Bumping and Displacement Clause Samples
The Bumping and Displacement clause outlines the procedures and rights related to employee job assignments when workforce reductions or reassignments occur. Typically, this clause allows employees with greater seniority, whose positions are being eliminated, to "bump" less senior employees from their roles, thereby displacing them and assuming their positions. For example, if a senior employee's job is cut, they may have the right to take over a junior employee's job for which they are qualified. The core function of this clause is to protect employees with longer service from involuntary job loss, ensuring a fair and transparent process during organizational restructuring or layoffs.
Bumping and Displacement. Employees who have at least two (2) years of City seniority shall have the right to displace a less senior employee in a classification (job title) or bump into a previously held classification within the same or lower pay grade(s) or into previously held classifications. When titles are consolidated or eliminated, the parties will identify displacement or bumping rights for employees who previously held the title. Such identification will be congruent with the requirements of the paragraph below, if they are “qualified to perform the required work” as determined by the Employer. Said employee shall have the right to bump the employee of lesser City seniority who was last certified to progressively lower paid classifications previously held permanently (i.e., one in which the probationary period was satisfactorily completed) by the laid off employee and in which job performance was deemed by the Employer to be satisfactory. If the employee is unable to bump into the most recent classification previously held, their bumping rights shall continue until either the employee is placed in a previously held classification, or a determination has been made that there is no employee of lesser City seniority who was last certified to a previously held classification, and the employee shall be laid off. In all cases, however, the bumping employee must meet the current minimum qualifications of the claimed position and must be qualified to perform the required work. Employees shall be notified if the position they are being bumped into is represented by a different exclusive representative, or is unrepresented, before accepting the new position. If the position is represented, they will be told how their classification seniority will be treated under the union contract representing the position to which they are returning. Employees, whose job titles use secondary titles, may displace an employee with lesser City seniority who is at the same grade level, if they are qualified, as determined by the employer to perform the duties and responsibilities of the position. The Employer shall consider past assignments as well as previously held titles in determining the qualifications of the employee.
Bumping and Displacement. Full-time employees who are laid off shall have their names placed on a layoff list for their classification. Such employees shall have the right to displace (bump) an employee of lesser City seniority who was last hired to the next lower civil service grade in the job series. “Job series” shall include all positions whose primary duties include 9-1-1 public safety communications and the classified supervisors of such positions. If the laid off employee cannot properly displace any employee in the position having the next lower civil service grade in the job series, such laid off employee shall have the right to displace (bump) an employee of lesser classification seniority in positions having progressively lower civil service grades in the job series. An employee laid off from a position in the classified service may bump into a position regardless of whether he/she previously served in the position into which he/she is bumping provided, however, that the bumping employee meets the current minimum qualifications of the claimed position and is qualified to perform the required duties of the position. In all cases, the person subject to being bumped is the employee having the least City seniority in the civil service grade into which the person exercising bumping rights is moving.
Bumping and Displacement. A classified employee who receives a Lay Off notice may choose:
Option 1) to displace down or laterally across into any position within the employee’s “Class” (see Job Family Class Lists identified in Appendix H to this Agreement) to a position held by an employee with less seniority; or
Option 2) to bump down or laterally across into a position the employee has previously held within the District provided the person within that position has less seniority.
4.5.1 The employee must exercise their option within 7 calendar days of receiving the layoff notice. Failure to timely exercise an option shall result in being laid off instead of bumping of bumping or displacing into another position. The choice of option or failing to timely exercise an option shall be final.
4.5.2 An employee who elects not to bump or displace shall not have his/her unemployment application challenged as a result of failing to choose an option.
4.5.3 An employee may only displace down or across laterally to a position for which he/she is qualified. An employee may not displace into a position that requires a special license or certifications unless the employee holds the required license or certifications.