Layoff. Layoffs shall be by department and shift (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in the following manner: a. Temporary employees; b. Probationary employees; c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer. 6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 4 contracts
Sources: Employment Agreement, Collective Bargaining Agreement, Union Representation Agreement
Layoff. Layoffs If there are changes of duties in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be by department and shift (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days laid off prior to the impending layofflayoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. Subject An employee shall be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the provisions of Section 6.2 aboveLocal Union President, employees or designee, and to the employee. Employees shall be laid off in a division in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager shall first make every reasonable effort to integrate those employees into another position by transfer or consider alternatives to layoff by the Union. Within individual division, a bargaining unit employee scheduled for layoff may bump the least senior employee at the same or lower salary range occupying a position the employee previously held in the employee’s present department. An employee wishing to bump must exercise his or her right within five (5) calendar days from the date he or she receives his or her layoff notice. To bump to the position, the employee must have completed probation in the position they are bumping to. A bump will only be allowed if the employee is still able to perform the essential functions of the job and part-time employeeshas all the qualifications presented in the job description. In the event an employee does not currently have the relevant certification/license, the employee is still eligible to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) months. An employee who has been displaced due bumps another employee must complete probation in the position. Failure to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for make probation within six (6) months will result in the employee's job group’s termination. In an effort to minimize the disruption to the workforce, provided an employee that is bumped will not have a right to bump and will be laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied to the employees' qualifications, competence and efficiency are considered substantially equal same full- time position in the opinion of the Employer, and provided further that the department. This means a part-time employee who was initially displaced is cannot on the low seniority list. The low seniority list consists of the least senior employees in bump a job group who comprise twenty percent (20%) of the job group. Any full-time employee identified for layoff who is on the low seniority list and under any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employercircumstances.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). a) In the event of a permanent layofflayoff within a job classification in one department, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees probationary Employees within that job classification in one department shall be laid off first without regard to their individual periods of employment. Non-probationary Employees shall be the next to be laid off on the basis of their bargaining unit seniority within the affected job classification within one department.
(b) In the event an Employee is scheduled to be laid off in one department and there exists a vacant position in another department which the Employee has the skill and the ability to perform, bargaining unit seniority within the affected job classification shall prevail in assigning such Employees to be laid off to such vacant jobs. This provision is not intended to circumvent the article on promotions.
(c) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, such employee will be assigned to the position held by the least senior employee in the following manner:same classification and department, provided he/she has the skill and ability, work record and experience to perform the duties of the job. The least senior employee shall be laid off. In the event the employee originally scheduled to be laid off does not wish to exercise his/her rights to bump or take a vacancy which may be available, such employee shall be deemed to be laid off.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An (d) In the event that an employee who has been displaced due is reassigned to either a layoff may accept the layoff vacant position or may displace the position of any held by the least senior employee on within the low seniority list for job classification and department, he/she shall serve an eight (8) week probationary period, during which he/she may be removed from the employee's job group, provided the employees' qualifications, competence position and efficiency are considered substantially equal shall be laid off if his/her performance is not satisfactory in the opinion of Management, but such action will be subject to Article 31 of this Agreement (Grievance Procedure).
(e) A non-probationary Employee shall not be laid off if, at the Employertime of the prospective layoff, and provided further temporary work is available in the classification of the Employees scheduled to be laid off that the employee who was initially displaced Employee is qualified to perform and the Employee accepts the assignment and schedule required of the temporary position. At the time of the layoff, it should be the Employee’s option to accept such assignment or to exercise rights under the layoff and recall provision of this Article.
(f) If the Employee accepts such assignment, the Employee is not on laid off and remains an Employee with recall rights commencing from the low seniority listeffective date of layoff stated in the Notice Letter. The low seniority list consists At the end of the least senior employees temporary assignment, if another temporary assignment, for which the employee is qualified, is not available the Employee will be laid off and receive severance pay equal to the difference between the weeks in a job group who comprise twenty percent (20%) the temporary assignment and the severance pay as outlined under Article 20 of the job groupcollective bargaining agreement, if any. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event that a non-temporary position exists at the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, end of the Employer temporary assignment the above recall procedures shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’sapply. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall This provision will not apply to reallocations probationary employees.
(g) If a regular part-time Employee has greater equivalent seniority than a full-time Employee in the same classification who is to be laid off, the part-time Employee must be willing to accept full-time employment to continue working.
(h) The Employer agrees to give the Employee to be laid off four (4) weeks notice of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsa layoff.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs ▇. ▇▇▇▇▇▇ shall be by department and shift (See Appendix E). In defined as a reduction in the event size of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior work force due to the impending layofflack of work or funds within the College. Subject When it becomes necessary to the provisions of Section 6.2 abovelayoff classified employees within a department, any temporary employees and probationary employees shall be laid off in that order first. Then those full and part- time employees in that department will be laid off in accordance with the seniority list with the least senior employees laid off first, provided always that the remaining employees shall have the qualifications to perform the work of the laid off employees. Student employees in that department may remain employed but are subject to the requirements of Article 24.B.
B. Employees to be laid off will have at least twenty (20) working days’ notice of layoff.
C. An employee shall be reclassified to a position of lower rank and pay only when s/he otherwise would be laid off in the higher rank. The Employer shall not use such reclassification as a disciplinary measure.
D. In the event of a layoff, the College shall continue to pay premiums for insurances as provided in Appendix B, excluding life insurance due to carrier restrictions, for the month in which the layoff occurred and three (3) full months following the layoff.
E. In the event of a layoff, the College shall notify the Union and it will be first subject to a Special Conference.
F. The Employer and Union shall be governed by the following mannerlayoff and bumping procedures:
a. Temporary employees;1. The Employer and Union will cooperatively assist laid-off employees in obtaining information regarding resources available, e.g., unemployment insurance. The parties agree that any disputes about the process shall not hamper or interfere with such cooperative efforts.
b. Probationary employees;2. In exercising "bumping rights," no employee can attain a higher job classification or pay level than she/he held at the time of the layoff notice.
c. Regular 3. If a position becomes available after the initial layoff list has been identified, but before layoffs actually occur, it shall first be offered to employees on the list who hold that pay level. If the position is not filled, it shall then be posted in accordance with the contract.
4. The initial list shall consist of the positions to be eliminated by the College, and that those individuals holding the identified positions shall have the opportunity to exercise bumping rights and shall receive notice of the time, date, and location to do so. The Employer will provide the Local Union President with the number of full-time and part-time employeesemployees to be laid off via seniority lists.
5. An employee who has been displaced due to Part-time employees shall have equated seniority, but they may not bump a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job groupfull-time position.
6. The Local Union’s President, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the EmployerChief ▇▇▇▇▇▇▇, and provided further that the employee who was initially displaced is all campus Stewards shall have "super-seniority" for purposes of layoff and cannot on the low seniority listbe "bumped" by anyone while they hold office. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event of the Employer deems it necessary elimination of a position held by one of these officers, she/he will be considered as having the highest seniority in any Classification into which she/he can exercise bumping.
7. The Local Union President will be given a copy of the list of positions being eliminated and the affected individuals prior to reallocate staffing, reduce FTE’s and/or notice to re-bid shift schedulesthe affected individuals. If time permits, the Employer shall notify the union Union's Executive Board will be invited to a meeting to review this layoff list.
8. Notices to individual employees will be in writing and the employees a minimum of 7 days prior will be mailed to the reindividual's home address on file in the Human Resources Department and this shall constitute official notice as of the date of mailing. Each notice letter will include the time, date and place of a meeting at which an individual can exercise bumping rights.
9. If an affected individual is unable to be present at a bumping meeting, she/he may authorize a member of the Union’s Executive Board to exercise his/her bumping rights. Authorizations must be in writing with a copy for the Union and for the Employer. Individuals must be present at the scheduled bumping meeting, either in person or by proxy; failure to attend shall constitute a waiver of all bumping rights.
10. Individuals who are on short-bid term, long-term disability leave, or reallocation of FTE’s. In the case of an FTE reductionWorkers’ Compensation leave, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bidsmilitary leave shall, bidding shall be limited to the shift and/or department; if necessary, exercise their bumping rights as outlined in Section 6.4, shall not apply upon their return to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidswork.
Appears in 3 contracts
Sources: Classified Master Agreement, Classified Master Agreement, Classified Master Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E)a) The Employer will, whenever practicable, keep layoffs to a minimum. In the event of a permanent layofflayoff occurs, the Employer shall make its best efforts to will notify regular employees involved at least thirty YusApuY, in advance, together with the reason for the decision. The Employer will observe the seniority of Employees in connection with layoff and recall and will follow the guidelines for layoff and recall set out herein.
(30b) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to A grievance concerning a layoff may accept be submitted directly at Step 2 (Article 8 - Complaints/Grievances) no later than ten (10) working days following receipt of the advisory or formal written notice of job closure.
(c) As a direct result of layoff or may displace attrition no Employees will have their regular workload increased beyond a reasonable level.
(d) The Employer will inform an Employee at the commencement of layoff of the available means of accessing job posting information. It will be the responsibility of the Employee to notify the Department of Human Resources and Employee Relations should the Employee wish to be considered as an applicant for a position posted in accordance with Article 12 - Job Posting.
(e) A return date will be identified on a Record of any employee on Employment issued to sessional employees.
(f) An Employee who receives notice of job closure and who currently has a Job Evaluation Questionnaire in either the low seniority list rating or appeals queue, will have their questionnaire moved to the top of the respective queue in order to establish a final rating for the employeeEmployee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion current position prior to choosing one of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights options as outlined in Section 6.4Articles 15.05 and 15.06.
(g) In some instances, shall not apply YusApuY and the Employer may meet with the Employee affected by layoff to reallocations consider advance priority placement prior to receipt of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsformal notice.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff. a. If a reduction in force is necessary, Layoffs shall be by take place within a designated department or job classification in the inverse order of the date of hire into the job classification.
b. The Employer shall simultaneously provide the Union and shift the employee(s) concerned at least two (See Appendix E)2) weeks notice of Layoff. In The Union may request and have scheduled a meeting with the event Vice President of a permanent layoffHuman Resources or his/her designee to discuss possible alternatives; however, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of final discretion rests with the Employer.
6.4.1 Reduction c. When an employee is scheduled for Layoff due to reduction or reorganization in FTE/Reallocation of Staffing/Re-Bids: In the event workforce, prior to any bumping permitted pursuant thereto, the employee shall be considered for transfer into a vacancy if one exists and if determined qualified by the Employer, transferred into said vacancy. Transference into the vacant position carries a ninety (90) day performance based probationary period. During said period, if the Employer deems is not satisfied with the probationary employee’s performance but no earlier than sixty (60) days into the probationary period it necessary will then place such employee on Layoff. An employee thus laid off shall remain entitled to reallocate staffingRecall for the remainder of the Recall period but shall not be entitled to bump again unless recalled and he/she successfully completes the associated probationary period after which he/she is again laid off. Existence of the probationary period satisfies the notice of Layoff requirement. Nothing herein waives or modifies the right of the Employer to terminate an employee for just cause at any time. Discharge during the probationary period is not grievable.
d. When an employee is scheduled for a Layoff due to a reduction or reorganization in the workforce, reduce FTE’s and/or he/she shall be permitted to re-bid shift schedulesexercise his/her seniority rights to replace (bump) an employee with less seniority provided the employee with greater seniority is qualified to perform the work and provision c. above has been followed, if applicable.
i. For purposes of this Agreement “qualifications” shall be determined by the Employer. However, the Employer Union may discuss any questions of “qualifications” with the designee of the Vice President of Human Resources and/or the Labor/Management Committee established under Article VII, Labor/Management Committee, of this Agreement.
ii. Bumping is permitted upward, laterally or downward. Qualifications review of a bumping applicant shall notify begin with the union least senior held position in the classification of the bumping applicant and the employees a minimum of 7 days prior proceed to the re-bid next least senior held position in that classification until an actual bumping is accepted by the Employer, or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.five
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). In the event of a permanent layoff, Should the Employer determine the need to reduce the work force, it shall make its best efforts to notify regular occur as follows:
A. Probationary employees involved at least thirty (30) days prior to in the impending layoff. Subject to the provisions of Section 6.2 above, employees affected Divisions shall be laid off first.
B. If further reductions are necessary, employees will be laid off by classification in reverse order of seniority (least senior to most senior). Employees who are to be laid off may choose to exercise bumping rights using their seniority and qualification as follows:
1. Into any classification within their division in which they can meet minimum qualifications and in which the movement is lateral or a demotion.
2. Employees who are unable to bump anyone within their Division or classification may then bump a less senior employee in another Division or classification which the employee holds the qualifications as outlined in the following manner:job description. In no case shall an employee gain in wages or hours through the bumping process.
a. Temporary employees;3. Employees who are displaced from their work assignment because of a layoff will be allowed to use their seniority to bump for work assignments or as outlined in #1 and #2 above.
b. Probationary employees;4. The Board reserves the right to schedule a “bumping” meeting with the Union and all potentially affected employees to complete this bumping process at a single meeting.
c. Regular full-time and part-time employees. An C. Any employee who has been displaced due bumping rights as set forth above shall have the right to a layoff may either exercise the bump or to accept the layoff or may displace until recalled.
D. The employees who are displaced after the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority listbumping process has been exhausted shall be laid off. The low employee’s seniority list consists shall be frozen for up to three (3) years or the duration of his/her seniority at the least senior employees in time of layoff whichever is less, or until recalled to a job group who comprise twenty percent (20%) of position within the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualificationsbargaining unit, competence and efficiency in the opinion of the Employerwhich ever comes first.
6.4.1 Reduction in FTE/Reallocation E. Employees to be laid off for an indefinite period of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.time will have at least ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs 1. If the County must reduce the number of employees within a classification or within the Department, the employee with the least amount of bargaining unit seniority shall be by department and shift (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending selected for layoff. Subject The employee so selected shall have the right to the provisions bump a less senior bargaining unit employee in an equal or lower classification of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job groupchoosing in the Department, provided such employee has more seniority than the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employeremployee being bumped, and provided further that such employee meets the same minimum qualifications as would be expected of anyone obtaining the job through the normal job posting procedure.
2. An employee who is bumped in accordance with Paragraph 1 above shall be afforded the same bumping rights provided in paragraph 1 above, but if such employee is unable to bump any other employee, such employee shall be placed on layoff.
3. Where two (2) or more employees have the right to bump, the above bumping rights shall be exercised by such employees in order of their bargaining unit seniority from most senior to least senior.
4. An employee bumping into a different position shall serve the normal probationary period for that position. An employee who proves unable to perform the work in the probationary period shall not be allowed to again exercise bumping rights, but shall be placed on layoff. During such probationary period, an employee may voluntarily choose to be placed on layoff, but shall not be allowed to again exercise bumping rights resulting from that layoff.
5. An employee who is bumped out of his/her position shall have the preferential right to return to such position if, for any reason, it should become vacant within sixty (60) days from the time the employee who was initially displaced is not on the low seniority listbumped from it.
6. The low seniority list consists of the least senior employees Employees laid off in a job group who comprise twenty percent reduction of force shall have their seniority status continue for a period equal to their se- niority at the time of layoff, but in no case shall this period be less than three (20%3) of years. While any employees hold layoff seniority status, they shall be given the oppor- tunity to be recalled and placed in vacant jobs by using the job groupposting procedure. Any employee identified for layoff who is on the low Laid off employees holding seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position status shall be sent copies of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: all job postings as they occur. In the event an employee declines to return to work when recalled under this section, such employee shall forfeit all accumulated seniority rights. It is the Employer deems it necessary responsibility of laid-off employees to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, promptly inform the Employer shall notify the union and the employees a minimum Personnel Department of 7 days prior to the re-bid or reallocation any change of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsmailing address.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 13.1 The District agrees it will negotiate the effects of layoff upon request from the Union. A layoff is defined as the termination or reduction of an employee's regular work assignment or reassignment to a lower classification or lower rate of pay due to lack of work or lack of funds.
13.2 Displacement (bumping) Rights are rights of an employee facing layoff to displace another employee with less seniority in any classification in which the affected employee holds seniority.
13.3 Layoffs occur in reverse order of seniority by classification. Any employee subject to layoff has the right to replace the least senior person in any classification in which the employee has seniority, who is working the same number of months, days, and hours. However, the employee also has the right to replace an employee working fewer months, days, and hours, but must replace the least senior person in that category.
1. Upon layoff, an employee shall have thirty-nine (39) months rights to rehire.
2. Employees who have received a lay-off notice have the right to bump into the total hours they currently hold in any position(s) in which they have job rights and in which the hours of duty do not conflict.
3. Individual positions shall not be divided to accommodate bumping.
4. Employees with less than four (4) hours total in a work day shall have the right to decline or defer “bumping rights” and shall have at the employee’s discretion the option to be placed in layoff status, with full unemployment benefits, bumping, and rehire privileges.
5. Employees shall cash-out any and all vacation or compensatory time on the books at the time of a total layoff. Sick leave balances shall be by department and shift (See Appendix E)maintained on the books for 39 months.
6. In Prior to the event of a permanent layoffDistrict posting any job for public viewing, the Employer ▇▇▇▇▇ Unified School District shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off position available in the following mannerexact order shown below:
a. Temporary employees;Employees currently working in position of employment/job posting who received a total or partial layoff, shall have the right to regain up to but not more than the hours they lost in the layoff.
b. Probationary employees;Employees on total or partial layoff status that have rights in the job class posted shall be entitled to rehire.
c. Regular full-time and part-time employees. An employee who has been displaced due to a Any bargaining unit member that is on layoff may accept the layoff or may displace the position status shall be notified by mail of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal vacancies in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the EmployerDistrict as they become open.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs (a) If a reduction in force is necessary, layoffs shall take place in the inverse order of the date of hire into the Sergeant’s job classification.
(b) NJIT shall simultaneously provide the SOA and the Sergeant(s) concerned a two (2) week notice of layoff. SOA may request and have scheduled a meeting with the Manager of Labor Relations to discuss possible alternatives; however, the final discretion rests with NJIT.
(c) When a Sergeant is scheduled for a layoff due to reduction or reorganization in the workforce, he/she shall be permitted, to the extent permitted by department law, to exercise his/her seniority rights to replace (bump) a Sergeant or other commissioned police officer with less seniority provided the Sergeant with greater seniority is qualified in all respects to perform the work of the bumped officer.
(i) For the purpose of this Agreement “qualifications” shall be determined by NJIT. However, the SOA may discuss any questions of “qualifications” with the Manager of Labor Relations through the labor management committee established under Article VI, Labor/Management Committee, of this Agreement.
(ii) A Sergeant with no previous commissioned police officer experience at NJIT, who successfully exercises his/her bumping privileges into a commissioned police officer position, shall serve a ninety (90) day performance based probationary period. During said period, if NJIT is not satisfied with the Sergeant’s performance, but not earlier than sixty (60) days into the probationary period, it will then place such Sergeant on layoff. A Sergeant thus laid off shall remain entitled to recall for the remainder of the recall period but shall not be entitled to bump again unless recalled and shift he/she successfully completes the associated probationary period after which he/she is again laid off. Existence of the probationary period satisfies the notice of layoff requirement. Nothing herein waives or modifies the right of NJIT to terminate a Sergeant for just cause at any time. Discharge during the probationary period is not grievable.
(See Appendix E). In iii) Salary Range and Step placement for a Sergeant, successfully exercising the event of a permanent contractually authorized bumping privilege, shall be as follows:
(1) The Sergeant shall be placed at the same or nearest higher step on the commissioned police office salary range from that step occupied prior to layoff, if available in the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to range. If not available within the impending layoff. Subject to range, then the provisions of Section 6.2 above, employees Sergeant shall be laid off in placed at the following manner:closest step available within the appropriate range.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time (d) The parties hereto commit to work together toward minimization of departmental, university and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion bargaining unit disruption caused by implementation of the Employer, contractually authorized layoff and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerbumping scheme.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs No layoff or permanent reduction in hours shall be by department and shift implemented without:
1. Notifying the Union seven (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (307) days prior in advance. Such notice shall indicate the job classifications, number of hours, and employees who will be affected by the reduction in staff.
2. The Union may request a meeting for the purpose of avoiding or mitigating said layoff and discussion of the procedures to be followed. Any such meeting shall be held within four (4) days of the impending notice of layoff.
