Common use of Layoff Provisions Clause in Contracts

Layoff Provisions. (a) In the event of layoff of bargaining unit employees, the City will designate affected employees as those in the affected job classification in the affected Department or Division, with the least seniority based on the last date of hire. (b) The City will give the Union sufficient advance notice and an opportunity for full discussion prior to the effective date of any layoff. (c) Prior to the layoff of any permanent bargaining unit employee, probationary and temporary employees in bargaining unit positions affected by the layoff as described in subsection (a) will be laid off or terminated, as the case may be. The term probationary, in this Section (c), refers to employees serving new hire probationary periods only. (d) The City will attempt to place affected employees in vacant positions for which they are qualified, or which they may be able to perform with training. A testing process may be required, which may consist of a written test, practical exam and/or interview to determine if an employee is qualified to perform the work, or may be able to perform the work with training. If the City, in the exercise of the rights set forth in this Section, offers an affected employee another position within the City instead of laying off the employee, the employee will have the right to accept or reject the offer. (i) If the bargaining unit employee rejects the offer(s), he shall be considered to have taken voluntary layoff, but shall be eligible for severance pay. (ii) If a full-time employee accepts a lesser-paying position in accordance with the provisions of (d) above, the employee shall have reinstatement rights for two years to the employee’s former position. (e) If the City is unable to offer all affected employees alternative positions in accordance with the above provisions, the affected employee with the least seniority among the group of affected employees shall be laid off. However, a more senior employee who has rejected an offer(s) shall not be able to displace a less senior employee who accepted an offer.

Layoff Provisions. ‌ 7.1 INDEFINITE LAYOFF No less than five (a5) In workdays, but as soon as practicable, prior to any indefinite layoff the event of layoff of bargaining unit employees, Company shall notify the City will designate affected employees as those Chief ▇▇▇▇▇▇▇ and all Employees in the affected job classification classification(s) to be laid off. For the purpose of an indefinite layoff Employees shall be laid off as follows: 7.1.1 Senior Employees in the affected Department or Division, with the least seniority based on the last date of hire. (b) The City will give the Union sufficient advance notice and an opportunity for full discussion prior to the effective date of any layoff. (c) Prior to the classifications who submit a layoff of any permanent bargaining unit employee, probationary and temporary employees in bargaining unit positions affected by the layoff as described in subsection (a) request will be laid off or first. Then probationary Employees in the affected classification shall be terminated, as the case may be. The term probationary, in this Section (c), refers to employees serving new hire probationary periods only. 7.1.2 Employees in the affected classification having the least seniority shall be laid off. An Employee notified of indefinite layoff has three (d3) The City will attempt working days (excluding Saturday and Sunday) from time of notice to place affected employees in vacant positions file a written request to compete for an equal or lower job classification for which they are qualified. Such Employee who would otherwise be laid off, shall, if they have the qualifications to perform work, or if they previously held the classification, shall be allowed to (at the Employee’s option): 7.1.2.1 Displace the least Senior Employee in the next wage classification for which they may be able to perform with training. A testing process may be required, which may consist of a written test, practical exam and/or interview to determine if an employee is are qualified; or 7.1.2.2 Displace the least Senior Employee in any classification they previously held or are qualified to perform work. When a layoff is made, the workEmployees will be laid off on the basis of their seniority. However, if an Employee to be laid off holds a specialized manufacture training, certification, or may be able license that is government/customer required to perform their job and no Senior Employee holds such specialized manufacture training, certification, or license, such Employee will be retained and the work with training. next Senior Employee laid off in their place. 7.2 FURLOUGH (TEMPORARY LAYOFF) If at the City, in the exercise direction of the rights set forth in this Section, offers an affected employee another position within the City instead of laying off the employeegovernment, the employee will have the right Company is required to accept or reject the offer. implement a layoff for a period not exceeding thirty (i30) If the bargaining unit employee rejects the offer(s)workdays, he such layoff shall be considered to have taken voluntary a temporary layoff, but shall be eligible for severance pay. (ii) If a full-time employee accepts a lesser-paying position in accordance with the provisions of (d) above, the employee shall have reinstatement rights for two years to the employee’s former position. (e) If the City is unable to offer all . Employees affected employees alternative positions in accordance with the above provisions, the affected employee with the least seniority among the group of affected employees shall be laid offoff and recalled according to seniority within their classification, shift, and department. However, a more senior employee who has rejected an offer(s) shall Bumping will not be able to displace permitted during a less senior employee who accepted an offertemporary layoff. 7.3 Recall

