1. If it becomes necessary to reduce personnel covered by this Agreement, the School will proceed in the following manner:
1a. The School agrees to inform the Association in writing of such action and the reasons thereof as soon as possible but at least thirty (30) days in advance of such constriction, but in no case later than April 30. The School will seriously consider any recommendations that the Association may make.
1b. Teachers will be laid off according to seniority in an academic field, providing that those who remain have the skill, ability, experience and competence (competence is defined as certification in the subject area or at least 18 credit hours in the subject area or two (2) years of satisfactory teaching at Holy Cross in the subject area) to fill the available teaching positions without training. No affected teacher will be laid off so long as a teacher with less school seniority in any academic field in which the affected teacher has a competency is retained. No non-affected teacher may be assigned to or voluntarily transfer into another department so long as there is a constriction in that department or if the movement would result in a constriction. The School will recall teachers who are laid off up to two (2) years after the date of layoff; provided however, teachers who are laid off and who are subsequently recalled will not accrue increments subject only to the provisions of Section 5 of Article XI of this Agreement.
1c. department cannot constrict a teacher unless there are three or more sections dropped.
2. Any teacher displaced pursuant to the terms of this Article will no longer have any rights under this contract; however, if there is a vacant position within the next two (2) school years, said teacher will be offered said position provided he/she has the competency as defined above to fill such available position.
3. The School will have the right to use religious as teachers, administrators, or in any other capacity that the school desires, subject to the provisions of Article IV and any other Article which may apply.
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