3. Subject Probationary and temporary employees within the affected job classification shall be laid off or have their hours reduced first, without regard to the provisions their individual periods of Section 6.2 above, employment. Non-probationary employees shall be laid off or have their hours reduced next in reverse order of their seniority. No more senior employee shall have his or her hours reduced as long as there is a less senior employee working hours in the same job classification on the same shift. Low Census and Over Budget Situations. During temporary periods of low census; i.e., sudden drops in census, or at any other time when the Employer is staffed in excess of its budgeted hours for that shift, the Employer may reduce hours on a temporary basis without regard to the notification and meeting requirements as outlined in Sections C(1) and C(2) in this Article. If this becomes necessary, the Employer shall first ask for volunteers who wish to reduce their hours on a temporary basis. If there are multiple volunteers, then the Employer will accept volunteers in rotating seniority order, starting with the most senior employee on the shift. Employees who volunteer shall have the option of using vacation, if available, or taking unpaid time. Employees may volunteer to give up whole or partial shifts. If there are no volunteers, the Employer may cancel employees’ shifts or reduce hours, pursuant to the following mannerrules:
a. Temporary employees;The Employer may eliminate full shifts. The Employer also may shorten the length of the work shift of one or more employees per department, per shift.
b. Probationary employees;If the Employer is going to cancel a full shift, it will cancel shifts in rotating seniority order, starting the rotation with the least senior employee working the shift and progressing to the most senior employee on that shift.
c. Regular full-time and part-time employeesNo employee shall lose more than fifteen (15) hours per calendar month due to involuntary shift cancellations or reductions. An employee who has been displaced If it becomes necessary to reduce hours due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence census situation and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedulesduty has already lost fifteen (15) hours during that calendar month, the Employer shall skip that employee and move on to the next least senior employee on duty.
d. An employee who is not notified that his or her shift has been cancelled or reduced to less than three (3) hours until he or she arrives at work will be paid for no less than three (3) hours of work at his or her regular rate of pay. Such minimum guarantee shall not apply if the Employer makes a reasonable effort to notify the union and the employees a minimum of 7 days employee at least two (2) hours prior to the re-bid or reallocation of FTE’sscheduled starting time that the employee is scheduled to report to work. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority It shall be the determining factor for reallocation employee’s responsibility to keep a current telephone number on file with the Employer. Failure by the employee to do so shall exempt the Employer from such notification requirement and from the above minimum guarantee. Reasonable effort shall be defined as an Employer telephone call to the telephone number provided by the employee and either leaving a message with the person who answers the telephone or leaving a message on the employee’s answering machine.
e. 1. In a low census situation lasting one (1) month or less, employees do not have bumping rights in cases of staffing and re-bidseither hour reductions or shift eliminations.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). In Where the event Board has made a decision to reduce the complement of a permanent layoffthe Service, the Employer following system of lay-off and, if subsequently required, termination shall make its best efforts to notify regular employees involved at least thirty (30) days apply:
24.01 The Board will first lay off summer students and temporary members prior to the impending layofflay-off of part-time or full-time staff. Subject to the provisions Board having qualified personnel on staff to perform the required work, lay-off of Section 6.2 aboveprobationary, employees part-time and full-time members shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular based on seniority. Non-probationary full-time and part-time employeesmembers shall receive sixty calendar days' notice prior to the effective date of lay-off or payment in lieu thereof. An employee who Probationary members, temporary members and summer students shall receive thirty days' notice prior to the effective date of lay-off or payment in lieu thereof. Copies of all notices of lay-off and recall shall be provided by the Board to the Association at the same time as notices are provided to the affected member(s).
24.02 In selecting members for lay-off, the positions to be eliminated will be identified and a member in one of those positions will be given the opportunity to exercise his/her seniority provided the member has, or attains within the notice period, the qualifications to perform the duties of the new position.
24.03 Members shall be recalled in reverse order of lay-off except where the senior laid off member does not have the qualifications to perform the available work. No new employees shall be hired while any member with recall rights has not been displaced due provided with recall opportunity, unless the available members do not have the qualifications to perform the available work.
(a) A member selected for recall shall be informed of such by written notice. This notice shall be considered received by the member when mailed Registered Mail, to the last known address of the member as shown on the record of the Service. It shall be the responsibility of each member on lay-off to keep the Service advised of his/her current address. Within ten calendar days after a member receives notice he/she must advise the Service in writing that he/she accepts such recall and will be able to commence employment on the date specified in the notice. Any and all re-employment/recall rights granted to a layoff may accept member shall terminate upon such member's failure to reply within 10 days of receipt of the layoff notice or may displace if the position member does not agree to return to duty within 14 days of any employee receipt of the notice or within 14 days of the recall date specified on the low seniority list notice whichever is later.
(b) A member on lay-off shall retain his/her right to recall after a lay off for a period of two years commencing with the employee's job groupeffective date of the lay-off, provided the employees' qualifications, competence and efficiency are considered substantially equal member has not been found guilty of an act of misconduct resulting in the opinion member's dismissal from the Service.
(c) During the period of lay-off a member on lay-off shall not be entitled to any of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists provisions of the least senior employees Agreement except the right to recall as provided in a job group who comprise twenty percent (20%) this Article.
24.05 For the purposes of the job group. Any employee identified for layoff who is on the low seniority list above lay-off and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.recall provision,
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff. Layoffs The University shall, with a copy to the Union, identify the positions to be abolished and the employee(s) to be effected and shall be by department and shift notify employees in these positions not less than twenty (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (3020) working days prior to the impending abolishment of the positions, pay the employee in lieu of notice, or combine pay and notice. The notice shall include the effective date of the layoff and a reference to the employee's rights under this Article. Impacted employees will have the opportunity to replace the most junior employee within the layoff/seniority unit in an FTE status within .2 FTE of the FTE status of the person in the position being abolished (e.g. .8 FTE position being abolished incumbent eligible to replace individual in a .6-1.0 FTE position) and in the same classification as the individual(s) whose position(s) is being abolished and if the individual whose position is being abolished possesses the essential skills (defined as the minimum qualifications listed in the job description for the classification and any specific position requirements) to perform the most junior employee’s position. Subject If there is no opportunity for the person in the position being abolished to replace another employee within .2 FTE and within the layoff/seniority unit, the employee shall have a right to bump the most junior employee in a position with a lower FTE status than their own within the layoff/seniority unit. In accordance with the above, if the incumbent in a position to be abolished has an opportunity to replace the most junior employee within the layoff/seniority unit, the incumbent will be given up to three (3) working days to determine if he/she wants to replace the junior employee or be placed on the rehire list. Vacant positions within the layoff/seniority unit will be considered a more junior position than any occupied by an incumbent. Employees shall have no bumping rights per Article 17 within six (6) months from the effective date of a Final Counseling action plan. In a given class within a lab group, layoff shall be by seniority, least senior person first as long as the remaining employees possess the essential skills (defined as the minimum qualifications listed in the job description for the classification and any specific position requirements) to perform the necessary work. The least senior employee in a classification shall have the right to replace the junior employee in a lower classification in series if the employee being laid off possesses the essential skills as defined above to perform the necessary duties, and the employee to be replaced is in the lab group and has less seniority. If more than one (1) bumping option exists, the classification in the pay range closest to the position be abolished will be used. The opportunity to replace a junior employee within the lab group will require an FTE status within .2FTE of the FTE status of the person in the position being abolished (e.g. if a .8FTE position is being abolished the incumbent is eligible to replace an individual in a .6 – 1.0FTE position). If there is no opportunity for the person in the position being abolished to replace another employee within .2FTE, s/he shall have the right to bump junior employees with a lower FTE status than their own, subject to the provisions herein. Employees shall have no bumping rights per Article 17 within six (6) months from the effective date of Section 6.2 a Final Counseling action plan. In accordance with the above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees incumbent in a job group who comprise twenty percent position to be abolished will be given up to three (20%3) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant working days to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerdetermine if s/he wants to exercise his/her bumping rights.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs a. If the College determines a reduction in staff in a regular, internally funded position is necessary due to economic necessity, the layoff will occur in the following order within the affected department position and job status (full-time for full-time positions/part-time for part-time positions): probationary employees will be laid off first followed by the least senior employees, provided the remaining employees presently have the necessary qualifications (including but not limited to training, experience, skill, ability and availability) to efficiently perform the required work. Those members affected under this subsection shall be by department and shift (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days notified as soon as feasible prior to the impending layoffeffective date of the layoff that their positions are to be eliminated but in no event less than 60 calendar days. Subject to Salary and benefits will continue throughout the provisions of Section 6.2 abovenotification period if the layoff begins before the period is satisfied.
b. If the College determines a reduction in staff is necessary in a position funded 50% or more through external funding, grants, contracts or the like, the layoff will occur in the following order within the affected department, position and job status (full-time for full-time positions/part-time for part- time positions): probationary employees shall will be laid off in first followed by the following manner:
a. Temporary least senior employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualificationsremaining employees presently have the necessary qualifications (including but not limited to training, competence experience, skill, ability and efficiency are considered substantially equal in availability) to efficiently perform the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority listrequired work. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer Those members affected under this subsection shall notify the union and the employees a minimum of 7 days be notified as soon as feasible prior to the re-bid or reallocation effective date of FTE’s. the layoff.
c. In the case of an FTE reductionthe same hire date, in the presence of the Association president, employee names will be drawn by Human Resource’s personnel. The employee’s name drawn is the one to be laid off.
d. The Association will be notified of all affected members at the time the members are notified of the layoff. A member being laid off will be allowed Association representation if requested.
e. During the first year of layoff, the Employer shall use the same procedure as provided College will automatically consider a laid off member to be a candidate for under Article 6any vacant bargaining unit position, and such member will be given an opportunity to interview in appropriate circumstances. In the case of reallocations of staffing or re-bids, bidding shall be limited Affected members are encouraged to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply contact Career Employment Services which will provide outplacement assistance to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidslaid off employees.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs
45:01 A “layoff” is defined as any reduction in an employee’s regular hours of work. When a layoff occurs the Employer shall be by department and shift provide the employee four (See Appendix E). In the event 4) weeks written notice.
45:02 If a reduction of a permanent layoffemployees is necessary, the Employer shall make its best efforts meet with and advise the Union of the proposed reduction and the jobs affected as soon as possible.
45:03 Both parties recognize that job security should increase in proportion to notify regular employees involved at least thirty (30) days prior to length of service. Therefore, in the impending event of layoff. Subject to the provisions of Section 6.2 above, permanent employees shall be laid off in the following manner:reverse order of their seniority, within their position, within their service delivery region
a. Temporary employees;45:04 The notice shall give the reasons for the layoff and its expected duration and indicate they have the option to have union representation. If employees have not had the opportunity to work the days as provided in this Article, they shall be paid for the days for which work was not made available.
b. Probationary employees;45:05 Any permanent employee who receives a layoff notice may bump a less senior employee from the same or lower classification.
c. Regular full-time 45:06 Employees who bump must possess the minimum qualifications and part-time employees. ability to perform the job.
45:07 An employee who has been displaced due is entitled to displace another employee in accordance with the provisions of this Article may have a familiarization period in the new position.
45:08 Employees who do not exercise their right to bump will be laid off and placed on the recall list subject to Article 45:13.
(a) Employees, who bump to a layoff may accept lower classification, will be paid at the layoff or may displace step in the new position which is closest but not greater than their current pay. They will retain eligibility for increases on their pre-existing anniversary date.
(b) If it should happen that a full time employee is bumped by way of this article and that employee bumps into a part time position, that employee shall have first right of refusal for any employee additional hours to a maximum of full time hours.
45:10 Employees laid off shall be placed on the low seniority a recall list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority listtwelve (12) months. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant A copy will be furnished to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the EmployerUnion.
6.4.1 Reduction in FTE/Reallocation 45:11 Employees who accept an offer of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffingrecall into a lower classification will be offered reinstatement into their former classification, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.if such becomes available within six
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff. Layoffs Layoff shall be by department defined as a permanent and shift (See Appendix E)or temporary reduction in days, and/or positions. In the event of the District in its discretion, determines that a permanent layoffreduction in force is appropriate, the Employer shall make its best efforts District will determine which position is to notify regular employees involved at be eliminated. The least thirty (30) days prior to the impending layoffsenior person in that particular classification is then displaced from his or her position. Subject to the provisions of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee The more senior person who has been displaced due to a layoff may accept the layoff or may displace holds the position of any employee on to be eliminated is then moved into the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of position vacated by the least senior employees person in that classification. Qualification and Qualified: The term “qualified or qualifications” when used shall be based on specific training or education that enables a particular employee to successfully perform in a job group who comprise twenty percent specific assignment within a classification.
1. Within five (20%5) working days of notification, the laid off employee must notify the District with a written request to "bump" another employee. The employee proposing to bump must have greater District seniority than the least senior employee in the District. The employee will be permitted to bump the least senior employee in the District, providing the employee is qualified to perform the duties of the job groupposition. Any The individual will be deemed qualified to perform the duties of the position if the employee identified for layoff who has performed the duties of the specific position before as a regular district employee. If the employee desiring to bump is on the low seniority list and any employee who has been displaced by another employee pursuant not qualified to the above process may displace fill the position of the least senior person, then the bumping employee shall have the right to bump the next least senior employee in the District, etc.
2. An employee bumping into a different classification will remain on the low seniority list provided same step of the employees possess substantially equal qualifications, competence and efficiency salary schedule in the opinion new position as the employee was on in the prior position, though the hourly wage may change.
3. The bumping process is not to be used to move to a promotion, namely from a secretarial to an office manager position. The Association may, upon notification of the Employer.
6.4.1 Reduction layoffs, request to meet with a designated District representative to discuss the pending layoff. As a part of the discussions relative to displacement procedures, the Association may provide the District with suggestions or recommendations for reductions. However, such suggestions or recommendations shall not be construed as a right to bargain such issues, nor shall it cause time lines to be extended, unless the District so desires; nor shall it deter the District from placing its determined course of action into effect. When a layoff of employees in FTE/Reallocation a classification is contemplated, employees affected by such layoff shall receive written notice of Staffing/Re-Bids: In such action at least ten (10) workdays in advance of any layoff. The ten (10) day notice would not be necessary in the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reductionemergency such as fire or some other disaster over which the District has no control. If an employee is RIF’d and is unable to use their vacation days, then the Employer shall use the same procedure as provided employee will be compensated for under Article 6. In the case up to one year’s accrual of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsvacation days.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs 1. Prior to implementing a District-wide reduction in personnel, the Superintendent or designee shall meet with representatives of the FOPE to discuss the proposed Board action and solicit their suggestions.
2. The Board shall then determine the net number of positions to be reduced and the classification in which layoff shall occur.
3. For the purposes of this layoff procedure, "work location" shall be defined as either a school, or a center, or, in the case of county employees, the department.
4. Employees shall be laid off by department job classification at the work location in reverse order of total county seniority with the least senior person being laid off first.
5. When employees of the same job classification at the same work location have the same total county seniority, lay off shall be in reverse order of total work location seniority.
6. When employees of the same job classification at the same work location have the same total county seniority and shift the same total work location seniority, lay off shall be based on the employment date as reflected on the Personnel Action Form (See Appendix E)PAF) with the person having the most recent employment date being laid off first.
7. For the purposes of this Article, as soon as any bargaining unit member receives notification that he/she is not being reappointed to his/her current position in the subsequent fiscal year, a lay- off/recall list for the subsequent fiscal year shall be established for the specified job classification. No vacancy for any position in a fiscal year for which a lay-off/recall list exists shall be posted until said lay-off/recall list has been exhausted. Nothing in this section shall prohibit the effected employee from applying for any vacancy posted in the current fiscal year for which the employee is qualified.
8. The order of layoff shall be as follows:
a. First - Temporary employees shall be terminated.
b. Second - Probationary employees shall be terminated.
c. Third - Permanent part-time employees shall be laid off.
d. Fourth - Permanent full-time employees shall be laid off.
9. If layoffs occur, written notice of layoff will be given to the employee and to the FOPE twenty (20) working days before the action is to become effective. Should an employee be laid off without notice, then the employee shall receive full pay and benefits for the required period of notice.
10. Any employee who would have qualified for retirement during the school year in which the layoff takes place may, with the approval of the Superintendent, be permitted to work through the date in order to qualify for retirement.
11. Any employee who is laid off/terminated due to the elimination of his/her job shall be placed on the recall list and the recall procedure as outlined below will apply. Written notice of such a layoff will be given to the employee and to the FOPE twenty (20) working days before the action is to become effective. Thereafter, the FOPE may request and shall be entitled to receive written documentation from the Board showing the basis for the job elimination. In the event of a permanent layoffthe employee believes that the layoff was arbitrary or capricious, the Employer shall make its best efforts employee may file a grievance to notify regular employees involved at least thirty (30) days prior to protest the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 13.1 Layoffs affecting permanent Employees shall be by department and shift (See Appendix E). In determined based on bargaining unit seniority provided Employees have the event of a permanent layoff, qualifications to perform the Employer work remaining.
13.1.1 The City shall make its best efforts to notify regular employees involved at least the Employee thirty (30) days prior to the impending effective date of layoff. Subject If the Employee has not had the opportunity to work the provisions of Section 6.2 abovenotice period, employees he shall be laid off paid for the day(s) for which work was not made available. The affected Employee shall, within fourteen (14) days of being provided with layoff notice, choose to displace another Employee provided he has the qualifications to perform the work, OR move to a vacant permanent position with a classified rate of pay that is equal to or less than the Employee’s classified rate of pay provided he has the qualifications to perform the work, OR choose to take a layoff.
13.1.2 The first displaced Employee may displace another Employee provided he has the qualifications to perform the work. The Employee shall advise the City which position he is claiming within (7) days of being notified that he is being displaced.
13.1.3 The second displaced Employee may displace another Employee provided he has the qualifications to perform the work. The Employee shall advise the City which position he is claiming within seven (7) days of being notified that he is being displaced.
13.1.4 Any subsequent displaced Employee may displace another Employee provided he has the qualifications to perform the work. The Employee shall advise the City which position he is claiming immediately.
13.2 When layoffs affect temporary Employees only, seniority in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority department shall be the determining factor where the Employee has the necessary qualifications to perform the work remaining.
13.2.1 Temporary Employees working more than thirty (30) days in a relief assignment or temporary position shall receive five (5) working days notice of the proposed layoff and a record of employment slip shall be issued as soon as possible after the date of layoff.
13.2.2 A temporary Employee, who wishes to request an earlier layoff than was planned, shall apply to the City for reallocation a Leave of staffing Absence at least fifteen (15) days prior to his requested layoff date. Requests shall be considered in the order that they are received. If the leave of absence is not approved and re-bidsthe Employee still requires the early layoff, he shall have deemed to have resigned and shall lose all previously accumulated seniority.
13.3 In order that operations of the Union shall not become disorganized when layoffs are made, members of the Local Union Executive Board shall be the last persons laid off during their term of office unless such person would be affected by normal seasonal layoff.
13.4 Employees on layoff shall be able to exercise their seniority for posted positions. Permanent Employees on layoff shall receive priority over temporary Employees or others from outside of the bargaining unit, for posted permanent positions and shall be given the necessary training to perform the work, provided the Employee has the skills and abilities similar to the vacant position for which he is being considered.
13.5 An Employee on layoff must notify the Human Resources Department of any change to his telephone number or mailing address.
13.6 The City agrees to inform the Union of any proposed changes in the performance of services supplied by the City, four (4) months in advance of the proposed change being implemented.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff. Layoffs The parties agree that the effect of a layoff is negotiable, therefore, the following language is intended to both clarify and establish procedures for any impending layoffs realized by members of the Bargaining Unit and any subsequent recall.
A. In the event of layoffs, employees shall be by department and shift (See Appendix E)laid off from the affected classifications within the Department in the following order:
1. Temporary employees
2. Seasonal employees
3. Probationary employees
4. Full-time regular employees
B. If temporary employees or probationary employees are being utilized in a different classification in that Department, that work will be offered to qualified employees who are being laid off.
C. In the event of a permanent layofflayoff for any reason, employees shall be laid off in the Employer inverse order of their seniority within their job classification within their Departmental Division.
D. Employees being laid off shall make its best efforts to notify regular employees involved at least be given written notice of such layoff thirty (30) days prior to the impending layoff. Subject Said notice of layoff shall identify what options, if any, an employee shall have in lieu of layoff.
E. Options in lieu of layoff: For the purpose of this section, the use of the term “may” only relates to whether or not the provisions facts exist which establish the layoff option. If the option exists, it is mandatory that the City identify it in the notice of layoff under Section 6.2 D above.
