Common use of Displacement Rights Clause in Contracts

Displacement Rights. An employee whose position is abolished, who is subject to lay off, or who is displaced as a result of lay off/abolishment shall have the right to fill an available vacancy in the same classification or lower classification within the classification series within the layoff district. If there are no current vacant positions in the classification, an employee with more retention points may displace the employee with the fewest retention points in the same classification. If the employee has no right to displace within the classification and there exists lower classifications within a class series, an employee with more retention points may displace the employee with the fewest retention points in the next or subsequently lower classifications within the classification series. If the employee has no right to displace within their current classification or within the classification series, the affected employee may displace an employee with fewer retention points in another classification held by the affected employee within the past two (2) years. Retention points shall be based upon seniority only.

Displacement Rights. An employee whose position is abolished, who is subject to lay off, or who is displaced as a result of lay off/abolishment shall have the right to fill an available vacancy in the same classification or lower classification within the classification series within the layoff district. If there are no current vacant positions in the classification, an employee with more retention points may displace the employee with the fewest retention points in the same classification. If the employee has no right to displace within the classification and there exists lower classifications within a class series, an employee with more retention points may displace the employee with the fewest retention points in the next or subsequently lower classifications within the classification series. If the employee has no right to displace within their current classification or within the classification series, the affected employee may displace an employee with fewer retention points in another classification held by the affected employee within the past two (2) years. Retention points shall be based upon seniority only.