Layoff Provisions. (a) In the event of layoff of bargaining unit employees, the City will designate affected employees as those in the affected job classification in the affected Department or Division, with the least seniority based on the last date of hire. (b) The City will give the Union sufficient advance notice and an opportunity for full discussion prior to the effective date of any layoff. (c) Prior following provisions shall apply to the layoff of any permanent bargaining unit employee, probationary and temporary employees in under this Agreement. 1. The Employer shall determine the bargaining unit positions in each affected by Nursing Unit to be eliminated or reduced and the number of employees to be laid off. 2. To the extent it is reasonable and practical to do so, the Employer shall minimize its utilization of casual employees in the performance of Bargaining Unit work in the affected Nursing Unit prior to the layoff as described of employees in subsection (a) will the Bargaining Unit assigned to said Nursing Unit. Notwithstanding the above, the Employer and the Association must mutually agree in order to continue to utilize casual employees in the performance of Bargaining Unit work in the following circumstances: a. The Employer may continue to utilize contractual employees, or casuals to substitute for short-term absences of Bargaining Unit members due to sickness, leaves of absence, paid time off, etc. 3. In the layoff of employees in the Bargaining Unit, probationary employees in the affected Nursing Unit shall be laid off or terminated, as prior to the case may be. The term probationary, in this Section (c), refers to employees serving new hire probationary periods only. (d) The City will attempt to place affected layoff of seniority employees in vacant said Unit, provided the seniority employees meet the stated qualifications of the position. Thereafter, affected seniority employees shall be transferred to other positions for which they are qualifiedmeet the stated qualifications, or which they shall be laid off as follows starting with the least senior Bargaining Unit member. a. The employee may be able transferred to perform with training. A testing process may be required, which may consist of a written test, practical exam and/or interview to determine if an employee is qualified to perform the work, or may be able to perform the work with training. If the City, in the exercise vacancy of the rights set forth same status (full-time or part-time) and classification in this Sectionany Division (Community or Clinic) beginning with any vacancy in their current Division, offers an affected provided the employee another position within meets the City instead stated qualifications of laying off the employeeposition. b. If there are no vacancies, the employee will have may replace the right to accept or reject least senior employee with the offersame status and classification in the same Division, provided the employee meets the stated qualifications of the position. (i) c. If there are no less senior employees of the bargaining unit same status and classification in the same Division, the employee rejects may replace the offer(s)least senior employee with the same status and classification in a different Division, he shall be considered to have taken voluntary layoff, but shall be eligible for severance payprovided the employee meets the stated qualifications of the position. (ii) d. If there are no less senior employees with the same status and classification in a different Division, the employee may replace the least senior employee with the same status and lesser classification in the same Division, provided the employee meets the stated qualifications of the position. e. If there are no less senior employees with the same status and classification in the same Division, the employee may replace the least senior employee with the same status and lesser classification in a different Division, provided the employee meets the stated qualifications of the position. f. If there are no less senior employees with the same status and classification, a full-time employee accepts a lessermay replace the least senior part-paying position in accordance with time employee. (The full-time employee would accept the provisions same hours and conditions as the replaced part-time employee.), provided the employee meets the stated qualifications of (d) abovethe position. g. If there are no less senior employees, the employee shall have reinstatement rights for two years to the employee’s former position. (e) If the City is unable to offer all affected employees alternative positions in accordance with the above provisions, the affected employee with the least seniority among the group of affected employees shall be laid off. However, a more senior employee who has rejected an offer(s) shall not be able to displace a less senior employee who accepted an offer.