1. SAME JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be given the option to supplant any less senior employee within their Departmental Division who occupies the same job classification as the laid-off employee. If this option exists, employees none of the other options listed below shall be laid off offered.
2. LOWER JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be granted, as an option in lieu of layoff, the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due opportunity to take a demotion to a layoff may accept lower job classification, in which he or she has previously held status within their Departmental Division, if he or she has the layoff or may displace ability and current qualifications to perform the position work of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority listposition. The low seniority list consists of employee being displaced shall then have the least senior employees same opportunities as any other employee subject to layoff.
3. VACANT POSITION WITHIN THE BARGAINING UNIT: Employees may be granted the opportunity to be placed in any other Department in a job group who comprise twenty percent (20%) of vacant position for which he or she has the job group. Any employee identified for layoff who is on the low seniority list ability and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.qualifications to
Appears in 2 contracts
Sources: Working Agreement, Working Agreement
Layoff. Layoffs
11.1 Layoff shall be by defined as a cessation of employment due to a reduction in staffing within a classification and/or the department on either a temporary or a permanent basis. The decision to lay off employees and shift (See Appendix E)the extent of such layoff shall be reserved in the sole discretion of the University. The just cause standard of Article 13 does not apply to layoff situations. Employees will be advised, to the extent it is known, how long the period of layoff shall be. In cases where it is known by the event Department that the layoff will be permanent, then the Chief will meet with the Union to discuss the planned layoff and the effects of the decision.
11.2 Employees shall be selected for layoff on the basis of a permanent layoffconsideration of multiple factors including their training, their experience, their ability, and their qualifications to perform the Employer shall make its best efforts to notify regular employees involved at remaining unit work, a review of their prior performance of unit work, and their length of service in the classification. When, in the judgment of the University, all factors are equal, then the least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees senior employee in a given classification shall be laid off first. For purposes of this article, seniority shall refer to the length of continuous service within the classification.
11.3 Employees who are laid off shall receive at least two weeks’ notice of any layoff.
11.4 Employees who are laid off shall maintain recall rights to return to the same position from which they were laid off for a period of eighteen (18) months, provided they are qualified and have the requisite skills and abilities for the position. Employees who are laid off will also be notified of other vacancies within the Department and may apply for such positions. Employees who are laid off shall maintain their positions on the seniority roster for up to eighteen months and shall accrue additional seniority during that time. If recalled to work by the Department within eighteen months in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-original classification, employees shall return to the Police Services Department with the same seniority they had accrued at the time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employerrecall. If hired into any other classification within the Department, they shall return as new employees and provided further that be rehired with a new seniority date. If during the employee who was initially displaced is not on 18 month period an opening develops in their original classification after they have taken another position within the low seniority listDepartment, they may return to the original classification with no loss of seniority. The low seniority list consists University shall recognize their total length of service for fringe benefit purposes if they are rehired into another classification within the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer18 month period.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer 11.5 Employees who are laid off shall notify the union and Department of any change in address or phone number in order to provide a contact point for recall or notification of vacancies which may arise within the Department during the term of their layoff. Once recalled to work by written notice sent certified mail, employees a minimum must report for duty within fourteen (14) calendar days of 7 days prior notification or they shall forfeit all recall rights unless their failure to report was due to proven illness or injury.
11.6 Laid off employees who are not recalled to their original classification or are not rehired into some other classification shall, at the re-bid or reallocation conclusion of FTE’s. In eighteen (18) months, be considered terminated by the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsUniversity.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs and recall will be by job within a program; that is, if a program is to be reduced or eliminated, then employees in the affected program will be laid off or recalled on the basis of Agency Seniority. Those with the lowest Agency Seniority in any of the affected jobs will be the first to be laid off, with recall starting with those having the greatest Agency Seniority. From time to time the Agency may implement plans to reduce the number of bargaining unit positions in certain programs while at the same time adding positions to certain other programs. Additionally, at these times, there may be other vacancies for which no qualified person has applied during the posting period. When this situation occurs, persons whose jobs are affected by the aforesaid reduction shall have priority in the filling of the added or vacant positions, where those positions are substantially the same in pay, qualifications and working hours. Additionally, such positions that become vacant will not be posted until the positions have been offered to the affected persons. The Agency shall offer, in writing, the added or vacant positions to the affected individuals who are qualified for the position on the basis of Agency Seniority. An employee offered such a position shall have three (3) days in which to indicate their acceptance or rejection of the position. Any individual rejecting said offer will be free to bid on any other vacant position, but will not be entitled to exercise bumping rights pursuant to this section or to receive severance pay as per Article 14. After the position held prior to the reduction is eliminated, individuals rejecting an offer as above, shall be by department considered to be in the same category as individuals who have taken in excess of three months of leave without pay and shift shall be entitled to bid on future vacancies on the basis of Agency Seniority. Any vacancies remaining after all affected individuals have accepted or rejected offers as above shall be immediately posted or reposted. Any person accepting an offer as above shall not have any previously earned increments removed.
(See Appendix E). a) In the event of a permanent layoffthere are no such added or vacant job openings available for which an affected individual is qualified, then, before being laid off, the Employer individual in the affected job shall make its best efforts be allowed to notify regular employees involved at exercise bumping rights within the same program and consistent with his or her seniority with the Agency. Specifically:
(i) Should a Master’s degree level job be eliminated, the individual in the affected job shall be allowed within the program to take the job of the Master’s degree level job holder with the least thirty (30) days prior to the impending layoffAgency Seniority. Subject to the provisions of Section 6.2 Should a Master’s degree level job holder’s job be taken, as above, employees or should the job of the Master’s degree holder with the least Agency Seniority be eliminated, that individual shall be laid off in allowed to take the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a non-Master’s level job group who comprise twenty percent holder within the Agency program, unless such employee has greater Agency Seniority than the individual whose job was taken or eliminated.
(20%ii) Should any other employee’s job be eliminated, that individual shall be allowed to take the job of the non-Master’s level jobholder in the program with the least Agency Seniority
(iii) Should the least senior job group. Any employee identified for layoff who is on holder’s job be eliminated or taken, that individual may take the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position job of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency job holder in any job classification in the opinion program for which the least senior direct service job holder is qualified, unless the job holder has greater Agency Seniority than the individual whose job was eliminated.
(iv) Should a non-direct service employee’s job be eliminated, that individual shall be allowed to take the job of the Employerindividual in the same job classification in the program with the least Agency Seniority.
6.4.1 Reduction (v) If in FTE/Reallocation a job classification the least senior non-direct service employee’s job is taken or eliminated, that individual may take the job of Staffing/Reany individual in the program who has less seniority if such non-Bids: In direct service employee is qualified for such job.
(vi) Should a part-time employee be laid off, that person shall have the event option of taking the Employer deems it necessary to reallocate staffingjob of the least senior part-time employee in the program who holds a job for which they are qualified as above, reduce FTE’s and/or to reor may take the job of the least senior full-bid shift schedulestime employee as above. Part-time Advocates who are laid off may also take the job of the least senior part-time Advocate. If a part-time employee assumes the job of another employee (full or part-time), the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use that employee must work the same procedure full-time equivalence as provided for under Article 6the employee whose job was taken -- full or part-time.
(vii) Should a full-time employee’s job be reduced to part-time status, that employee shall have the option of: 1) retaining the reduced job, 2) taking over the job of the least senior part-time employee in the same job classification and program whose percent FTE is the same as the amount of the full-time employee’s job reduction percentage (in addition to retaining the reduced job), or 3) taking the job of the least senior full-time employee as outlined above. In If the case of reallocations of staffing or re-bidsemployee retains the reduced job, bidding their pay shall be limited to reduced accordingly and they shall receive no severance pay.
(b) No employee shall take the shift and/or department; bumping rights as outlined in Section 6.4job of another employee with more seniority.
(c) No employee shall take a job for which they are not qualified.
(d) An employee, who takes another job under the provisions of this Article, shall not apply to reallocations of staff and re-bidsbe compensated at the rate applicable for the new position with the employee’s then current seniority (experience cap). Seniority That employee shall be required to take the determining factor first available position that has the same rate of pay and qualifications as the position the employee was forced to vacate. Said employee shall receive preference over all other applicants (internal or external) regardless of seniority for reallocation of staffing and re-bidsthe above referenced positions.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs (i) The employee shall have the right to either accept the layoff or to displace another employee in accordance with the bumping procedures.
(ii) An employee may bump only in the employee's own class or lower.
(iii) Subject to the Letters of Understanding, item 11, page 56, temporary employees shall be laid off before any permanent employees are laid off.
(iv) Subject to the Letters of Understanding, item 11, page 56, any temporary employee whose position is affected by department and shift the Employer's decision to lay off shall have the right to displace a junior temporary employee only.
(See Appendix E). v) A permanent employee whose position is affected by the Employer's decision to lay off shall have the right to displace a junior employee whether permanent or temporary.
(vi) An employee who does not elect to exercise the employee's right to displace another employee shall be laid off.
(vii) An employee shall not be required to change the employee's hours of work or work location unless mutually agreed.
(viii) In the event of the most junior employee in the class selected by the displaced employee is a temporary employee, the permanent employee who displaces the temporary employee shall earn seniority on a permanent layoff, basis.
(ix) An employee who wishes to exercise seniority rights in accordance with this Clause must notify the Employer shall make its best efforts accordingly, in writing, within twenty (20) days of the date of receipt of the employee's layoff notice.
(x) An employee who is displaced in accordance with this procedure is also permitted to notify regular employees involved at least displace another employee in accordance with the procedure, provided that both displacements are completed within thirty (30) days prior of the of the initial layoff notice. An employee who is displaced in accordance with this procedure will be deemed to have been given notice of layoff with effect from the impending date on which the initial employee was given notice of layoff. Subject .
(xi) Where more than one (1) employee is to the provisions of Section 6.2 above, employees shall be laid off in accordance with Clause 48.02, the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on of those who are to be laid off shall have the low seniority list first choice of displacement provided the employees possess substantially equal qualifications, competence and efficiency for in the opinion of the Employerthis Clause.
6.4.1 Reduction (xii) Employees who receive notice of a reduction in FTE/Reallocation their weekly hours of Staffing/Re-Bids: In work and decide not to work the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; reduced hours may exercise their bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsaccordance with this Article.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E)administered in accordance with university policy except as stated below:
1. In the event of a permanent layoffSeniority will prevail in layoffs due to economic reasons or reorganization.
2. Within their respective departments/work units, the Employer regular supervisors shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall not be laid off before temporary or newly hired probationary supervisors in the following manner:same job classification.
a. Temporary employees;3. Bumping Rights
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job groupa) First, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any an employee identified for layoff who is will be offered the opportunity to fill a vacancy in his/her current title within the operating unit and campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the low seniority list and any employee who has been displaced by another employee recall list.
b) Second, if a vacancy pursuant to “a” above is not available, the employee will be offered a vacancy in his/her current title on the campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the recall list.
c) Third, if a vacancy pursuant to “a” or “b” above process is not available, the employee will be offered the opportunity to fill a vacancy in the employee’s current or immediate prior title University-wide. If the employee opts not to fill a vacancy offered under this section, the employee may displace opt to be placed on the position of recall list.
d) Fourth, if the employee is not placed in a vacancy pursuant to “a”, “b” or “c” above, the employee may bump the least senior employee in his/her current title within the operating unit and campus. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the low seniority list recall list. If the employee is unable to bump under this section, the employee may exercise rights under “e” below.
e) Fifth, if the opportunity to bump is not available pursuant to “d” above, the employee may bump the least senior employee in his/her current title campus-wide. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under “f” below.
f) Sixth, if the employee is not offered the opportunity to bump pursuant to “e” above, the employee may bump the least senior employee in his/her immediate prior title campus-wide, provided the employees possess substantially equal qualificationsemployee’s prior held title is in a CWA bargaining unit. If the employee opts not to exercise his/her bumping rights under this section, competence and efficiency the employee may opt to be placed on the recall list.
g) Seventh, if the employee is not offered the opportunity to bump pursuant to “f” above, the employee shall be offered the opportunity to fill a vacant position University-wide, other than in the opinion employee’s current or immediate prior title, for which the employee is qualified. If the employee opts not to exercise his/her rights under this section, the employee may opt to be placed on the recall list.
h) Employees who exercise rights under provisions “a” through “e” above will not be required to serve a probationary period.
i) A staff member who chooses to fill a vacancy or to bump another staff member, and is subsequently informed by the campus Human Resources department that the salary of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary vacant or bump position is more than 10% below his or her current salary, shall be allowed to reallocate staffing, reduce FTE’s and/or reconsider their decision and to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior go on to the re-bid or reallocation recall list. (See Appendix A for a listing of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure University Operating Units as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not they apply to reallocations of staff Layoffs and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsBumping.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs Employees who have acquired job classification seniority rights in accordance with this Agreement shall not be laid off unless all temporary, contract, probationary, and part-time employees in the same job classification have been laid off. Employees who have acquired seniority rights in accordance with this Agreement shall be scheduled for layoff within the affected job classification in reverse order by department and shift (See Appendix E)job classification seniority. Employees shall be recalled to work in reverse order by job classification seniority. Employees shall be recalled to work, in order of their seniority in the job classification, provided they are qualified to do the work available. In the event of a permanent layoffthat more than one employee is hired on the same date, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to employee holding the impending layoff. Subject to the provisions of Section 6.2 above, employees lowest employee number shall be laid off deemed to possess the highest Company seniority. The Bargaining Committee and Chairperson will be retained in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the their job classifications during their respective terms of office, notwithstanding their position of any employee on the low seniority list for the employee's job grouplist, provided the employees' qualifications, competence and efficiency Company has work available in their job classification which they are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant qualified to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’sperform. In the case of an FTE reductiona general layoff of full-time employees due to curtailment of staff, where such layoff is to exceed two (2) weeks, the Employer Company will provide affected employees and the Union Chairperson with at least five (5) working days’ notice of the layoff. If a laid off employee fails to report to work within fourteen (14) calendar days, following the date on which the Company sent a notice of recall by registered mail to the employee, at the last address filed with the Company, the employee shall use the same procedure as provided for under Article 6not be entitled to that job. In the case of reallocations of staffing or re-bids, bidding Such notice shall be limited copied to the shift and/or department; bumping rights as outlined in Section 6.4Chairperson. Failure on the part of the employee to keep the Company advised of the current address shall relieve the Company of any responsibility for notification under this Agreement. The Company will provide the chairperson of the Bargaining Committee with a list of employees to be laid off or recalled within five (5) calendar days of the layoff or recall. Employees on layoff may apply for any job vacancy arising out of a job posting provided they have the qualifications, shall not apply to reallocations of staff skills and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsability.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E)administered in accordance with university policy except as stated below:
1. In the event of a permanent layoffSeniority will prevail in layoffs due to economic reasons or reorganization.
2. Within their respective departments/work units, the Employer regular supervisors shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall not be laid off before temporary or newly hired probationary supervisors in the following manner:same job classification.
a. Temporary employees;3. Bumping Rights
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job groupa) First, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any an employee identified for layoff who is ▇▇▇▇▇▇ will be offered the opportunity to fill a vacancy in his/her current title within the operating unit and campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the low seniority list and any employee who has been displaced by another employee recall list.
b) Second, if a vacancy pursuant to “a” above is not available, the employee will be offered a vacancy in his/her current title on the campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the recall list.
c) Third, if a vacancy pursuant to “a” or “b” above process is not available, the employee will be offered the opportunity to fill a vacancy in the employee’s current or immediate prior title University-wide. If the employee opts not to fill a vacancy offered under this section, the employee may displace opt to be placed on the position of recall list.
d) Fourth, if the employee is not placed in a vacancy pursuant to “a”, “b” or “c” above, the employee may bump the least senior employee in his/her current title within the operating unit and campus. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the low seniority list recall list. If the employee is unable to bump under this section, the employee may exercise rights under “e” below.
e) Fifth, if the opportunity to bump is not available pursuant to “d” above, the employee may bump the least senior employee in his/her current title campus-wide. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under “f” below.
f) Sixth, if the employee is not offered the opportunity to bump pursuant to “e” above, the employee may bump the least senior employee in his/her immediate prior title campus-wide, provided the employees possess substantially equal qualificationsemployee’s prior held title is in a CWA bargaining unit. If the employee opts not to exercise his/her bumping rights under this section, competence and efficiency the employee may opt to be placed on the recall list.
g) Seventh, if the employee is not offered the opportunity to bump pursuant to “f” above, the employee shall be offered the opportunity to fill a vacant position University-wide, other than in the opinion employee’s current or immediate prior title, for which the employee is qualified. If the employee opts not to exercise his/her rights under this section, the employee may opt to be placed on the recall list.
h) Employees who exercise rights under provisions “a” through “e” above will not be required to serve a probationary period.
i) A staff member who chooses to fill a vacancy or to bump another staff member, and is subsequently informed by the campus Human Resources department that the salary of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary vacant or bump position is more than 10% below his or her current salary, shall be allowed to reallocate staffing, reduce FTE’s and/or reconsider their decision and to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior go on to the re-bid or reallocation recall list. (See Appendix A for a listing of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure University Operating Units as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not they apply to reallocations of staff Layoffs and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsBumping.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs In the event the Hospital must reduce the workforce within a department for a period of 14 continuous calendar days or more, OFNHP can request a meeting with the leadership to review the reasons for the reduction in workforce and whether a layoff should be initiated. The meeting will be scheduled within five business days. Once the parties have met, if the Hospital determines that a layoff is needed in a department, the Hospital shall institute a layoff that will be by in reverse order of seniority provided the bargaining unit members in that department are qualified to perform the work to be done. If unable to agree in the meeting, OFNHP can demand a layoff be initiated. Nothing in this language prevents the Hospital from initiating a layoff. The Hospital will provide as much advance notice as reasonably possible to the affected department(s), but in no case will this notice be less than 21 calendar days. A bargaining unit member in a department selected for layoff will have the following steps in the following order. For purposes of this Article, similar category applies to “benefited” positions and shift (See Appendix E)“relief” positions. Benefited bargaining unit members can bump the least senior benefited bargaining unit member, and relief bargaining unit members can bump the least senior relief bargaining unit member in each step. If multiple positions are being eliminated, the most senior bargaining unit member shall exercise their choice among the available options in their department first. In the event of a permanent layoffthat the Hospital is eliminating an entire unit, job classification, or major portion thereof, or is combining or separating units, the Employer Union and Hospital will discuss additional options related to such reorganization. Provisions in Article 17 shall make its best efforts to notify regular employees involved at least thirty (30) days prior apply to the impending layoffawarding of these positions.
1. Subject A bargaining unit member notified of layoff shall be considered to fill any similar category posted position, provided they meet minimum qualifications for the provisions of Section 6.2 position. In all steps above, employees shall be the bargaining unit member being laid off must notify management within 48 hours of receiving notice of layoff of their decision to exercise their bumping rights. A bargaining unit member on layoff status will have the ability to access electronic notification of posted positions. It will be the laid-off bargaining unit member’s responsibility to meet the application timelines, per Article 11, and the Hospital requirements and application process, in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due order to a layoff may accept the layoff or may displace the position of any employee on the low seniority list be considered for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerposted positions.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs shall 20.01 A layoff is defined as a reduction in the hours of work or a reduction in the work force.
20.02 A permanent employee who is to be by department and shift (See Appendix E). In the event laid off will receive written notice of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to layoff.
20.03 Both parties recognize that job security should increase with length of service. Therefore, in the impending event of a layoff. Subject to the provisions of Section 6.2 above, permanent employees shall be laid off in the following manner:reverse order of seniority subject to ability and qualifications to perform the job.
a. Temporary employees;20.04 A permanent employee shall be recalled in order of their seniority subject to ability and qualifications to perform the job.
b. Probationary employees;20.05 In the event of layoffs of Educational Assistants, occurring during the school year due to the discontinuance of any job, an employee may displace a less senior employee provided that the employee has the ability and qualifications to perform the job or the employee may accept a layoff. The then displaced Educational Assistant may displace the most junior Educational Assistant regardless of hours or accept a layoff provided that the employee has the ability and qualifications to perform the job.
c. Regular full-time 20.06 No new permanent employee will be hired until those laid off have been recalled to full employment (equal to the number of hours they previously worked), subject to ability and part-time employeesqualifications to perform the job.
20.07 Temporary/Supply assignments will be offered to laid off employees prior to being offered to any other person. An If a laid off employee who has been displaced refuses a temporary/supply assignment, such refusal shall not affect the employee’s recall rights.
