Some days ago, Dan McGuire commented upon an article of mine thusly: " Later in the article Brandt says, 'The use of seniority to determine layoffs is mandated by state law. Its defenders say it's a fair system in the absence of another means of determining who stays and who gets cut.' I'm not sure which state law Steve is referencing or why state law is being referenced." He makes the further point that reverse order of seniority for layoffs is a requirement of the district contract.
Here's the relevant portion of the Teacher Tenure Act, M.S. 122A.41: Subd. 14. Services terminated by discontinuance or lack of pupils; preference given. (a) A teacher whose services are terminated on account of discontinuance of position or lack of pupils must receive first consideration for other positions in the district for which that teacher is qualified. In the event it becomes necessary to discontinue one or more positions, in making such discontinuance, teachers must be discontinued in any department in the inverse order in which they were employed. The Minneapolis contract relies on seniority for many situations involving the excessing of staff from buildings and transfer among buildings. But it appears to be silent on order of layoffs, given the primacy of state law, and the procedure for recall from layoffs specifically references the state law, to wit: "Teachers who have been discharged because of lack of pupils and discontinuance of position and who retain rights to be recalled according to the Teacher Tenure Act MS ยง122A.41 shall receive first consideration for other positions in the District for which they are qualified." Steve Brandt Star Tribune Who would be laid off in reverse order of seniority REMINDERS: 1. Be civil! Please read the NEW RULES at http://www.e-democracy.org/rules. If you think a member is in violation, contact the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A Civil City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[email protected] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
