Transfer v. Surplus v. Reduction in Force
(CCEA Express, April 2010 issue)
The message is clear: change is here. The school district, the media, the legislature—all have had the same message—a reduction in force is highly probable. It is appropriate to explain and discuss the differences between transfer, surplus and reduction in force because they are not the same. Significantly, these processes outlined in the Collective Bargaining Agreement (“CBA”), follow just that timeline, first comes transfer, then surplus, and finally, if necessary, reduction in force.
As many of you know, transfer season is upon us. Pursuant to the CBA, transfer occurs during the month of April. Prior to the month of April, CCSD’s Human Resources has been working with principals to determine staffing allocations in order to determine which vacancies are available. Principals have been known to play with these staffing allocations, i.e. may persuade a teacher who plans to retire to submit their paperwork after April, sometimes even after surplus, in order to “save” the position for someone they are interested in hiring. During these times of uncertainty, it is important that the transfer system is protected and staffing allocations are as accurate as possible. If you are aware of any discrepancies, please report them to us. In the past, there have always been more available positions than teachers seeking transfers. This will not be the case this year. There will be fewer positions, especially on the elementary level. It is important to note that only one transfer will be allowed. Thus, if you interview at several schools and accept employment for the first offer and subsequently a better offer comes up, you will not be able to take the second position. One transfer, that’s all.
Surplus, otherwise known as “Involuntary Transfer,” is covered under Article 35-3 of the CBA and occurs due to a decline in enrollment, closing of a school, failure to meet enrollment projections or a change in the student/staff allocation formulas. It is anticipated that there will be a massive surplus this year because the student/staff allocation formula may change. The Nevada Legislature amended Nevada law to allow school districts to increase classroom size in grades 1 through 3 by up to 2 students. That law alone would result in approximately 462 fewer teaching positions if the student/staff allocation is increased by 2 students in grades 1 through 3.
The CBA provides that seniority ranking and licensure on the seniority list will determine the teacher to be surplused. Thus, the teacher with the lowest seniority ranking in the school on the elementary level will be transferred unless someone volunteers. On the secondary level, the determination is made by department with the teacher with the least district-wide seniority being surplused. One of the dramatic changes this surplus period is that it is NOT recommended that you volunteer for surplus. Surplus meetings occur traditionally in mid-May and are done by seniority. It is anticipated that this year, there will be more surplused teachers than there will be positions. For those of you who have participated in surplus before, you know that, based on seniority, you choose an open position for which you are licensed and the list traditionally has been expansive. This year, it may be that even though you have been surplused there will be no open positions for which you are licensed. DON’T PANIC, this does not necessarily mean that you do not have a job.
If at the end of surplus, there are more teachers than positions, reduction in force comes into effect and just because you were surplused from the school does not necessarily mean you will be out of a job because Article 30 applies and district-wide seniority applies. The school district determines which areas will be reduced in force. Your seniority, as well as your area (i.e., licensure) will greatly impact whether you are reduced in force (i.e., layoff). For example, there is a number of vacancies in certain special education areas. Thus, even a new teacher may not be reduced in force because there are senior teachers who may not have that license.
There is a lot of speculation as to what will occur. CCEA is diligently negotiating, and until the process unfolds, it is good to know the process. Knowledge is power, and misinformation is dangerous.