20.08 Grievances concerning layoffs due to a layoff may accept reduction in the layoff or may displace work force shall be initiated at Step 2 of the position Grievance Procedure. RECALL
20.09 Permanent employees who are laid off will be placed on a recall list and will be retained, subject to the provisions of any employee on the low seniority list for this Collective Agreement but not accrue seniority. No permanent employees shall be hired until those laid off have been given an opportunity of recall.
20.10 Notice of recall to work shall be directed by registered mail to the employee's job group, provided last address on file with the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority listemployer. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority It shall be the determining factor for reallocation responsibility of staffing and re-bidsthe employee to keep the employer informed of the employees current address.
20.11 In accordance with 18.01(d), the recalled employee must notify the employer in writing of the employee’s intention within five (5) working days of receiving the recall notice to return to work.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E)a) The company will endeavor to give at least (2) two weeks notice of layoff where business circumstances permit. In the event of a permanent layoffWhere business circumstances do not permit this notice, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior Company will explain the circumstances to the impending layoff. Subject to Union at the provisions of Section 6.2 above, employees shall be laid off in time the following manner:notice is given.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer(b) In laying off, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior in determining shift assignment as between employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use doing the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bidsjob, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority seniority shall be the determining factor as follows:
(i) All jobs with Learner periods shall be filled by the senior persons who are fully qualified on the job, (have successfully completed all of the Learner Periods of the job as evidenced by documentation on Company records) or currently in a Learner position on the job. However it is understood and agreed the Company shall have the right to retain the most senior fully qualified employee if it establishes that there is not one (1) fully qualified employee available to train on the same shift,
(ii) All jobs that do not have Learner Periods shall be filled in order of seniority. However it is understood and agreed that in all cases the company shall have the right to pass over an employee if it establishes that he does not have the necessary skill, ability and physical fitness to perform the work available. For a layoff which in the judgment of the company will not extend beyond three (3) consecutive days, ap pli c at io n of seniority shall be by department or skilled occupational group w i t h i n the department. A longer layoff will be dealt with by applying seniority on a plant- wide basis. When the Company shuts down it’s operations for reallocation a specific period of staffing and retime, any available work assignments during the shutdown period will be dealt with by applying seniority on a plant wide basis as per 8.05 (a). At the end of the shut-bidsdown period, all employees who were reassigned or laid off will return to the job they were holding immediately prior to the shutdown. The Company will provide a familiarization period of 5 working days to employee’s who bump into a job. The Company will provide a familiarization period of ten (10) working days to employees who bump to a job, where the job has changed as evidenced by G-Forms attached to the job description dated after the learner periods were completed.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. Layoffs shall A. When an employee is to be by department and shift (See Appendix E). In the event of a permanent layofflaid off, the Employer University shall make its best efforts to implement such layoff in accordance with the provisions set forth below. When circumstances permit, the University shall notify regular employees involved the local AFSCME President at least thirty (30) days prior to the impending in advance of a layoff. Subject to the provisions of Section 6.2 above, employees shall .
B. Employees may be laid off in at any time as a result of adverse circumstances; reallocation of resources; reorganization of degree or curriculum offerings or requirements; reorganization of academic or administrative structures, programs, or functions; curtailment or abolishment of one or more programs or functions; shortage of work; or a material change of duties. The University shall notify AFSCME when a layoff is to take place.
C. The layoff unit may be at an organizational level such as a campus, division, college, school, department, area, program, or other level of organization as the following manner:Chief Executive Officer deems appropriate. In designating the makeup of the layoff unit, the Chief Executive Officer or designee may consider the special qualifications and relevant experience required for specific positions and exclude such positions from layoff.
a. Temporary employees;D. The University shall direct laid off employees to Human Resources for employment counseling.
b. Probationary employees;
c. Regular full-time and part-time employeesE. Employees are to be informed of layoff as soon as practical. An Where circumstances permit, all employees are to be provided with at least thirty (30) calendar days notice. However, an employee who has been displaced due completed his/her position orientation year shall be given no less than fourteen (14) calendar days notice of layoff or in lieu of thereof, two weeks pay at the employee’s current regular hourly rate, or a combination of notice and pay. A notice of layoff shall be sent to the employee by certified mail, return receipt requested, or delivered in person to the employee. The notice to the employee of layoff shall include the effective date of layoff, the reason for layoff and any appeal/grievance rights, including applicable filingdeadlines.
F. Consistent with the procedures established for the University’s Employee Assistance Program, employees participating in an EAP who receive a notice of layoff may accept continue to participate in that program for a maximum of ninety (90) days following the layoff layoff, or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that as otherwise agreed to by the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsUniversity.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs a. If the College determines a reduction in staff in a regular, internally funded position is necessary due to economic necessity, the layoff will occur in the following order within the affected department position and job status (full-time for full-time positions/part-time for part-time positions): probationary employees will be laid off first followed by the least senior employees, provided the remaining employees presently have the necessary qualifications (including but not limited to training, experience, skill, ability and availability) to efficiently perform the required work. Those members affected under this subsection shall be by department and shift (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days notified as soon as feasible prior to the impending layoffeffective date of the layoff that their positions are to be eliminated but in no event less than 60 calendar days. Subject to Salary and benefits will continue throughout the provisions of Section 6.2 abovenotification period if the layoff begins before the period is satisfied.
b. If the College determines a reduction in staff is necessary in a position funded 50% or more through external funding, grants, contracts or the like, the layoff will occur in the following order within the affected department, position and job status (full- time for full-time positions/part-time for part- time positions): probationary employees shall will be laid off in first followed by the following manner:
a. Temporary least senior employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualificationsremaining employees presently have the necessary qualifications (including but not limited to training, competence experience, skill, ability and efficiency are considered substantially equal in availability) to efficiently perform the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority listrequired work. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer Those members affected under this subsection shall notify the union and the employees a minimum of 7 days be notified as soon as feasible prior to the re-bid or reallocation effective date of FTE’s. the layoff.
c. In the case of an FTE reductionthe same hire date, in the presence of the Association president, employee names will be drawn by Human Resource’s personnel. The employee’s name drawn is the one to be laid off.
d. The Association will be notified of all affected members at the time the members are notified of the layoff. A member being laid off will be allowed Association representation if requested.
e. During the first year of layoff, the Employer shall use the same procedure as provided College will automatically consider a laid off member to be a candidate for under Article 6any vacant bargaining unit position, and such member will be given an opportunity to interview in appropriate circumstances. In the case of reallocations of staffing or re-bids, bidding shall be limited Affected members are encouraged to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply contact Career Employment Services which will provide outplacement assistance to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidslaid off employees.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). a) In the event that an employee is not reassigned in lieu of layoff as in Section 4.6, or placed in another County position as in Section 4.7(b), the employee shall be laid off. If an employee elects not to exercise the rights in Section 4.6, or does not accept placement under Section 4.7(b), he/she may be deemed to have been offered and to have declined such work.
b) If an employee has been issued a layoff notice pursuant to Section 4.5 and has no reassignment in lieu of layoff rights pursuant to Section 4.6, then that employee shall be considered for inplacement. Inplacement is an offer of transfer (within specific wage bands) or demotion to an employee with a layoff notice into a vacant position, which the County intends to fill during the layoff notice period. The following conditions apply to the inplacement process:
1. An employee must be qualified to transfer or demote. The Personnel Director shall determine qualifications.
a. Testing requirements would be the same as if the employee had been reclassified.
b. In determining qualifications and possible positions, transfers and demotions to both related and non-related classes may be considered.
2. Transfer will be deemed a "lateral transfer" if movement from one class to another does not exceed an upward salary change of five percent (5%), unless a higher amount is provided for in a unit appendix.
3. Normal transfer (ordinance code) rules apply (i.e.: the employee can be taken on a permanent layoffor probationary basis at the discretion of the appointing authority). If an employee has underlying permanent status the probationary period following the transfer shall be considered a subsequent probation. Consistent with this status, the Employer employee on a subsequent probation with underlying permanent status, has Personnel Board appeal rights.
4. The employee may express a preference for certain occupational fields, assignments or departments. However, the employee has no right to claim any position nor is the County required to offer placement.
5. A position shall make its best efforts not be considered "vacant" for in-placement purposes if the position has been identified as claimable under Section 4.6 by another employee who has been issued a layoff notice under Section 4.5 or by an employee on a re-employment list established pursuant to notify regular employees involved at least thirty Section 4.8.
6. An employee who is placed under Section 4.7(b) or laid off under Section 4.7(a) shall have his/her name placed on all re-employment lists pursuant to Section 4.8 for the appropriate classification.
7. In determining placement offers, the Union and the County, on a case-by-case basis, may by mutual agreement include as part of the placement offer:
a. basic skill competency training and/or;
b. other methods (30other than transfer or demotion) days prior of filling vacant positions that do not violate Merit System principles or County Ordinance Code provisions.
8. All in-placement offers must be made and accepted or rejectedprior to the impending layoffeffective date of the layoff notice. Subject Time permitting, the Personnel Department may assist employees on the re-employment list in addition to the those employees with layoff notices. Such employees shall be entitled to all provisions of Section 6.2 abovethis Agreement.
9. If an employee is not placed by the effective date of the layoff notice, employees he/she shall be laid off in under the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept provisions of the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employernotice.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Layoff. Layoffs Where the Board has made a decision to reduce the complement of the Service, the following system of lay-off and, if subsequently required, termination shall apply:
24.01 The Board will first lay off summer students and temporary members prior to the lay-off of part-time or full-time staff within the affected classification(s). Subject to the Board having qualified personnel on staff to perform the required work, lay-off of probationary, part-time and full-time members shall be by department based on seniority. Non-probationary full-time and shift part- time members shall receive sixty (See Appendix E)60) calendar days' notice prior to the effective date of lay-off or payment in lieu thereof. In the event of a permanent layoffProbationary members, the Employer temporary members and summer students shall make its best efforts to notify regular employees involved at least receive thirty (30) days days' notice prior to the impending layoffeffective date of lay-off or payment in lieu thereof. Subject Copies of all notices of lay-off and recall shall be provided by the Board to the provisions Association at the same time as notices are provided to the affected member(s).
24.02 In selecting members for lay-off, the positions to be eliminated will be identified and a member in one of Section 6.2 abovethose positions will be given the opportunity to exercise his/her seniority provided the member has, or attains within the notice period, the qualifications to perform the duties of an equal or lower rated job classification; or, in a case where the member has previously worked in a higher classification, the member may exercise his/her seniority with respect to that higher classification provided the member has, or attains within the notice period, the qualifications to perform the duties.
24.03 Members shall be recalled in reverse order of lay-off except where the senior laid off member does not have the qualifications to perform the available work. No new employees shall be laid off in hired while any member with recall rights has not been provided with recall opportunity, unless the following manner:available members do not have the qualifications to perform the available work.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees24.04 a) A member selected for recall shall be informed of such by written notice. An employee who has been displaced due This notice shall be considered received by the member when mailed Registered Mail, to a layoff may accept the layoff or may displace last known address of the position of any employee member as shown on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion record of the Employer, and provided further that the employee who was initially displaced is not on the low seniority listService. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority It shall be the determining factor for reallocation responsibility of staffing each member on lay-off to keep the Service advised of his/her current address. Within ten (10) calendar days after a member receives notice he/she must advise the Service in writing that he/she accepts such recall and will be able to commence employment on the date specified in the notice. Any and all re-bidsemployment/recall rights granted to a member shall terminate upon such member's failure to reply within ten (10) days of receipt of the notice or if the member does not agree to return to duty within fourteen (14) days of receipt of the notice or within fourteen (14) days of the recall date specified on the notice whichever is later.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. Layoffs 11.1 Layoff shall be by defined as a cessation of employment due to a reduction in staffing within a classification and/or the department on either a temporary or a permanent basis. The decision to lay off employees and shift (See Appendix E)the extent of such layoff shall be reserved in the sole discretion of the University. The just cause standard of Article 13 does not apply to layoff situations. Employees will be advised, to the extent it is known, how long the period of layoff shall be. In cases where it is known by the event Department that the layoff will be permanent, then the Chief will meet with the Union to discuss the planned layoff and the effects of the decision.
11.2 Employees shall be selected for layoff on the basis of a permanent layoffconsideration of multiple factors including their training, their experience, their ability, and their qualifications to perform the Employer shall make its best efforts to notify regular employees involved at remaining unit work, a review of their prior performance of unit work, and their length of service in the classification. When, in the judgment of the University, all factors are equal, then the least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees senior employee in a given classification shall be laid off first. For purposes of this article, seniority shall refer to the length of continuous service within the classification.
11.3 Employees who are laid off shall receive at least two weeks’ notice of any layoff.
11.4 Employees who are laid off shall maintain recall rights to return to the same position from which they were laid off for a period of eighteen (18) months, provided they are qualified and have the requisite skills and abilities for the position. Employees who are laid off will also be notified of other vacancies within the Department and may apply for such positions. Employees who are laid off shall maintain their positions on the seniority roster for up to eighteen months and shall accrue additional seniority during that time. If recalled to work by the Department within eighteen months in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-original classification, employees shall return to the Police Services Department with the same seniority they had accrued at the time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employerrecall. If hired into any other classification within the Department, they shall return as new employees and provided further that be rehired with a new seniority date. If during the employee who was initially displaced is not on 18 month period an opening develops in their original classification after they have taken another position within the low seniority listDepartment, they may return to the original classification with no loss of seniority. The low seniority list consists University shall recognize their total length of service for fringe benefit purposes if they are rehired into another classification within the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer18 month period.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer 11.5 Employees who are laid off shall notify the union and Department of any change in address or phone number in order to provide a contact point for recall or notification of vacancies which may arise within the Department during the term of their layoff. Once recalled to work by written notice sent certified mail, employees a minimum must report for duty within fourteen (14) calendar days of 7 days prior notification or they shall forfeit all recall rights unless their failure to report was due to proven illness or injury.
11.6 Laid off employees who are not recalled to their original classification or are not rehired into some other classification shall, at the re-bid or reallocation conclusion of FTE’s. In eighteen (18) months, be considered terminated by the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsUniversity.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs shall be 23:01 Where by department and shift (See Appendix E). In the event reason of a permanent layoffshortage of work or funds, or the abolition of a position or material changes in duties or organization, the Employer determines that a layoff(s) is necessary, the Employer shall make its best efforts determine the classification(s) from which the layoff(s) are to notify regular take place.
23:02 The Employer shall determine employees involved at least thirty (30) days prior concerned within each classification from which employees are to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in off.
23:03 Where the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%layoff(s) of the job group. Any employee identified for layoff who employee(s) is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedulesnecessary, the Employer shall notify provide the union and Union with written notice not less than forty
23:04 Employees selected for layoff shall receive four (4) weeks notice or payment in lieu. No notice is required for term employees who are released at the employees a minimum end of 7 days prior to the re-bid or reallocation of FTE’shis/her term. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding The Union shall be limited to provided with a copy of all layoff notices issued.
23:05 In determining the shift and/or department; bumping rights as outlined in Section 6.4order of layoff of employees, shall not apply to reallocations of staff and re-bids. Seniority seniority shall be the determining factor factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for reallocation layoff.
23:06 An employee selected for layoff may exercise an option to displace an employee with less seniority in the same, equivalent or lower classification, subject to the following:
(a) A term employee laid off prior to the expiry of staffing his/her term may only displace another term employee with the same scheduled expiry date;
(b) The employee exercising the displacement option must have the qualifications and re-bidsability to perform the work of the person he/she is seeking to displace.
23:07 An employee who is displaced pursuant to Section :06 shall be given notice of layoff and may, in turn exercise an employee displacement option as set out in Section :06. The process will continue in this manner until there are no displacement opportunities.
23:08 An employee who is entitled to displace another employee in accordance with the provisions of this Article may have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to displace another employee.
23:09 For the purposes of this Article, “qualifications” refers to education, knowledge, training, skills, experience, aptitude and competence. “Ability” refers to mental, and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non- discriminatory manner. The onus of proof rests with the Employer in any dispute over the application of qualifications and ability to perform the duties which the remaining employees will be required to perform.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. 31.1 Bargaining unit employees shall not be laid off if the City is using temporary employees to do their work. Temporary employees will not be utilized to do the work of bargaining unit employees on the layoff list.
31.2 Layoffs are that the discretion of the City. A layoff is defined as a separation of employment. Layoffs may be due to an elimination of positions. An employee shall be by department and shift (See Appendix E). In given written notice of layoff or pay in lieu of notice, at the event of a permanent layoffemployee’s option, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) calendar days prior before the effective date, stating the reasons for the layoffs, and the options the employee has (see below). The employee shall have seven (7) calendar days from the receipt of the layoff letter to notify the City of the employee's option. A copy of the layoff letter shall also be forwarded to the impending Union. Upon request by the Union, the City shall meet with the Union to discuss alternatives to layoff. Subject to the provisions of Section 6.2 above, employees .
31.3 The layoff procedure shall be laid off occur in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position (a) The City shall notify, in writing, all affected employees of any employee on the low seniority list for the employee's job group, provided seniority and the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority listemployee's contractual rights. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer City shall notify the union Union of the seniority of all employees in all affected positions in writing.
(b) The City shall determine the specific positions to be eliminated and employees in those positions shall be notified of layoff. If the City selects positions occupied by employees who have greater seniority than other employees with the same classification in a minimum of 7 days prior department, the City shall meet with the Union to the re-bid or reallocation of FTE’sdiscuss its decision. In Except in the case of a medical layoff where the parties engaged in the interactive process, an FTE reductionemployee who is notified of layoff shall have the following options:
(1) Accept the layoff.
(2) Request assignment to a vacant position within the City for which he/she possesses the necessary qualifications.
(3) Displace the employee with the lowest seniority in the same classification in the designated layoff area if the employee is qualified for that position.
(4) Displace the employee with the lowest seniority in a classification with a lower pay range in the designated layoff area if the employee is qualified for that position.
(5) Displace the employee with the lowest seniority in a classification in the designated layoff area in which the employee has prior service. Displaced employees shall be allowed to select option 1 through 3 above. If there is no position available via those options, the Employer shall use employee may select either option 4 or 5.
(c) For the same procedure as provided purpose of this Article, if passing a test is a requirement for under Article 6. In new hires for a particular position, a "qualified" employee must pass or have passed the case test new hires must pass to be considered for the position.
(d) For the purpose of reallocations of staffing or re-bidsthis Article, bidding “designated layoff area” shall be limited considered to be
(1) Public Works*
(2) Community and Economic Development*
(3) Finance, Information Systems, GIS and Municipal Court
(4) Mayor’s Office and Programs, City Attorney
(5) Library
(6) Police *Support Specialist positions in Public Works and Community and Economic Development may bump between these two (2) departments. Facility Maintenance positions and Site Development Division employees shall have Public Works as their designated layoff area.
31.4 Employees who displace an employee in a lower classification shall go to the shift and/or department; bumping rights as outlined step closest to, but not higher than, their current salary.
31.5 Ties in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority seniority shall be the determining factor for reallocation broken by date of staffing and re-bidsapplication. If a tie still exists, it shall be broken by lot.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs (a) When a reduction in force in any line of progression is necessary, probationary employees will be laid off first. In case it is necessary to further reduce the number of employees in a line of progression, employees who are the lowest on the seniority list may:
(1) Starting with the job classification in which the reduction is to be made, the employees with the least plant seniority shall be by department and shift removed therefrom. Such displaced employees shall have the right to exercise their seniority in:
(See Appendix E). In i) lower job classifications for which they are qualified in their line of progression, or
(ii) lower job classifications for which they are qualified in another line of progression, or (“Qualified” for the event purpose of a permanent layoff, this subsection (ii) is defined as having held that job classification within the Employer shall make its best efforts to notify regular employees involved at least thirty last three (303) days years prior to the impending layoff.
(iii) transferring to an entrance job in another line of progression, if such entrance job is held by an employee having less plant seniority, or electing to be laid off. Subject "Entrance Jobs" are defined as follows: Control Technician-Junior Equipment Operator-Junior Performance & Industrial Hygiene Technician-Junior Stores Attendant-Junior
(2) An employee who is to be displaced from an entrance job in a line of progression shall have a maximum of three (3) working days from date of being notified to exercise his plant seniority, provided he is qualified for the provisions job involved, by transferring to an entrance job in another line of Section 6.2 aboveprogression, if such entrance job is held by an employee having less plant seniority, or electing to be laid off. "Entrance Jobs" are defined as follows: Control Technician-Junior Equipment Operator-Junior Performance & Industrial Hygiene Technician-Junior Stores Attendant-Junior
(3) After the transfers resulting from the exercise of the foregoing rights have been accomplished in all lines of progression in which such action is taken, the excess employees remaining from all lines of progression shall be laid off in accordance with their plant seniority.
