacher pay rate