Layoff Provisions. (a) In the event The order of layoff of bargaining unit employeeswill be determined by the relevant California Ed Code provisions; however, as long as they are not inconsistent with those provisions, the City following procedures will designate affected employees be followed: 20.2.1 The order of layoff within the classification shall be determined by seniority/length of service. Seniority or length of service is defined as those the date of hire in a permanent position in the affected job classification or in a higher classification in which the affected Department employee has worked, whichever date is earlier. If two or Divisionmore employees have equal seniority, with the least seniority determination shall be based on the last date overall years of hireservice in the District; if that time is also equal, the seniority determination shall be made by the District based on the needs of the District. 20.2.2 An employee whose position is eliminated or whose hours are reduced by agreement, or is bumped from his/her present classification (bpursuant to this paragraph) The City will give may bump a less senior/lesser length of service person in a position of greater, equal or less hours within their classification, or if no such position is available may bump into an equal or lower classification which the Union sufficient advance notice employee has worked and has more seniority than an opportunity for full discussion prior to incumbent in the effective date of any layoffequal or lower classification. 20.2.3 An employee may elect layoff in lieu of exercising bumping rights without losing any re-employment rights provided by this section. 20.2.4 A classified employee who has been laid off is eligible for re-employment in the class from which he/she was laid off for up to 39 months and shall be re-employed in preference to new applicants. Re-employment shall be in the reverse order of layoff. An employee on layoff has the right to apply for any promotional position within the 39-month period. 20.2.5 An employee may refuse up to two (c2) Prior re-employment offers made by the District after which he/she shall be dropped from the eligible list. 20.2.6 Length of service status at the time of layoff shall be maintained during the 39-month re-employment period; however, there shall be no accrual of vacation, sick leave, holidays, seniority, or any other benefit. 20.2.7 Effective July 1, 1997, the classification of Paraprofessional II-Bilingual, shall be classified by language groups (see Appendix A). Any Paraprofessional currently classified as Paraprofessional II-Bilingual (as of June 30, 1997) who is laid off because of language needs of the classroom will be offered any vacancy for which he/she meets the minimum qualifications before hiring a new employee for that vacancy. 20.2.8 Effective July 1, 1997, new classifications will be established for Journeyman by trade (see Appendix A). All Journeyman openings subsequent to July 1, 1997, will be filled by hiring of a Journeyman by trade. All Journeymen will be paid at the layoff of any permanent bargaining unit employee, probationary and temporary same pay range. Current employees in bargaining unit positions affected by the layoff as described in subsection (a) Journeyman classification will not be laid off or terminated, as the case may be. The term probationary, in this Section (c), refers to employees serving new hire probationary periods only. (d) The City will attempt to place affected employees in vacant positions for which they are qualified, or which they may be able to perform with training. A testing process may be required, which may consist of a written test, practical exam and/or interview to determine if an employee is qualified to perform the work, or may be able to perform the work with training. If the City, in the exercise of the rights set forth in this Section, offers an affected employee another position within the City instead of laying off the employee, the employee will unless all Journeyman by trade have the right to accept or reject the offer. (i) If the bargaining unit employee rejects the offer(s), he shall be considered to have taken voluntary layoff, but shall be eligible for severance pay. (ii) If a full-time employee accepts a lesser-paying position in accordance with the provisions of (d) above, the employee shall have reinstatement rights for two years to the employee’s former position. (e) If the City is unable to offer all affected employees alternative positions in accordance with the above provisions, the affected employee with the least seniority among the group of affected employees shall be been laid off. However, a more senior employee who has rejected an offer(s) shall not be able to displace a less senior employee who accepted an offer.