(4) As soon as practicable after the Company has identified with certainty those employees to be laid off under this Section 9, the Company will begin to consider each such employee for placement elsewhere. This consideration will continue until any one of the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An occurs: (1) the employee who has been displaced due is placed at the ▇▇▇▇▇▇▇▇ Plant or elsewhere; (2) the employee is no longer retaining seniority rights under Section 10 below; (3) the employee is recalled under Section 11 below; or (4) the Company ceases to have a layoff may accept the layoff or may displace the position of any employee on the low seniority list current address for the employee. The effective date of an employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion layoff shall not be delayed as a result of the Employer, and provided further that failure of the Company to begin consideration of the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in for a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days placement elsewhere prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidssuch date.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). a. In the event of a permanent layofflayoff in a job classification, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, temporary employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular first, then probationary employees before either regular full-time and or part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee Layoffs will occur on the low seniority list for basis of their attained Bargaining Unit seniority. For the employee's purpose of layoff, Respiratory Therapy Technicians and Respiratory Therapists shall be considered as a single job groupclassification. In addition, provided the employees' qualifications, competence Medical Technologists and efficiency are Medical Lab Technicians shall be considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in as a single job group who comprise twenty percent (20%) of the job group. Any employee identified classification for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualificationspurposes. However, competence and efficiency in the opinion of the Employerno event shall all Medical Technologists be laid off.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: b. In the event a full-time or part-time, permanent, non-probationary employee is scheduled to be laid off from a classification, he/she may displace another employee within the Employer deems it department on the basis of Bargaining Unit seniority, provided he/she is qualified to perform said job. The immediate supervisor shall determine the employee’s acceptability during a fourteen (14) day orientation/evaluation period.
c. It is recognized that an employee may be retained due to special training, knowledge or ability who has less seniority than one who is to be laid off (e.g., mammography). If this occurs the Hospital will state the reason therefore in writing to the Union and the affected employee. Such special training, knowledge or ability must be necessary to reallocate staffingthe performance of the job, reduce FTE’s and/or and must not be obtainable by the more senior employee within a two-week period of on the job training and orientation.
d. Employees scheduled to re-bid shift schedules, the Employer be laid off shall notify the union and the employees a minimum of 7 days prior be entitled to two (2) weeks’ notice or pay in lieu thereof. Such notice shall also be given to the re-bid or reallocation Union no later than it is provided to the employees. The Hospital shall meet and discuss on such layoffs in advance of FTE’s. the initiation of said layoff, when possible.
e. In the case of event an FTE reductionemployee is scheduled to be laid off from a department, the Employer shall use the same procedure as provided he/she may bid for under Article 6. In the case of reallocations of staffing or re-bids, bidding an open position and shall be limited given priority for such position before transfers of employees not facing layoff.
f. Employees who are laid off may exercise the option of entering the pool. The Hospital will make an effort to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor utilize laid off employees for reallocation of staffing and re-bidspool assignments when possible.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs shall A. When an employee is to be by department and shift (See Appendix E). In the event of a permanent layofflaid off, the Employer University shall make its best efforts to implement such layoff in accordance with the provisions set forth below. When circumstances permit, the University shall notify regular employees involved the local AFSCME President at least thirty (30) days prior to the impending in advance of a layoff. Subject to the provisions of Section 6.2 above, employees shall .
B. Employees may be laid off in at any time as a result of adverse circumstances; reallocation of resources; reorganization of degree or curriculum offerings or requirements; reorganization of academic or administrative structures, programs, or functions; curtailment or abolishment of one or more programs or functions; shortage of work; or a material change of duties. The University shall notify AFSCME when a layoff is to take place.
C. The layoff unit may be at an organizational level such as a campus, division, college, school, department, area, program, or other level of organization as the following manner:Chief Executive Officer deems appropriate. In designating the makeup of the layoff unit, the Chief Executive Officer or designee may consider the special qualifications and relevant experience required for specific positions and exclude such positions from layoff.
a. Temporary employees;D. The University shall direct laid off employees to Human Resources for employment counseling.
b. Probationary employees;
c. Regular full-time and part-time employeesE. Employees are to be informed of layoff as soon as practical. An Where circumstances permit, all employees are to be provided with at least thirty (30) calendar days’ notice. However, an employee who has been displaced due completed his/her position orientation year shall be given no less than fourteen (14) calendar days’ notice of layoff or in lieu of thereof, two weeks’ pay at the employee’s current regular hourly rate, or a combination of notice and pay. A notice of layoff shall be sent to the employee by certified mail, return receipt requested, or delivered in person to the employee. The notice to the employee of layoff shall include the effective date of layoff, the reason for layoff and any appeal/grievance rights, including applicable filing deadlines.
F. Consistent with the procedures established for the University’s Employee Assistance Program, employees participating in an EAP who receive a notice of layoff may accept continue to participate in that program for a maximum of ninety (90) days following the layoff layoff, or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that as otherwise agreed to by the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsUniversity.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs 1. A layoff shall be defined as the elimination of a position resulting in the loss of employment by department and shift (See Appendix E)a bargaining unit member for non-disciplinary reasons.
2. In the event of a permanent layofflayoff becomes necessary, the Employer shall make its best efforts District will notify the Union in writing, in advance, and the parties will meet to notify regular employees involved discuss ways of avoiding layoffs. Such notification will be given at least thirty (30) calendar days prior before the start of the next school year when the reduction is to be in the next school year and at least fourteen (14) days when it is to be in the current school year.
3. When layoffs remain necessary following the discussion above, the District will consider employees’ requests to take voluntary layoff until the necessary reduction is met. If voluntary layoffs are not accepted or do not meet the necessary reduction in the workforce, additional layoffs shall be made. The District shall notify the Union of any employees electing to take a voluntary layoff.
4. Layoffs shall not affect permanent bargaining unit employees until the District has laid off temporary employees first, then probationary employees holding positions in the affected classifications.
5. Layoff will be in the inverse order of seniority District wide, within the affected position (as shown on the bumping chart attached to this Agreement). However, a less senior employee may be retained, and the next senior employee laid off, provided the least senior employee possesses skills and/or abilities the more senior employee does not possess and which are relevant to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall position and which cannot be laid off learned by a more senior employee in the following manner:classification group within a reasonable amount of time (generally ten (10) days).
a. Temporary employees;6. The District shall notify the Union in writing of any processes, which result in a less senior employee being retained over a more senior employee.
b. Probationary employees;
c. Regular full-time and part-time employees7. An employee who has been displaced due is laid off shall be entitled to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of “bump” the least senior employee on in any other position in which that employee has worked, or in a lower position in the low seniority list same classification the employee works or has worked, with the equivalent number of hours or fewer, provided the employees possess substantially equal qualifications, competence employee’s experience and efficiency in qualifications meet the opinion requirements of the Employerposition. An employee who wishes to exercise the employee's bumping rights must notify the District within five (5) workdays of notification of the employee's layoff status.
6.4.1 Reduction in FTE/Reallocation 8. Employees designated for layoff shall be given at least fourteen (14) calendar days of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum written notice of 7 days prior layoff. A copy of such notice will simultaneously be sent to the re-bid or reallocation of FTE’sUnion. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall This notice does not apply to reallocations an emergency of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsless than two (2) weeks in duration.
Appears in 2 contracts
Sources: Management Agreement, Management Agreement
Layoff. Layoffs Employees and the union shall be by department and shift (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved given at least thirty fourteen (3014) calendar days notice prior to the impending effective date of layoff. Subject to During period of layoffs, layoffs will be done by classification within the provisions of Section 6.2 abovebusiness unit, employees shall (Electric or Water) and the personnel in the classification will be laid off by inverse seniority. Laid off employees will be able to bump less senior employees in lower classifications within the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time same business unit (electric or water). Laid off employees may choose to bump across business units to the respective entry level position(s) (if union seniority allows). Laid off Electric division employees covered by this collective bargaining agreement may only bump to an Assistant Operator I (AOI) position at the Filter Plant or to an Assistant Operator II (AOII) position at the Filter plant if that AOII position is filled by a member who has 24 months or less of seniority, unless the member possesses a Class A license. Laid off Water division employees covered by this collective bargaining agreement may only bump to the positions of Demin Operator or Relief Operator at ▇▇▇▇▇▇▇. Bumping across business units is limited to three (3) individuals during a layoff period. Employees that transferred across units will be allowed one opportunity to bid back to their original business unit should an opening occur, seniority and part-time employeesqualifications being sufficient. In all instances, an employee moving to a new classification will receive the rate of pay of the new classification. An employee who has been displaced due is laid off shall have recall rights for a period of thirty-six (36) months to a layoff may accept the layoff or may displace the position of any employee their classification in which they were laid off. Laid off employees on the low seniority recall list for will be allowed to bid across unit to the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal entry level positions in the opinion of the Employerrespective business units if a job is posted. If an employee is recalled during this period, and provided further residency rules that applied to the employee at the time of layoff shall continue to apply upon recall. For employees included in the 10/18/21 Memo from ▇▇▇ ▇▇▇▇▇ who was initially displaced is not are laid off shall have Water Plant recall rights, by seniority, for a period of thirty-six (36) months, employees on the low seniority list. The low seniority recall list consists of will be allowed to bid across the least senior employees unit to the entry-level positions in the respective business units if a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerposted.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Layoff. Layoffs (a) If a reduction in force is necessary, layoffs shall take place in the inverse order of the date of hire into the Lieutenant’s job classification.
(b) NJIT shall simultaneously provide the Lieutenants’ Unit and the Lieutenant(s) concerned a two (2) week notice of layoff. Lieutenants’ Unit may request and have scheduled a meeting with the Manager of Labor Relations to discuss possible alternatives; however, the final discretion rests with NJIT.
(c) When a Lieutenant is scheduled for a layoff due to reduction or reorganization in the workforce, he/she shall be permitted, to the extent permitted by department law, to exercise his/her seniority rights to replace (bump) a Sergeant or other commissioned police officer with less seniority provided the Lieutenant with greater seniority is qualified in all respects to perform the work of the bumped officer in accordance with the prevailing job description for that position.
(i) The Lieutenants’ Unit may discuss any questions of “qualifications” with the Manager of Labor Relations through the labor management committee established under Article VI, Labor/Management Committee, of this Agreement.
(ii) Salary Range and shift Step placement for a Lieutenant, successfully exercising the contractually authorized bumping privilege, shall be as follows:
(See Appendix E). In 1) The Lieutenant shall be placed at the event of a permanent same or nearest higher step on the commissioned police officer salary range or within the Sergeants’ salary band from that salary occupied by the Lieutenant prior to layoff, if available in the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to range and/or band. If not available then the impending layoff. Subject to the provisions of Section 6.2 above, employees Lieutenant shall be laid off in placed at the following manner:closest step available within the appropriate range or salary within the band.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time (d) The parties hereto commit to work together toward minimization of departmental, university and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion bargaining unit disruption caused by implementation of the Employer, contractually authorized layoff and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerbumping scheme.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs 1. If the County must reduce the number of employees within a classification or within the Department, the employee with the least amount of bargaining unit seniority shall be by department and shift (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending selected for layoff. Subject The employee so selected shall have the right to the provisions bump a less senior bargaining unit employee in an equal or lower classification of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job groupchoosing in the Department, provided such employee has more seniority than the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employeremployee being bumped, and provided further that such employee meets the same minimum qualifications as would be expected of anyone obtaining the job through the normal job posting procedure.
2. An employee who is bumped in accordance with Paragraph 1 above shall be afforded the same bumping rights provided in paragraph 1 above, but if such employee is unable to bump any other employee, such employee shall be placed on layoff.
3. Where two (2) or more employees have the right to bump, the above bumping rights shall be exercised by such employees in order of their bargaining unit seniority from most senior to least senior.
4. An employee bumping into a different position shall serve the normal probationary period for that position. An employee who proves unable to perform the work in the probationary period shall not be allowed to again exercise bumping rights, but shall be placed on layoff. During such probationary period, an employee may voluntarily choose to be placed on layoff, but shall not be allowed to again exercise bumping rights resulting from that layoff.
5. An employee who is bumped out of his/her position shall have the preferential right to return to such position if, for any reason, it should become vacant within sixty (60) days from the time the employee who was initially displaced is not on the low seniority listbumped from it.
6. The low seniority list consists of the least senior employees Employees laid off in a job group who comprise twenty percent reduction of force shall have their seniority status continue for a period equal to their se- niority at the time of layoff, but in no case shall this period be less than three (20%3) of years. While any employees hold layoff seniority status, they shall be given the oppor- tunity to be recalled and placed in vacant jobs by using the job groupposting procedure. Any employee identified for layoff who is on the low Laid off employees holding seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position status shall be sent copies of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: all job postings as they occur. In the event the Employer deems it necessary an employee declines to reallocate staffingreturn to work when recalled under this section, reduce FTE’s and/or to re-bid shift schedules, the Employer such employee shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsforfeit all accumulated seniority rights.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs 1. When the District is contemplating the layoff of any employee, it will notify the Union as soon as the need for such a reduction is evident and prior to making such a recommendation to the School Board. The notice will be in writing and will include the specific positions to be affected, the proposed time schedule, and reasons for the proposed action. Notice to the Union shall be by department no less than twenty (20) District business days prior to the effective date of any layoff and shift shall be issued prior to notification being issued to the affected employee(s).
2. The Union shall be provided the opportunity to present its position on any proposed layoff’s and to present any alternatives to layoffs to the Board prior to the Board’s final action.
3. In the event it becomes necessary to lay off employees for any reason, the affected employees shall be laid off within the layoff categories described in Section A paragraph 4 of this Article in the reverse order of their seniority unless the District wishes to retain a less senior employee on the basis of greater skill, ability or qualifications. In such cases, the District shall have the burden of proof for such action. Layoffs will be made within job title classifications.
4. Employees shall be laid off from their position with a specific job title within the following categories, specifically associated with their eligibility for benefit: 1) Full time - Regularly scheduled to work six (See Appendix E6) or more hours per day; 2) Part time benefitted - Regularly scheduled to work not less than four (4) nor more than six (6) hours per day; and, 3) Part time unbenefited - Regularly scheduled to work less than four (4) hours per day. A reduction in hours that results in an employee moving downwards in layoff category shall constitute a layoff (e.g., an employee whose hours are reduced from six (6) hours per day to five and one-half (5½) hours per day shall be considered laid off). A reduction in hours that does not result in an employee moving downwards in layoff category shall not constitute a layoff (e.g., an employee whose hours are reduced from eight (8) to six (6) hours per day shall not be considered laid off).
5. Seniority shall be defined as the total length of continuous service within the District, regardless of job title and includes work in any of the unifying Districts prior to unification. In the event of a permanent layofftie, the Employer employee with the greatest continuous service in the affected job title shall make its best efforts be retained. Ties remaining thereafter shall be broken by drawing of lots by the OSEA Chapter 110 President or his/her designee and the District’s personnel administrator or his/her designee.
6. Employees to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in the following manner:shall be given advance notice of not less than twenty (20) District business days.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time 7. Employees who are to be laid off and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list have worked for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees District in a job group who comprise twenty percent (20%) of title within a lower pay grade than the job group. Any employee identified for layoff who is on the low seniority list and any employee who has one from which they have been displaced by another employee pursuant laid off shall be able to the above process may displace the position of “bump” the least senior employee in the former job title and in the same benefit category on the low seniority list provided the employees possess substantially equal qualificationsbasis of seniority, competence and efficiency as long as they worked in the opinion of former job title for the Employer.
6.4.1 Reduction District within the past five (5) years. Employees exercising this option shall be placed on the wage schedule in FTE/Reallocation of Staffing/Re-Bids: In the event pay grade which they have bumped at the Employer deems it necessary wage level closest to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days one they had prior to the re-bid or reallocation of FTE’sbeing laid off. In the case of an FTE reduction, the Employer shall use The District will provide employees on layoff with the same procedure insurance they had prior to layoff for a period of three (3) months. Such insurance coverage may be continued by the laid off employee after the three (3) month period at their own expense or as provided for under Article 6by law. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, Laid off employees who accept other employment shall not apply to reallocations be eligible for extension of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsgroup insurance.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs If a reduction in the work force, as determined by the City Manager is necessitated by, but not limited to, the following: a material change in duties or organization, adverse working conditions, return of employee from leave of absence, or shortage of work or funds; the City Manager shall notify the affected employee(s) of the intended action and the reason for the layoff. Immediately following a decision which may involve the potential layoff of employees, the City Manager shall freeze all current vacancies in the Police Department in similar and related classifications to those likely to be targeted for layoff, and notify the Police Chief that such current and anticipated vacancies will be frozen until further notice. As determined by official City payroll records: all service in the employ of the City shall be counted toward the establishment of an employee's City Seniority Service Date, including, for example, permanent, probationary, provisional, temporary (full-time and intermittent), as well as leaves of absences for obligatory military service while an employee with the City. Less than full-time service will be consolidated in equivalences of full-time service for the purpose of establishing the City Seniority Service Date. Time off as a result of formal disciplinary action will be subtracted from the City Seniority Service Date. All full-time services in the employ of the City in a promotional rank above the entry level rank shall be counted toward the establishment of an employee's Seniority Service Date for that rank, including probationary and permanent status service as well as leave of absences for obligatory military service while an employee of the City. Time off as a result of disciplinary action will be subtracted from the Rank Seniority Service Date. In computing both City and Rank Seniority, all time spent on paid leave of absence shall be included and all time spent on unpaid leave of absence shall be excluded. Unpaid absences equal to or greater than one full pay period will extend the Adjusted Service Date, which governs vacation accrual advancement. The Adjusted Service Date referenced within this section shall not apply in the determination of Departmental seniority within the Police Department when used for the purposes of vacation signup, shift signup, or any other bidding process that orders the selection process by department and shift Departmental seniority. Departmental seniority will be based upon the date hired without respect to any leaves of absence approved by the Police Chief or associated to time off protected by the Family Medical Leave Act (See Appendix EFMLA). In Whenever a layoff of one or more employees becomes necessary, as defined above, such layoffs shall be made according to classification Seniority Lists. Upon receiving notification that the event City Manager will proceed with a possible reduction in the work force, and following receipt of a permanent layoffinformation concerning the specific positions involved, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending Human Resources Division will establish separate Probationary and Permanent Seniority Lists for each classification targeted for layoff. Subject to The names of all City employees holding permanent and probationary status appointments in a given classification will be listed on the provisions appropriate list in descending order by City Seniority Service Date in the entry level positions and by Rank Seniority Service Date in the promotional position of Section 6.2 abovePolice Sergeant. Except as provided in retreat rights below, employees on all lists shall be laid off on the basis of their Seniority Service Date, (i.e., employees with the least amount of total service shall be laid off first). All emergency, temporary, and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent status employees. Employees on the Probationary Status Seniority List for a specific classification will be laid off prior to employees on the Permanent Status Seniority List for that class. Probationary or permanent status employees temporarily acting out of classification or holding a provisional appointment in another classification will only be listed on a Seniority List of the class in which they hold permanent or probationary status targeted for layoff. If two (2) or more employees on a Seniority List have identical Seniority Service Dates, the tie shall be broken based on established Departmental procedures for awarding serial numbers in such instances. Before an employee with permanent or probationary status may be laid off from employment with the City of San Leandro, consideration must be given to the employee's right to voluntarily demote to a lower level classification from which he or she was originally promoted or any subsequently created intermediate level classification for which the employee possesses the basic minimum qualifications. In the process of retreating, the Rank Seniority Date List shall be utilized. Employees with the least amount of Rank Seniority shall retreat first. Any voluntary demotion to a rank below the employee's current rank shall be based on a Rank Seniority Date which is derived from a combination of all credited service in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time rank to which the employee has voluntarily demoted and part-time employeesall credited service in higher ranks held on a probationary or permanent status. The demoting employee has a right to be retained in the highest pay step possible, which is equal to or less than his or her present pay step. An employee who has been displaced due to involved in a layoff may accept the layoff or may displace the position does not have a right of any employee on the low seniority list for the employee's job groupmandatory placement to positions with a higher pay step, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority listi.e. promotion. The low seniority list consists of the least senior Provisional employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights notified individually, in writing, of pending layoff as outlined in Section 6.4soon as possible, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor with no less than fifteen (15) calendar days' notification if targeted for reallocation of staffing and re-bidsrelease or reassignment.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Layoff. Layoffs shall be by department and shift (See Appendix E). a) In the event of a permanent layofflayoff within a job classification in one department, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees probationary Employees within that job classification in one department shall be laid off first without regard to their individual periods of employment. Non-probationary Employees shall be the next to be laid off on the basis of their bargaining unit
(b) In the event an Employee is scheduled to be laid off in one department and there exists a vacant position in another department which the Employee has the skill and the ability to perform, bargaining unit seniority within the affected job classification shall prevail in assigning such Employees to be laid off to such vacant jobs. This provision is not intended to circumvent the article on promotions.
