Disciplinary Meetings &
Non-Renewal Questions
If you have been called to a meeting by an administrator (building or SAU level) and it's disciplinary in nature,
you are entitled to have a representative present. If you're unsure who your building rep is, you can find the list here.
You can simply say "I invoke my Weingarten Rights" which means:
“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working condition, I respectfully request that my union representative be present at the meeting. Until representation arrives, I choose not to participate in this discussion.”
For more information about Weingarten Rights, click here
If you are not sure if the meeting is disciplinary, ASK.
If the meeting takes an unexpected turn, you have the right to pause the meeting and request representation.
If after reading through the information contained here, you have ANY questions regarding your non-renewal,
please feel free to contact Beth Talbott or Kellie Annicelli.
Frequently Asked Questions After Being Non-Renewed:
For Teachers With Less Than 5 Consecutive Years of Experience:
Should I resign or not if I have been non-renewed?
If you believe you will ever want to be employed again as a teacher, most experts recommend that you resign rather than leave the "Non-Renewed" label on your record to improve your future employment prospects. Often, a teacher resigns in lieu of non-renewal, and then tells a potential employer that it wasn't a good fit in the last district. In this way the teacher's competence and ability is never brought into question. If a teacher is non-renewed that teacher's competence is squarely called into question and a prospective employer will want to know caused the firing (which is essentially what non-renewal is).
What about unemployment?
The basic question, do I resign or accept the non-renewal is always an individual choice. People who resign do risk losing rights to unemployment. However, a resignation in light of a non-renewal is still eligible for unemployment consideration. If someone considers resignation, have it conditioned on the employer not objecting to the unemployment application. While no one wants to be non-renewed, it is fairly common these days in light of staff reductions and simply does not have the connotation it did years ago. However, this must still be an individual’s choice.
Another resource for anyone in the position is our Uniserve Director, Lori Hayes. You are highly encouraged, should you find yourself in this situation to email her at lhayes@nhnea.org.
Who can I contact?
Contact your local union representative.
The CBA articulates procedures that must be followed if bargaining unit positions are eliminated. It is important for you to read your collective bargaining agreement and then meet with your local union representative to ensure that the steps articulated in the bargaining agreement were followed properly. Your union representative or union president can assist you to ensure you understand your contract and the provisions it contains that relate to your current situation (recall rights for example).
A word of caution — if you are unsure about whether or not to sign any district documents related to being laid off, share the documents with your representative and solicit his or her explanation and advice before signing them.
Links to Helpful Information:
RSA 198:14a NH State Regulation: Failure to be Renominated or Reelected
NEA-NH Handbook for Laid-Off School Employees
(need to be registered to access)
NH Department of Employment Security
From the Collective Bargaining Agreement:
ARTICLE 6 - REDUCTION IN FORCE
A. In the event the Salem School Board decides it is necessary to reduce the number of teachers due to reasons of economy, declining enrollment, program elimination or reduction, or the consolidation or elimination of positions or programs, such reductions in force will be made in accordance with the following:
B. When the Salem School Board determines that a reduction in force is necessary, the Superintendent of Schools shall notify the teachers in the specific classifications within which it is necessary to reduce or eliminate positions. For purposes of reduction in force, all teachers will be classified according to their present assignment.
C. The decision to implement a reduction in force in a classification shall be made at the sole discretion of the Salem School Board. The Board expects to retain those teachers in a classification who, at the discretion of the Superintendent of Schools, will be the best teachers for the school district and the students it serves. The following indicators will serve to determine the best teachers: certification, highly qualified status (if applicable), degree attainment, performance (including, but not limited to, performance appraisals), and seniority.
D. For the purpose of this Article, the term teacher shall include all teachers continuously employed for 50% or more of the normal school day for 186 contract days. The “continuously employed” provision is not interrupted by school board approved leaves of absence.
E. If the Superintendent determines all other factors are equal, then seniority will prevail in making the final determination. Seniority is defined as the total number of years continuously employed. When a final determination has been made as to the reduction of the work force and as early as is possible, the Superintendent of Schools shall communicate that decision to the staff members.
F. Teachers who have been terminated from a classification because of reduction in force shall be called back to the classification in reverse order of their termination, if certified and qualified for the opening. There is a two-year limit on recall rights. A teacher who wishes to remain on the recall list for the second year shall notify the Superintendent of Schools by certified mail on or before March 1 during the first year of termination. Teachers being recalled shall retain all previously earned seniority and accrued leave. If the teacher has been compensated as indicated in Article 8.C then no sick leave shall be carried forward.
G. Any transfer, assignments, or re-assignments resulting from or involved with a reduction in staff will be made at the sole discretion of the Superintendent of Schools.
ARTICLE 8 - SICK LEAVE
C. Teacher Terminal Leave
After fifteen (15) years of service within the district and upon retirement or death, the teacher or the heir(s) will receive 75% of accumulated sick leave at the individual's per diem rate to the maximum of $5,000.
Regardless of experience, if a teacher contract is non-renewed because of a decline in enrollment, they shall be entitled to the termination pay under this provision on or about October 10th following the termination date of the individual contract and
providing the individual has not been re-employed as a full-time teacher within the Salem School District.