(c) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, such employee will be assigned to the position held by the least senior employee in the following manner:same classification and department, provided he/she has the skill and ability, work record and experience to perform the duties of the job. The least senior employee shall be laid off. In the event the employee originally scheduled to be laid off does not wish to exercise his/her rights to bump or take a vacancy which may be available, such employee shall be deemed to be laid off.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An (d) In the event that an employee who has been displaced due is reassigned to either a layoff may accept the layoff vacant position or may displace the position of any held by the least senior employee on within the low seniority list for job classification and department, he/she shall serve an eight (8) week probationary period, during which he/she may be removed from the employee's job group, provided the employees' qualifications, competence position and efficiency are considered substantially equal shall be laid off if his/her performance is not satisfactory in the opinion of Management, but such action will be subject to Article 31 of this Agreement (Grievance Procedure).
(e) A non-probationary Employee shall not be laid off if, at the Employertime of the prospective layoff, and provided further temporary work is available in the classification of the Employees scheduled to be laid off that the employee who was initially displaced Employee is qualified to perform and the Employee accepts the assignment and schedule required of the temporary position. At the time of the layoff, it should be the Employee’s option to accept such assignment or to exercise rights under the layoff and recall provision of this Article.
(f) If the Employee accepts such assignment, the Employee is not on laid off and remains an Employee with recall rights commencing from the low seniority listeffective date of layoff stated in the Notice Letter. The low seniority list consists At the end of the least senior employees temporary assignment, if another temporary assignment, for which the employee is qualified, is not available the Employee will be laid off and receive severance pay equal to the difference between the weeks in a job group who comprise twenty percent (20%) the temporary assignment and the severance pay as outlined under Article 20 of the job groupcollective bargaining agreement, if any. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event that a non-temporary position exists at the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, end of the Employer temporary assignment the above recall procedures shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’sapply. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall This provision will not apply to reallocations probationary employees.
(g) If a regular part-time Employee has greater equivalent seniority than a full-time Employee in the same classification who is to be laid off, the part-time Employee must be willing to accept full-time employment to continue working.
(h) The Employer agrees to give the Employee to be laid off four (4) weeks notice of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsa layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). In the event of a permanent layoff, reduction in the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions working force of Section 6.2 abovea job classification, employees working within the job classification, department, and shift affected shall be displaced in reverse order of seniority.
A. Employees displaced in accordance with this section may elect to be laid off off, or in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job groupalternative, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the shall bump other least senior employees in a job group who comprise twenty percent (20%) of the job groupas follows:
1. Any The displaced employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of shall bump the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency working in the opinion same job classification and department on another shift. If there is no one to bump, then,
2. He shall bump the least senior employee regardless of shift in an equal rated job classification in any department provided he has successfully held such job with the Company for a period of not less than three (3) months (the classification of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In employee to be bumped). A ten (10) working day trial period will not be required if the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedulesclassification had been held as stated. If not successful above, the Employer displaced employee shall notify be given an opportunity to bump a less senior employee in any department or classification in which they have the union ability to perform the minimum duties of that job. If there is a dispute as to employee’s ability to perform the job, it will be resolved by the Plant Manager / Human Resources Representative, Committee Chairman and the employees a minimum of 7 days employee prior to the re-bid or reallocation of FTE’sbump. In If the case of an FTE reductionbump is allowed, a ten (10) working day trial period will be given and if the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited employee fails to demonstrate to the shift and/or department; Company the ability to perform the job they shall then relinquish all rights to any other bumping rights option other than a less senior employee in the helper classification.
B. In no event will an employee be allowed to bump upward.
C. The Company shall give at least seven (7) calendar days notice to employees that are to be laid off, provided however that this applies only to the original employee(s) and not to employees that may be bumped as outlined in Section 6.4a result of the announced layoff. The Union will be given a list of the original employees to be laid off and also a list of successive laid off employees.
D. Employees who leave the Company area after being told of the layoff without making their bumping plans known to their supervisor or the Plant Manager / Human Resources Representative will be considered to have elected to be placed on layoff and that they will not exercise bumping.
E. When an employee terminates for any reason, shall not apply or when an employee requests tools to reallocations be removed from Company premises, that portion of staff and re-bidsthe tools that are being purchased on a payroll deduction basis by the employee will be released only to the extent that the tools have been paid for by the person. Seniority shall If only a portion of the tools have been paid for at layoff or termination, only that portion of the tools may be removed from the determining factor for reallocation of staffing and re-bidsCompany premises.
Appears in 2 contracts
Sources: Collective Bargaining Agreement (Boston Gear LLC), Collective Bargaining Agreement (Altra Holdings, Inc.)
Layoff. Layoffs 1. When the District is contemplating the layoff of any employee, it will notify the Union as soon as the need for such a reduction is evident and prior to making such a recommendation to the School Board. The notice will be in writing and will include the specific positions to be affected, the proposed time schedule, and reasons for the proposed action. Notice to the Union shall be by department no less than twenty (20) District business days prior to the effective date of any layoff and shift shall be issued prior to notification being issued to the affected employee(s).
2. The Union shall be provided the opportunity to present its position on any proposed layoff’s and to present any alternatives to layoffs to the Board prior to the Board’s final action.
3. In the event it becomes necessary to lay off employees for any reason, the affected employees shall be laid off within the layoff categories described in Section A paragraph 4 of this Article in the reverse order of their seniority unless the District wishes to retain a less senior employee on the basis of greater skill, ability or qualifications. In such cases, the District shall have the burden of proof for such action. Layoffs will be made within job title classifications.
4. Employees shall be laid off from their position with a specific job title within the following categories, specifically associated with their eligibility for benefit: 1) Full time - Regularly scheduled to work six (See Appendix E6) or more hours per day; 2) Part time benefitted - Regularly scheduled to work not less than four (4) nor more than six (6) hours per day; and, 3) Part time unbenefited - Regularly scheduled to work less than four (4) hours per day. A reduction in hours that results in an employee moving downwards in layoff category shall constitute a layoff (e.g., an employee whose hours are reduced from six (6) hours per day to five and one-half (5½) hours per day shall be considered laid off). A reduction in hours that does not result in an employee moving downwards in layoff category shall not constitute a layoff (e.g., an employee whose hours are reduced from eight (8) to six (6) hours per day shall not be considered laid off).
5. Seniority shall be defined as the total length of continuous service within the District, regardless of job title and includes work in any of the unifying Districts prior to unification. In the event of a permanent layofftie, the Employer employee with the greatest continuous service in the affected job title shall make its best efforts be retained. Ties remaining thereafter shall be broken by drawing of lots by the OSEA Chapter 110 President or his/her designee and the District’s personnel administrator or his/her designee.
6. Employees to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in the following manner:shall be given advance notice of not less than twenty (20) District business days.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time 7. Employees who are to be laid off and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list have worked for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees District in a job group who comprise twenty percent (20%) of title within a lower pay grade than the job group. Any employee identified for layoff who is on the low seniority list and any employee who has one from which they have been displaced by another employee pursuant laid off shall be able to the above process may displace the position of “bump” the least senior employee in the former job title and in the same benefit category on the low seniority list provided the employees possess substantially equal qualificationsbasis of seniority, competence and efficiency as long as they worked in the opinion of former job title for the EmployerDistrict within the past five (5) years. Employees exercising this option shall be placed on the wage schedule in the pay grade which they have bumped at the wage level closest to the one they had prior to being laid off.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In 8. The District will provide employees on layoff with the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days same insurance they had prior to layoff for a period of three (3) months. Such insurance coverage may be continued by the re-bid laid off employee after the three (3) month period at their own expense or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6by law. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, Laid off employees who accept other employment shall not apply to reallocations be eligible for extension of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsgroup insurance.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. Layoffs A. All Employees discharged from work must be notified by the working ▇▇▇▇▇▇▇ or other representative of the Employer on the job during working hours and shall receive pay in full at that time. An Employer whose principal place of business is located within the Northeast Region’s jurisdiction may pay a laid-off Employee by mailing a check to the Employee’s home address no later than the next business day following the layoff. If any such check is postmarked beyond the next business day following the layoff, a two (2) hour penalty shall be assessed against the Employer. An Employer whose principal place of business is located outside of the Northeast Region’s jurisdiction must pay all laid-off Employees, in full, on the day of the layoff. Notification of discharge must be no later than one-half (½) hour prior to the end of the working day; and after the Employee has picked-up his tools and belongings, he shall then leave the job. Employees shall receive not less than a full day’s pay for the day of discharge. All Employees who quit will be paid on the next regular payday. All discharged Employees shall, at the same time they receive their pay, receive a written statement of separation giving the reason for discharge and signed by department the working ▇▇▇▇▇▇▇ or other representative of the Employer. If Employees are discharged by telephone, telegram, letter or other means of communication while off the job site, the show-up rate shall be paid for picking-up tools and shift (See Appendix E)personal belongings, if required to return. When an unplanned layoff occurs or when a job ends at a time when the Employer’s office is closed, layoff checks will be available for pick-up at the Employer’s office by ▇▇▇▇ on the following business day. In the event the checks are not picked-up by the end of a permanent layoffthe business day, the checks will be mailed the same day.
B. Any Employer failing to comply with these requirements will be subject to a penalty of waiting time as follows: The Employee’s pay shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular fullcontinue on a straight-time and partbasis until payment is made, not to exceed one (1) day’s pay for any twenty-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position four (24) hour period of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerwaiting.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs Lay-off, if necessary, will be done by classification and is based on seniority as follows. Prior to a lay-off of employees, individual service contracts will be released first and thereafter casual employees, and probationary employees, in that order, shall be released, provided that those retained have the qualifications, ability and skill to do the remaining work. Thereafter, seniority shall determine order of lay-off commencing with the employee with the least seniority, provided that the employees retained have the qualifications, ability and skill to do the remaining work. Notwithstanding the foregoing provision that lay-offs are to occur by department classification, employees may bump the least senior person in another classification provided they have the necessary qualifications, ability and shift skill, and can do the work required in the other job classification without training, other than a two (See Appendix E)2) day orientation.
(a) Employees displaced as a result of initially laid off employees exercising seniority rights shall have no further bumping rights and shall immediately revert to layoff status. In the event of a permanent layoff, Employees will inform the Employer shall make its best efforts of their decision to notify regular employees involved at least thirty bump or accept layoff within five (305) working days prior to of the impending receipt of notice of layoff. Subject to the provisions of Section 6.2 above.
(b) In a recall situation, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee recalled based on the low seniority list for the employee's job group, provided the employees' qualifications, competence skill and efficiency ability to perform the required work without training, other than a two (2) day orientation. Where qualifications, skill and ability are considered substantially equal in equal, seniority shall govern. If the opinion employee fails to return from lay-off within five (5) days of the mailing of the notice to do so, sent by registered mail to the last address provided by the employee to the Employer, and provided further that the employee who was initially displaced is not on the low shall lose all rights to his/her seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employeremployment.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules(c) For layoffs other than long term layoffs, the Employer shall notify and Union will meet and discuss the union and layoffs at the employees earliest opportunity. For anticipated layoffs the Employer will provide a minimum of 7 days prior two (2) weeks notice. This discussion will include the service which the Employer will undertake after the layoff.
(d) An updated seniority list will be provided to the reUnion at the time of lay-bid or reallocation off notice.
(e) Notice of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding layoff shall be limited given to each affected individual and will not be less than that provided under the shift and/or department; bumping rights as outlined Employment Standards Act.
(f) Severance pay will be paid in Section 6.4accordance with the Employment Standards Act.
(g) An employee, shall not apply upon long-term layoff, at his/her own expense, and except for short and long-term sickness and income protection, may continue benefit coverage for a period of nine (9) months following the layoff by arranging to reallocations of staff and re-bids. Seniority shall be pay the determining factor for reallocation of staffing and re-bidsfull premiums, in advance, on a quarterly basis.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E)In the event of a proposed layoff of a permanent or long term nature, the Employer will provide the Union with no less than 30 calendar days’ notice. In the event of a permanent layoffother layoffs, the Employer will provide the local Union with as much notice as possible but no less than notice in accordance with Employment Standards Act. Such notice shall make its best efforts not be in addition to notify regular notice provided to employees.
a. If requested, the Employer will meet with the local Union to review:
i. the reason causing the layoff;
ii. the service, which the Employer will undertake after the layoff;
iii. the method of implementation including the areas of cut-back and the employees involved at least thirty (30) days prior to be laid-off.
b. A layoff of employees shall be made on the impending layoffbasis of seniority provided that the employees who are entitled to remain on the basis of seniority are qualified to perform the available work. Subject to the provisions of Section 6.2 above, foregoing probationary employees shall be first laid-off. employees shall be laid off in the following mannerreverse order of Seniority.
c. An employee in receipt of notice may:
a. Temporary employees;i. accept the layoff; or
b. Probationary employees;
c. Regular full-time and part-time employeesii. An bump another employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low lesser bargaining unit seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) lower or identical paying classification for which they are qualified as per the normal position description, to meet the requirements of the job groupand perform the work, without training other than a brief familiarization or orientation.
iii. Any bumping outside the laid off individuals classification shall be allowed with the understanding that an employee identified for subject to layoff who is on chooses to bump, must bump the low seniority list and any employee with the less seniority, who has been displaced by another employee pursuant equal to or less scheduled hours than the above process may displace bumping employee, provided that the position individual bumping has the requirements of the job and can perform the work without training other than a brief familiarization or orientation of at least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event one (1) day (longer if the Employer deems it necessary necessary).
iv. All employees who are potentially affected shall be given notice, and should respond in writing within five (5) calendar days of receipt of notice.
v. An identical classification shall be deemed to reallocate staffingbe any classification where the straight time hourly wage rate is equal to or less than the classification the employee is being laid off from.
vi. It is understood, reduce FTE’s and/or that a full time employee can bump full time employees in identical classifications first, if s/he so chooses, before bumping a part time employee in the same classification as the laid off employee.
vii. Normally, an employee shall not be allowed to re-bid shift schedulesbump into greater hours or a higher paying classification. For the purpose of this, greater hours shall mean more than 10 hours than what the employee was normally had been scheduled for.
d. Employees shall be recalled in the order of seniority, unless otherwise agreed between the Employer and Local Union, provided that the employee is qualified to perform the available work.
e. Where a vacancy occurs in a position following a layoff, hereunder as a result of which an employee had been transferred to another position, the Employer affected employee will be offered the opportunity to return to her former position, provided such vacancy occurs within six (6) months of the date of layoff. Where the employee returns to her former position, there shall notify be no obligation to consider the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for vacancy under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids11.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs A. An employee may be laid off by the Employer in the manner herein provided when there is a lack of work or funds, which requires a reduction in personnel. Under this contract there will be no minimum number of bargaining unit employees that the City must retain at work, except those clerical employees remaining on the job as of October 1, 2012 shall not be subject to layoff during the term of this contract.
B. No regular employee shall be by department and shift (See Appendix E). In laid off while there are limited term, part-time, probationary or provisional employees serving positions in the event of a permanent layoffsame classification, nor shall any probationary employee be laid off while there are limited term, part-time or provisional employees serving in positions in the same classification.
C. When the need arises for laying off regular employees, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, individual employees shall be laid off in the following manner:inverse order of their seniority, as already defined.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An D. When the need arises for laying off of an employee who has been displaced due serving a promotional probationary period, such employee shall be returned to a position in the classification from which he was promoted and layoff may accept shall be made from said classification in the layoff manner herein provided.
E. Should the City determine to lay off an employee from a job classification with the least amount of City-wide seniority. This employee shall have the right to bump into ajob classification of equivalent or may displace lower compensation level, provided: (1) The bumping employee has more City-wide seniority than the position bumped employee; (2) the bumping employee is capable of any employee on performing the low seniority list for the bumped employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees with a minimum of 7 days four (4) week trial period.
F. The Employer shall furnish the Local Union President a list of the employees to be laid off two (2) weeks in advance of the layoff and a copy of the layoff notice shall be furnished to the employees two (2) weeks prior to being laid off.
G. Notwithstanding anything to the re-bid or reallocation contrary herein, contained in this collective bargaining agreement, seniority as utilized in the parties' collective bargaining agreement, including but not limited to, determining layoffs and bumping rights, shall be determined by the actual time that a bargaining unit member is employed by the City as an active member of FTE’sthe bargaining unit. In the case Any portion of an FTE reduction, employee's career of employment with the Employer shall use City that is served outside of the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, bargaining unit shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidscounted towards that employee's seniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs (a) A layoff shall be defined as a cessation of employment or the elimination of a job resulting from a reduction of the amount of work required to be done by department the Employer. A reduction in the number of an employee's scheduled hours of work does not constitute a layoff unless the employee has their hours reduced in excess of seven and shift one-half hours or more every two weeks for a period in excess of eight weeks.
(See Appendix E)b) If the Employer intends to reduce an employee's scheduled hours of work, a minimum of two weeks' written notice will be given to the employee. If the reduction of an employee's scheduled hours of work results in the loss of an employee's entitlement to benefits under Article 26 - Health and Welfare Benefits, the employee will retain their entitlement to such benefits during the first four weeks of the reduction of hours.
(c) In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off by job classification in reverse order of seniority within a classification.
(d) A laid off employee may bump the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An most junior employee who has been displaced due to a layoff may accept the layoff or may displace the position of in any employee on the low seniority list for the employee's job groupclassification, provided the employees' qualifications, competence laid off employee has more seniority and efficiency are considered substantially equal in is qualified and has the opinion ability to do the job of the Employerless senior employee. However, and provided further that the in no circumstances will an employee affect a promotion through a bump.
(e) A laid off employee who was initially displaced is not bumps the most junior employee shall be paid at the hourly rate of the classification they are bumping into, at the rate corresponding with their previous placement on the low seniority grid.
(f) Employees who are laid off will have the option of having their name included on both the casual call-in list for their department and the recall list. The low seniority list consists of the least senior Such laid-off employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and department manager in writing of their desire to be placed on the employees a minimum of 7 days prior to the recasual call-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidslist.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs shall A. The Hospital has the right to layoff technical employees to the extent the Hospital determines to be by department and shift (See Appendix E). necessary.
B. In the event it becomes necessary to reduce the size of the Hospital’s work force, the Hospital will notify the Association of such prospective layoff and, if requested, meet with the Association to discuss the effect of such a permanent layoff on the technical employees. Nothing herein shall preclude or postpone Hospital implementation of such layoff under the terms agreed upon in this article, notwithstanding that such layoff occurs during the pendency of meeting or discussion between the parties.
C. In the event layoff becomes necessary within any department of the Hospital, the Hospital shall initially seek volunteers for such layoffs. Full and part time technical employees with the greatest seniority shall be given priority in taking a voluntary layoff, provided the Employer technical employees remaining possess the qualifications, skill and ability necessary to perform the work normally performed by the senior technical employees without additional training. Should further reductions be necessary, contingency employees within the department shall make its best efforts to notify be laid off next, then probationary employees, regular part-time employees involved at least thirty (30) days prior to and regular full-time employees within the impending layoff. Subject to the provisions of Section 6.2 above, employees department shall be laid off in that order.
D. In the event a technical employee is subject to layoff in their department and a posted vacancy exists in another department, such employee shall have the option of transferring to such position if the employee possesses the qualifications, skill and ability necessary to perform the position. In the event two or more technical employees seeking such positions are equally qualified, they shall be assigned in accordance with bargaining unit seniority with the most senior person being placed first. For purposes of this paragraph, a vacancy shall be deemed to exist in any job classification in which an unfilled posted vacancy exists or a temporary, probationary, or contingency employee is employed. A technical employee designated for layoff shall be given preference to fill any posted vacancy for which the employee possesses the qualifications, skill and ability necessary to perform the position. Any technical employee who elects not to transfer into such vacant position shall be laid off.
E. In the event there is no available vacant position into which a technical employee subject to layoff can be transferred, such employee may exercise one of the following manneroptions:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees1. An employee who has been displaced due to a layoff may accept Accept the layoff or may displace with the position right to recall as specified in the Recall paragraph of any employee on this article or
2. Seek to bump the low seniority list for the least senior bargaining unit technical employee's job group, provided the employees' technical employees remaining possess the qualifications, competence competency, skill and efficiency are considered substantially equal ability necessary to meet service need as determined by the Director.
F. Any technical employee who desires to exercise the option to displace another technical employee in lieu of accepting a layoff must notify the Hospital of the desire to displace within forty-eight (48) hours after notice of layoff. Failure to give timely notice shall result in the opinion forfeiture of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerthis option.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs Section 1. A layoff is defined as a separation from the service for involuntary reasons not reflecting discredit on an employee. An employee shall be by department and shift given written notice of layoff as far in advance as possible but not less than fifteen (See Appendix E)15) calendar days before the effective date, stating the reasons for the layoff.
Section 2. In the event of a permanent layoff, the Employer The layoff procedure shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off occur in the following manner:
a. A. The OEM shall recommend and OMD shall determine the specific positions to be vacated and employees in those positions shall be notified of layoff. The OEM shall notify, in writing, all affected employees of their service credits and contractual bumping rights. The OEM shall notify the Union in writing of the service credits of all employees in all affected positions. The OEM shall also post a copy of the service credits of all affected positions on employee bulletin board(s).
B. Temporary employees working in the classification and geographic area in which a layoff occurs shall be terminated prior to the layoff of trial service or regular employees;.
b. Probationary employees;C. Employees shall be laid off and service credits calculated within a geographic area and within the following separate categories:
c. Regular 1. Permanent full-time and positions
2. Permanent part-time employeespositions
D. An employee notified of a pending layoff shall be placed into an available vacant position or displace the employee in their geographic area with the lowest service credits in the same classification or equivalent salary range in which the employee previously held regular status, including any predecessor classifications for which he/she is qualified. If a position is not available in the same geographic area, then the employee shall select one (1) of the following options and communicate such choice in writing to the OMD HR Office within five (5) business days after receipt of layoff notification of the option selected. Employees will be placed into available vacancies prior to displacing employees with lowest service credits for the option selected, either 1, 2 or 3.
1. The employee may be placed into an available vacant position or displace an employee with the lowest service credits in the same classification statewide for which he/she is qualified.
2. The employee may demote into an available vacant position or demote to the lowest service credits position in any classification for which he/she is qualified within the geographic area. Employees who elect to demote shall be placed on any geographic area layoff list of his/her choice within the OMD for the classification from which he/she demoted.
3. The employee may demote into an available vacant position or demote to the lowest service credits position in any classification for which he/she is qualified statewide. Employees who elect to demote shall be placed on eligible geographic area layoff list(s), of his/her choice within the OMD for the classification from which he/she demoted.
4. The employee may elect to be laid off. An employee who has been displaced due elects to a layoff may accept the layoff or may displace the position of any employee be laid off shall be placed on the low seniority OMD layoff list for the employeerepresented service classification from which laid off.
E. To be qualified for the options under Section 2(D) (1), (2) and (3), the employee must meet all of the minimum qualifications for the position's job group, provided classification and must be capable of performing the employees' qualifications, competence and efficiency are considered substantially equal specific requirements of the position as stated in the opinion position description within approximately thirty (30) days. An employee who is seeking to bump another employee has no right to a trial service period of any duration in the Employer, and provided further that position into which the employee who was initially displaced is not on the low seniority listattempting to bump. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedulesFurther, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.approximate thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E)
30:01 Both parties recognize that job security should increase in proportion to length of service. In Therefore, in the event of a layoff, permanent layoffemployees shall be laid off within their classification in the reverse order of their bargaining unit wide seniority.
30:02 If a reduction of permanent employees is necessary due to a shortage of work or for reasons beyond the control of the Employer, the Employer shall make its best efforts meet with and advise the Union of the proposed reduction and the jobs affected prior to layoff notices being issued.
30:03 The Employer shall notify regular employees involved at least who are to be laid off thirty (30) days prior to the impending effective date of the layoff. Subject The notice shall give the reasons for the layoff and its expected duration. If an employee has not had the opportunity to work the days as provided in this Article, he shall be paid for the days in which work was not made available.
30:04 Employees laid off shall be placed on a reemployment list with a copy furnished to the provisions of Section 6.2 above, employees Union and shall be called back to work as required within their classification beginning with the most senior employee and descending from there.
(a) Notice of reemployment to an employee who has been laid off shall be made by registered mail to the last known address of such employee filed by the employee. If an employee fails to reply within one (1) week of such recall notice, which shall be stated in the following manner:notice of recall, the employee’s services are terminated.
a. Temporary employees;(b) An employee who is recalled for work, shall be allowed a minimum of two (2) full weeks to report to work or such longer period of time as may be agreed upon by the Employer and the employee.
b. Probationary employees;30:06 No new employee shall be hired until those laid off have been given an opportunity of recall.
c. Regular full-30:07 By written agreement, the employee may elect to terminate and receive Retirement/Termination Allowance, as provided in Article 49 at the time of layoff and thus waive his/her right to be placed on the reemployment list. In any case, the employee shall automatically be terminated after twelve (12) months of continuous layoff at which time the employee will be paid any Termination Allowance to which the employee is entitled.
30:08 When a dispute arises concerning an employee’s layoff, he/she may grieve commencing at Step 2 of the Grievance Procedure.
30:09 For part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position , accumulated service is used for purposes of any employee on the low seniority list for the employee's job grouplayoff, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerseparate from full-time.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs a. If the College determines a reduction in staff in a regular, internally funded position is necessary due to economic necessity, the layoff will occur in the following order within the affected department position and job status (full- time for full-time positions/part-time for part-time positions): probationary employees will be laid off first followed by the least senior employees, provided the remaining employees presently have the necessary qualifications (including but not limited to training, experience, skill, ability and availability) to efficiently perform the required work. Those members affected under this subsection shall be by department and shift (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days notified as soon as feasible prior to the impending layoffeffective date of the layoff that their positions are to be eliminated but in no event less than 60 calendar days. Subject to Salary and benefits will continue throughout the provisions of Section 6.2 abovenotification period if the layoff begins before the period is satisfied.
b. If the College determines a reduction in staff is necessary in a position funded 50% or more through external funding, grants, contracts or the like, the layoff will occur in the following order within the affected department, position and job status (full-time for full-time positions/part-time for part- time positions): probationary employees shall will be laid off in first followed by the following manner:
a. Temporary least senior employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualificationsremaining employees presently have the necessary qualifications (including but not limited to training, competence experience, skill, ability and efficiency are considered substantially equal in availability) to efficiently perform the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority listrequired work. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer Those members affected under this subsection shall notify the union and the employees a minimum of 7 days be notified as soon as feasible prior to the re-bid or reallocation effective date of FTE’s. the layoff.
c. In the case of an FTE reductionthe same hire date, in the presence of the Association president, employee names will be drawn by Human Resource’s personnel. The employee’s name drawn is the one to be laid off.
d. The Association will be notified of all affected members at the time the members are notified of the layoff. A member being laid off will be allowed Association representation if requested.
e. During the first year of layoff, the Employer shall use the same procedure as provided College will automatically consider a laid off member to be a candidate for under Article 6any vacant bargaining unit position, and such member will be given an opportunity to interview in appropriate circumstances. In the case of reallocations of staffing or re-bids, bidding shall be limited Affected members are encouraged to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply contact Career Employment Services which will provide outplacement assistance to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidslaid off employees.
Appears in 1 contract
Sources: Memorandum of Contract Changes
Layoff. Layoffs (a) If a reduction in force is necessary, layoffs shall take place in the inverse order of the date of hire into the Lieutenant’s job classification.
(b) NJIT shall simultaneously provide the NJSOLEA and the Lieutenant(s) concerned a two (2) week notice of layoff. NJSOLEA may request and have scheduled a meeting with the Manager of Labor Relations to discuss possible alternatives; however, the final discretion rests with NJIT.
(c) When a Lieutenant is scheduled for a layoff due to reduction or reorganization in the workforce, he/she shall be permitted, to the extent permitted by department law, to exercise his/her seniority rights to replace (bump) a Sergeant or other commissioned police officer with less seniority provided the Lieutenant with greater seniority is qualified in all respects to perform the work of the bumped officer in accordance with the prevailing job description for that position.
(i) The NJSOLEA may discuss any questions of “qualifications” with the Manager of Labor Relations through the labor management committee established under Article VI, Labor/Management Committee, of this Agreement.
(ii) A Lieutenant with no previous commissioned police officer experience at NJIT, who successfully exercises his/her bumping privileges into a commissioned police officer position, shall serve a ninety (90) day performance based probationary period. During said period, if NJIT is not satisfied with the Lieutenant’s performance, but not earlier than sixty (60) days into the probationary period, it will then place such Lieutenant on layoff. A Lieutenant thus laid off shall remain entitled to recall for the remainder of the recall period but shall not be entitled to bump again unless recalled and shift he/she successfully completes the associated probationary period after which he/she is again laid off. Existence of the probationary period satisfies the notice of layoff requirement. Nothing herein waives or modifies the right of NJIT to terminate a Lieutenant for just cause at any time. Discharge during the probationary period is not grievable.
(See Appendix E). In iii) Salary Range and Step placement for a Lieutenant, successfully exercising the event of a permanent contractually authorized bumping privilege, shall be as follows:
(1) The Lieutenant shall be placed at the same or nearest higher step on the commissioned police officer or Lieutenant’s salary range from that step occupied prior to layoff, if available in the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to range. If not available within the impending layoff. Subject to range, then the provisions of Section 6.2 above, employees Lieutenant shall be laid off in placed at the following manner:closest step available within the appropriate range.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time (d) The parties hereto commit to work together toward minimization of departmental, university and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion bargaining unit disruption caused by implementation of the Employer, contractually authorized layoff and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerbumping scheme.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs 176 Seniority Defined. Seniority is defined as days of continuous accrued service ("length of service") within any classification with the City. For layoff purposes all time on Worker's Compensation and Military Leave shall be added to this computation. 177 Provisional or acting appointment to a classification shall not be construed as service in such classification unless such appointment was to a probationary or part-time status in that classification. 178 Whenever there is lack of work, lack of funds, substantive change in duties or organization, return of an employee from leave of absence, or other valid reasons requiring reduction of personnel in a department or division of the City government, the required layoffs shall be made, in job classifications set forth in the classification plan of the City of Richmond, by department the City Manager or designee in accordance with the following procedures: 179 All possibilities for a transfer to a vacant position must be exhausted before notice of ▇▇▇▇▇▇ is given. 180 Whenever layoff of one or more employees becomes necessary, as defined in Article XIII of the City Charter and shift this section, such layoff shall be made by seniority within classification on a City-wide basis when employees with permanent appointments in the class are involved. 181 Whenever the effective date of appointment to a classification is the same for two or more employees, the original date of hire as a probationary or permanent part-time employee shall be used to determine which employee has greater length of service within the classification. The employee with the earliest permanent hire date shall be considered to have seniority in the classification in this situation. Whenever two or more employees subject to layoff have the identical seniority, the order of layoff will be determined by lot, and the selection witnessed by a representative of the Union. 182 At least three weeks prior to the effective date of a proposed layoff, the Department Head shall notify the Director of Human Resources Management of the proposed action with the reason therefore. At least two weeks prior to the effective date of a proposed layoff, the Human Resources Director shall notify the affected employee and the Union of the proposed action. The City will notify the Union when it has made a firm decision to effect layoffs. Upon notification to the Union, the City and Union will meet without delay, provided that such meeting shall not result in delays in layoffs. All employees faced with such notice shall, in the absence of an active disciplinary action, be considered eligible for rehire. If disciplinary procedures are in progress for any such employee, said individual may be laid off, but must be accorded all employee rights to exhaust appropriate appeal processes prior to final implementation of the layoff. 183 An employee designated to be laid off may exercise “bumping" rights to a previously held classification provided that his/her seniority (See Appendix E)date of hire) in that classification exceeds the seniority (date of hire) of at least one employee in the classification. 184 An employee who has been laid off to a lower class or a comparable class with a lower salary will receive the salary step in the lower range closest to, but not exceeding his/her salary, or exceeding the top step of the lower range. 185 No employee holding a permanent appointment in the class from which ▇▇▇▇▇▇ is to be made shall be laid off unless all provisional, acting and probationary employees City wide in the affected classification have first been laid off. 186 In the event of layoff the City shall prepare a list of employees in each section of the City's classified service which are subject to layoff. Said list shall serve as the basis for placement on a reemployment list. Reemployment shall occur in the order of cumulative time served (date of hire) in the classification(s) in which the employee has established eligibility. The City will insure that said list will be presented to the Union Board of Directors at least five (5) days prior to the first "meet and confer" session. 187 Employees who are rehired into a classification other than the one from which they were laid off shall have the right to be reinstated into their previous position for a period of three (3) years in the event that vacancies occur in the classification or new positions are created after they are rehired. 188 The Director of Human Resource Management or a designee shall create and cause to be maintained a list of comparable classifications if any, for every classification in the classified service. Employees subject to layoff who do not possess bumping rights will be considered for transfer to vacant positions outside the employees’ current classification but within the bargaining unit as set forth in the comparable classification list. 189 An employee may volunteer to be laid off and placed on a reemployment list on the basis of seniority and comparability of assignment. 190 Interested employees who are placed upon a reemployment list due to layoff and who elect to be available for temporary work shall be given preference for such work in their former department in the classification from which they were laid off. The election to be available for temporary work must be made at the time of layoff. Employees may decline to be available for temporary work or may decline such work itself without affecting any right held. In no instance shall an employee hired for temporary work serve in their position for a period to exceed 180 calendar days. If the City wishes to continue the employment services beyond the 180 day period, that employee shall be deemed to be recalled and returned to their previously held position with full time benefit and salary status. All employees hired in to temporary positions shall be paid at the level of compensation consistent with their classification and be given prorated benefits. 191 In the event an employee is offered and fails to accept a reassignment or transfer to a comparable position or a formerly held position in lieu of layoff, that employee shall be deemed to have been offered and declined such work and voluntarily terminated from the classified service. An employee in such a situation shall be removed from the reemployment list regardless of seniority. 192 No name shall be carried on a reemployment list for a period longer than two (2) years and the names of persons reemployed in a permanent layoff, position within the Employer same classification shall make its best efforts upon reemployment be dropped from the list. A refusal to notify regular employees involved at least accept two (2) offers of reemployment within the same classification shall cause the name of the person to be dropped from the reemployment list. 194 A permanent management employee who is laid off due to reduction in force shall be entitled to severance pay in the amount of six (6) days of unused sick leave for each year of continuous service up to a maximum of thirty (30) days prior to the impending layoffpay. Subject to the provisions of Section 6.2 above, employees shall be Any such employee who is laid off and subsequently reemployed by the City shall only be entitled to receive severance pay for those work days during which the individual was not in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employeremployment status.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Memorandum of Understanding
Layoff. Layoffs 1. When the District is contemplating the layoff of any employee, it will notify the Union as soon as the need for such a reduction is evident and prior to making such a recommendation to the School Board. The notice will be in writing and will include the specific positions to be affected, the proposed time schedule, and reasons for the proposed action. Notice to the Union shall be by department no less than twenty (20) District business days prior to the effective date of any layoff and shift shall be issued prior to notification being issued to the affected employee(s).
2. The Union shall be provided the opportunity to present its position on any proposed layoff’s and to present any alternatives to layoffs to the Board prior to the Board’s final action.
3. In the event it becomes necessary to lay off employees for any reason, the affected employees shall be laid off within the layoff categories described in Section A paragraph 4 of this Article in the reverse order of their seniority unless the District wishes to retain a less senior employee on the basis of greater skill, ability or qualifications. In such cases, the District shall have the burden of proof for such action. Layoffs will be made within job title classifications.
4. Employees shall be laid off from their position with a specific job title within the following categories, specifically associated with their eligibility for benefits: 1) Full time - Regularly scheduled to work six (See Appendix E6) or more hours per day; 2) Part time benefitted - Regularly scheduled to work not less than four (4) nor more than six (6) hours per day; and, 3) Part time unbenefitted - Regularly scheduled to work less than four (4) hours per day. A reduction in hours that results in an employee moving downwards in layoff category shall constitute a layoff (e.g., an employee whose hours are reduced from six (6) hours per day to five and one-half (5½) hours per day shall be considered laid off). A reduction in hours that does not result in an employee moving downwards in layoff category shall not constitute a layoff (e.g., an employee whose hours are reduced from eight (8) to six (6) hours per day shall not be considered laid off).
5. Seniority shall be defined as the total length of continuous service within the District, regardless of job title and includes work in any of the unifying Districts prior to unification. In the event of a permanent layofftie, the Employer employee with the greatest continuous service in the affected job title shall make its best efforts be retained. Ties remaining thereafter shall be broken by drawing of lots by the OSEA Chapter 110 President or his/her designee and the District’s personnel administrator or his/her designee.
6. Employees to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in the following manner:shall be given advance notice of not less than twenty (20) District business days.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time 7. Employees who are to be laid off and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list have worked for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees District in a job group who comprise twenty percent (20%) of title within a lower pay grade than the job group. Any employee identified for layoff who is on the low seniority list and any employee who has one from which they have been displaced by another employee pursuant laid off shall be able to the above process may displace the position of “bump” the least senior employee in the former job title and in the same benefit category on the low seniority list provided the employees possess substantially equal qualificationsbasis of seniority, competence and efficiency as long as they worked in the opinion of former job title for the EmployerDistrict within the past five (5) years. Employees exercising this option shall be placed on the wage schedule in the pay grade into which they have bumped at the wage level closest to the one they had prior to being laid off.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In 8. The District will provide employees on layoff with the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days same insurance they had prior to layoff for a period of three (3) months. Such insurance coverage may be continued by the re-bid laid off employee after the three (3) month period at their own expense or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6by law. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, Laid off employees who accept other employment shall not apply to reallocations be eligible for extension of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsgroup insurance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 31.1 Bargaining unit employees shall not be laid off if the City is using temporary employees to do their work. Temporary employees will not be utilized to do the work of bargaining unit employees on the layoff list.
31.2 Layoffs are that the discretion of the City. A layoff is defined as a separation of employment. Layoffs may be due to an elimination of positions. An employee shall be by department and shift (See Appendix E). In given written notice of layoff or pay in lieu of notice, at the event of a permanent layoffemployee’s option, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) calendar days prior before the effective date, stating the reasons for the layoffs, and the options the employee has (see below). The employee shall have seven (7) calendar days from the receipt of the layoff letter to notify the City of the employee's option. A copy of the layoff letter shall also be forwarded to the impending Union. Upon request by the Union, the City shall meet with the Union to discuss alternatives to layoff. Subject to the provisions of Section 6.2 above, employees .
31.3 The layoff procedure shall be laid off occur in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position (a) The City shall notify, in writing, all affected employees of any employee on the low seniority list for the employee's job group, provided seniority and the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority listemployee's contractual rights. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer City shall notify the union Union of the seniority of all employees in all affected positions in writing.
(b) The City shall determine the specific positions to be eliminated and employees in those positions shall be notified of layoff. If the City selects positions occupied by employees who have greater seniority than other employees with the same classification in a minimum of 7 days prior department, the City shall meet with the Union to the re-bid or reallocation of FTE’sdiscuss its decision. In Except in the case of a medical layoff where the parties engaged in the interactive process, an FTE reduction, employee who is notified of layoff shall have the Employer shall use following options:
(1) Accept the layoff.
(2) Request assignment to a vacant position within the City for which he/she possesses the necessary qualifications.
(3) Displace the employee with the lowest seniority in the same procedure as provided classification in the designated layoff area if the employee is qualified for under Article 6that position.
(4) Displace the employee with the lowest seniority in a classification with a lower pay range in the designated layoff area if the employee is qualified for that position.
(5) Displace the employee with the lowest seniority in a classification in the designated layoff area in which the employee has prior service. In the case of reallocations of staffing or re-bids, bidding Displaced employees shall be limited allowed to select option 1 through 3 above. If there is no position available via those options the employee may select either option 4 or 5.
(c) For the purpose of this Article, if passing a test is a requirement for new hires for a particular position, a "qualified" employee must pass or have passed the test new hires must pass to be considered for the position.
(d) For the purpose of this Article, “designated layoff area” shall be considered to be: (1) Public Works* (2) Community and Economic Development* (3) Finance, Information Systems, GIS, and Municipal Court (4) Mayor’s Office and Programs, City Attorney (5) Library (6) Police *Support Specialist positions in Public Works and Community and Economic Development may bump between these two (2) departments. Facility Maintenance positions and Site Development Division employees shall have Public Works as their designated layoff area.
31.4 Employees who displace an employee in a lower classification shall go to the shift and/or department; bumping rights as outlined step closest to, but not higher than, their current salary.
31.5 Ties in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority seniority shall be the determining factor for reallocation broken by date of staffing and re-bidsapplication. If a tie still exists, it shall be broken by lot.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs Any employee who is laid off unjustly and is reinstated shall be by department reinstated in his former position, if it is available and shift (See Appendix E). In shall receive retroactive pay from the event time of a permanent layoff, his lay off at the Employer shall make its best efforts to notify regular employees involved wage being paid at least thirty (30) days prior to the impending layoff. Subject to the provisions time of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’slay off. In the case of an FTE reduction, the Employer shall use Company giving notification of lay off during the same procedure as provided for under Article 6day prior to the lay off actually occurring then the employee must submit this and in any case before the expiration of his employment. In the case of reallocations the Company not giving notice prior to the day on which the lay off occurred, then the employee shall have a three hour period without pay on the work day immediately after the day of staffing or re-bids, bidding lay off to submit his grievance. A lay off shall be limited interpreted as referring to a period of time of eight hours per work day or greater. Periods of time less than hours per work day are a reduction of hours. would be laid off except where no other person with the qualified experience is available. The affected employees in the department may displace a less senior employee in his department providing he has the skill and ability to perform the work required. The bottom senior employees in the department would be placed by skill and ability into the otherjobs left vacant by the lay off. (al Persons replacing employees who are in a lay off position shall continue to receive their posted rate or the rate of the job they are performing which ever is greater, for a period of time no longer than five working days from date of lay off. It is understood all positions assumed because of a lay off situation are temporary in nature. Employees on call-back from lay off must accept any available job: refusal to accept any available job will result in termination. It is understood that when the plant resumes full production, temporarily dis- placed employees will return to their original jobs. If the employee has been laid off and following notice to return to work, sent by the Company by registered mail to his last address on record, fails to report to work within ten working days after the date of the mailing of the notice, he will lose his seniority. A copy of the notice mailed to the shift and/or department; bumping rights employee will be given to the Union within a reasonable time from when it was sent. Upon written request by an appropriate Union officer the Company will provide within a reasonable time period a written list of all employees that are on lay off and in addition those employees who have been recalled. The Company and the Union agree that in the event any position or assignment is terminated by the Company then such employee may exercise his depart- mental seniority within the department to replace an employee with less departmental seniority provided the employee has the skill and ability to perform the work required. It is agreed that the employee may not replace any other with more departmental seniority. In the event that an employee chooses to leave the position or assignment (excluding medical rea- sons, which will be discussed with the Union Commit- tee) then such employee may exercise his departmental seniority to replace the most junior employee (in terms of departmental seniority) in department provided the employee has the skill and ability to perform the work required. At the time of plant closure as outlined in Section 6.4, defined by the legislation all employees shall not apply receive the notice and severance entitlement provided pursuant to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsOn- tario Employment Standards Act.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs When it is necessary to reduce the number of employees, the Borough shall determine the number and specific position control numbers (PCN) of positions to be eliminated. The employees within the department who are of the same job classification as the position to be eliminated shall be by department and shift (See Appendix E). In the event laid-off in reverse order of a permanent layoffseniority, the Employer shall make its best efforts to notify regular employees involved at least thirty senior first. Where two (302) days prior to or more employees' seniority is within six (6) months of each other, the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in based on skills, performance and ability. Employees to be laid off (above) will be given bumping rights to existing bargaining unit positions, for which they are qualified and for which they have more seniority than the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular fullincumbent. Bumping rights apply only to positions at the same or lower pay range. Part-time and partemployees may not bump full-time employees. An employee who has been displaced Qualifications will be based on the existing job descriptions, including addendums, at the time of layoff. Employees transferring to a lesser job as a result of such a “Bump-down" due to a layoff may accept layoffs, shall be compensated at the layoff or may displace current range of the position of transferred to while retaining their current step, anniversary date, seniority and benefits A laid-off employee shall have the right to a preference for any employee temporary or on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the call position of the least senior Borough for which the laid-off employee is qualified. The laid-off employee shall enter the range of classification advertised for the position, but shall retain his/her longevity steps. The employee shall remain on layoff status during periods of non-regular employment with the low seniority list provided Borough. In an attempt to avoid layoffs, with the mutual agreement of the Association and consistent with work requirements, the Borough will seek to find employees possess substantially who volunteer to take leave without pay or to work a reduced work week, and then consider reduction of employee work hours equally distributed among affected personnel. The Borough will appoint a qualified employee scheduled for layoff to a vacant MSBEA position of an equal or lower classification before hiring any other person except another regular employee for the position. When two (2) or more employees have relatively equal qualifications, competence and efficiency in the opinion of Borough shall appoint the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In employee with the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedulesmost seniority. When layoffs are determined, the Employer shall notify the union and the MSBEA employees affected will be given a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs
25:01 When the Employer, after exhausting all other employment options, lays off an employee, the employee shall be by department given two (2) weeks’ notice or payment in lieu thereof or a combination of both as the case proves necessary.
25:02 No notice or payment in lieu of notice shall be required when an employee is dismissed or a temporary employee ends her term of employment, the only exception being if the temporary employee is not advised of the date her term ends at the time of hiring.
25:03 Laid off employees shall be placed on a re-employment list. Laid off employees shall be removed from the list if not rehired within twelve (12)
25:04 Employees with the least amount of seniority will be laid off first in that classification and shift (See Appendix E)ascending from there.
25:05 All employees shall be recalled in order of seniority. In cases where an employee in one classification has the event qualifications and ability to perform the work of a permanent layofflower paying classification, the Employer shall make its best efforts will offer a vacancy in the lower paying classification to notify regular said employee if no senior employees involved at least thirty (30) days prior to from the impending layoff. Subject to lower paying classification are on the provisions of Section 6.2 above, employees re-employment list.
25:06 Employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employeesrecalled by registered letter. An employee who has been displaced due to a layoff may If they do not accept the layoff or may displace offer in writing, they shall be deemed to have declined the position recall as of any employee on the low seniority list 10th working day after the mailing of the recall.
25:07 The notice referred to in 25:01 above shall state the reasons for the employee's job group, provided layoff and the employees' qualifications, competence and efficiency are considered substantially equal in the opinion expected duration of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerlayoff.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules25:08 While employees are laid off, the Employer shall notify the union and the agrees not to hire any new employees a minimum of 7 days prior to or persons into positions until all those on the re-bid or reallocation employment list have been given first opportunity to do the work providing they have the qualifications and ability to perform the work. A decline by an employee shall in no manner whatsoever affect her rights under this Agreement, unless she refuses work in her previous classification, category of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff employee and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsstatus.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs Section 1. If it is necessary to reduce the number of employees in the unit due to lack of work or funds, probationary employees shall be laid off first. Thereafter~ if it is necessary to further reduce the number of employees in a job classification in the unit, employees shall be removed on the basis of their classification seniority in inverse order of their seniority, provided always that the remaining employees have the skill to perform available work in the classification. Employees removed from a classification may exercise their departmental seniority in any other classification, provided they have the skill to perform available work in such classification. The Chief shall give written notice to the employees and the ▇▇▇▇▇▇▇ of any proposed layoff. Such notice shall state the reasons therefore and shall be submitted at least fourteen (14) calendar days before the effective date thereof. Employees who are laid off shall be compensated at his base rate of pay for all accumulated unused vacation and accumulated sick leave at time of layoff.
Section 2. Employees shall be recalled in accordance with their classification seniority. Notice of recall may be by department and shift (See Appendix E)telephone call, confirmed by certified mail to the employee's last known address. ~RTICLE 13 - VACANCY AND/OR NEW POSITION
Section 1. In the event of a permanent layoff, vacancy or a newly created position (work covered by the Employer terms of this Labor Agreement) employees in the same classification may transfer on the basis of seniority and qualifications. In such cases all vacancies and newly created positions shall make its best efforts to notify regular employees involved be posted in a conspicuous place in the Public Safety Department at least thirty ten (3010) days prior to filling such vacancy or newly created position. Employees shall apply, in writing, for the impending layoffposted position within seven (7) calendar days following such posting. Subject to Employees not present during the provisions of Section 6.2 above, employees posting period shall be laid off in notified of the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employeesposition. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job groupOnly those that are, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that qualified for the employee who was initially displaced is not on vacancies or new positions shall be selected therefore. Positions above the low seniority list. The low seniority list consists classification of the least senior Lieutenant shall be filled from employees in the bargaining unit.
Section 2. Temporary assignments to a job group higher classification for the purpose of filling vacancies of employees who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant are absent will be granted to the above process may displace senior qualified employee for such job. A qualified employee, when assigned to work in a higher classification shall receive the position higher rate of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency pay for those hours so worked in the opinion of higher pay classification. When an employee is temporarily assigned work in a lower classification, he shall not suffer a reduction in pay. Temporary assignments to a higher classification will be made permanent after sixty (60) days, unless mutually agreed by the Union and the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: Section 3. In the event a vacancy occurs and work to which the vacancy relates exists, such vacancy shall be filled by the Employer deems it necessary in the exercise of due diligence.
Section 4. Shift assignments and choice of vacation shall be on a seniority basis and classification.
Section 5. All employees shall serve a probationary period of six (6) months immediately following his/her assignment to reallocate staffing, reduce FTE’s and/or to re-bid shift schedulesthis bargaining unit. During such probationary period, the Employer shall notify employer may return the union employee to his/her former position and rank for just cause or the employees a minimum of 7 days prior promoted employee may by his/her own volition, request in writing to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited returned to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidshis former rank.
Appears in 1 contract
Sources: Labor Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). a) Lay-off Notice In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved affected will be advised of such layoffs as soon as possible: the minimum notice will be a complete shift. The Company will advise the Chief ▇▇▇▇▇▇▇ or President of any pending layoffs as soon as the employees are notified. Employees not actively at least thirty (30) days prior work on the day of notice of layoff will be advised by telephone or mall to the impending layofflast known address or telephone number. Subject In every case where employees are to the provisions of Section 6.2 abovebe laid off, all probationary employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of before any employee with any seniority on the low seniority list for the employee's job groupa Company-wide basis. This applies to all cases of layoff, provided the employees' qualifications, competence and efficiency are considered substantially equal except in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reductiona temporary breakdown, where the breakdown is deemed to be for not more than three (3) work days. job concerned, can satisfactorily perform the work required. When recalling employees who have been laid off, the Employer shall use recall will also be made on the same procedure basis of seniority as provided indicated in Clause
(a) The Company will grant leave of absence to an employee ▇▇▇ a stated period, retroactive or otherwise, for under Article 6legitimate reasons including illness, accident, or to transact personal business. In Extension of leave of absence for legitimate reasons will be granted on mutual agreement of the case Company and the Union. The approval or otherwise of reallocations a request for a leave of staffing or re-bids, bidding shall absence will be limited to the shift and/or department; bumping rights as outlined employee in Section 6.4, shall not apply to reallocations writing within three (3) weeks from the receipt of staff and re-bidshis written request for such leave. Seniority will accumulate during any period of leave of absence with permission, except as noted in Clause Union will inform the Company of the names of the delegates. The Company shall grant an employee a leave of absence for a stated period not to exceed two years to enable him to work in an official capacity for the Local or International Union. The employee must request his leave in writing, and the Union must approve it. Seniority will be accumulated during such leave of absence. Leaves of absence without pay not affect any employee’s seniority rights when used for the determining factor for reallocation purpose granted provided he returns to work at the expiry of staffing and re-bidshis leave. On failure to do so, the provisions of shall apply.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs The Board shall provide notice of lay-off equivalent to twenty (20) working days or any such additional notice if required under the StandardsAct and the amendmentsthereto. This provision will not apply with respect to the following: Probationaryemployees; Lay-off resulting from matters beyond the Board's control, including but not limited to fire, lightning, flood, tempest, power failure, machine breakdown and work stoppage. Where it is necessary to reduce the work force during the school year, the Board will lay off Educational Assistants in the reverse order of seniority within the school panel affected providing it does not prevent the Board from maintaining a working force of employees who are qualified, able and willing to do the work which is available. The Executive Officer of Human Resources will provide the President of the Associationwith prior notice of any change in work schedule. It is agreed and understood that reductions in the number of scheduled days in a work week, or hours in a work day, does not a lay off. Members given lay-off notices, but not terminated, shall be by department considered surplus for purposes of the posting process for a period of one (1) year and shift (See Appendix E). In have the event option of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior adding their name to the impending layoffsupply list. Such Members shall be notified in writing by the Manager of Human Resources of this change in status. No Member will be required to accept an assignment for which they are not qualified, as deemed by the Executive of Human Resources, after consultation with the President of the Association. Subject to the provisions Board being able to manage the operations and meet the needs of Section 6.2 the system, new employees shall not be hired when there are either employees on layoff or on the surpluslist who are qualified, ready, willing, and able to fill the position. Seniority employees who have been declared redundant as per Article and who have be given notice of lay off by the Board under Article shall be eligible for severance pay if no position for which they are qualified or able to perform can be made available to them within one (1) year of being declared surplus. Seniority employees who elect to take severance shall provide written notice to the Executive of Human Resources. When an employee electsto take severancepay, is terminating employment with the Board and giving up all rights to recall. Severance pay shall be made in accordance with the StandardsAct. Such employeesunderstand that, upon receipt of severancepay outlined above, employees shall be laid off in their employment with the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who Halton District School Board has been displaced due to a layoff may accept terminated and that the layoff or may displace Halton District School Board has no further obligations. It will be the position responsibility of the employeeto provide written notification of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal changes in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant their address to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the EmployerBoard.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Agreement
Layoff. A layoff is a permanent or prolonged reduction in the number of employees employed by the Hospital. Layoffs shall be by department departmental unit, shift, and shift (See Appendix E)job classification. In the event of a layoff or permanent layoffreduction in hours, bargaining unit seniority within the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 abovedepartmental unit, employees shift, and job classification shall be laid off the determining factor providing that skills, competence and ability in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular fulla specific area are considered relatively equal. Decisions regarding skills, competence and ability shall be based on specific job-time and part-time employeesrelated duties. An employee who whose position has been displaced due eliminated or permanently reduced in hours pursuant to a layoff may this section will have the right to: (a) accept the layoff layoff/reduced FTE position; (b) accept a vacant position for which s/he is fully qualified; or may (c) displace the position of any less senior employee whose name appears on the low seniority list for the employee's job groupLow Seniority Roster (defined in Section (B)(1), below), provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion that all of the Employerfollowing conditions are met: the two (2) employees’ skills, competence, ability and prior job performance (within the previous twelve (12) months) are relatively equal, and the displacing employee can carry a full patient load. Employees unable to displace another individual under the foregoing procedure will be placed on layoff. Once advised of her/his layoff, an employee must exercise displacement rights by 5:00 p.m. on the second weekday following the day on which s/he was advised of layoff. Prior to implementation of any layoff, the Hospital shall evaluate whether the need for such action might be mitigated by measures such as solicitation of volunteers and voluntary changes in employee FTE status, and will adopt any such measure subject to the needs of the unit. Additionally, the Hospital will not extend the contract of any Traveler or Temporary employee working within a unit affected by layoff provided that regular bargaining unit staff are capable of fully providing those necessary services, and provided further that such action will not increase the employee who was initially displaced is not on the low seniority list. The low seniority list consists scope of the least senior employees layoff. Provided further, the Hospital will not contract for the services of any Traveler or Temporary nurse for service in a job group who comprise twenty percent (20%) of the job group. Any employee identified unit in which a fully capable and qualified laid-off nurse from that unit is available for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualificationsrecall, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it except as necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, bridge the Employer shall notify gap between the union time of recall and the employees a minimum of 7 days prior time it takes for the recalled nurse to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited return to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidswork.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 abovedetermines a layoff is necessary, employees in each job classification shall be laid off in such number as determined by the County Clerk. The Employer shall determine how many positions in each classification shall be laid off. Employees shall be laid off in the inverse order of classification seniority. Employees may bump employees in lower classification for which they are qualified to perform the job duties, again using the inverse order of classification seniority. If it is determined that layoffs are necessary, employees will be laid off in the following mannerorder:
a. Temporary (a) Probationary, contractual, and temporary employees;.
b. Probationary employees;(b) In the event of further reductions in force, employees will be laid off in inverse order of seniority by job class within Clerk’s office. An employee subject to layoff shall be able to exercise his/her seniority for the following options in lieu of layoff in the order set forth below, provided that the employee is qualified for the position:
c. Regular full-time (a) To fill a vacant position with the same salary range or rate.
(b) To displace an employee with the least seniority in a job title with the same salary range or rate.
(c) To fill a vacant position or to displace an employee with the least seniority in a job title with a lower salary range or rate. An employee subject to displacement by the above procedure shall be considered subject to layoff and part-time employeesshall have the right to exercise the same options. Displaced employees with no further rights to (a), (b) or (c) above shall be considered laid off. An employee who has been displaced due laid off shall have the right to exercise his/her seniority to fill a layoff may accept the layoff vacancy with an equal or may displace the position of any employee on the low seniority list for the employee's job grouplower salary range or rate, provided the employees' qualifications, competence and efficiency are considered substantially equal in employee is qualified for the opinion of the Employerposition, and provided further that shall have the employee who was initially displaced is not on the low seniority listright to refuse such vacancies without losing recall rights. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the inform laid off employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidssuch vacancies.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs shall be by When, in the judgment of the Employer, a reduction of the work force in a classification and department and shift (See Appendix E). In the event of a permanent layoffbecomes necessary, the Employer shall make its best efforts to notify regular employees involved at employee with the least thirty (30) days prior to seniority in the impending layoff. Subject to the provisions of Section 6.2 above, employees affected classification shall be laid off first, provided the employees remaining in the classification and department have the ability to satisfactorily perform the work available. An employee scheduled for layoff may opt to fill any vacancy, unit-wide (treated as an involuntary transfer) or exercise seniority, subject to their current ability to satisfactorily perform the work available, and subject to their possession of the minimum qualifications for the job. When opting to exercise their seniority, these steps will be utilized in the following mannerorder:
a. Temporary employees;Fill any vacancies in the same classification.
b. Probationary employees;Fill any vacancies in the same pay grade.
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of Replace the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion same classification.
d. Replace the least senior employee in the same pay grade.
e. Fill any vacancy in the next lower pay grade.
f. Replace the least senior employee in the next lower pay grade.
g. Repeat the two prior steps in consecutively lower pay grades.
7.3.1 Employees replaced in accordance with the above shall exercise their unit seniority to replace another employee in the same manner. The final bump shall occur not later than the effective date of the Employeroriginal layoff notice.
6.4.1 Reduction 7.3.2 A full time employee may displace two (2) or more part time employees, if such an arrangement is feasible and the part time responsibilities can be fulfilled.
7.3.3 In applying Section 7.3, in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedulesa part time employee has more seniority than a full time employee, the part time employee can exercise seniority to displace the full time employee at least to the extent of the same number of part time hours as the position previously held. If feasible, the University will divide the position affected into two (2) part time positions so that the part time employee has the same number of hours previously held and the full time employee has the remaining hours of the position. The full time employee can then exercise the employee's seniority under Section 7.3 above. If the above is not feasible, the part time employee will displace the full time employee.
7.3.4 The Union may request an employee not be required to bump into a different shift. The Employer shall notify consider the union request and reserves the employees a minimum of 7 days prior right to deny or approve the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsrequest.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. A. Whenever the Board of Supervisors determines in its sole discretion that it is necessary to abolish any position of employment, the employee holding that position may be laid off without disciplinary action and without the right of appeal.
B. An employee being laid off shall be given at least fourteen (14) days prior notice of the layoff date.
C. Layoffs shall be by department and shift done in seniority order per section (See Appendix E)D) below. In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at At least thirty (30) days prior before the effective date of a layoff, the Director of Human Resources will provide the Union with the performance evaluation scores within the affected department, including the name and job classification of each listed employee. The Union will maintain the confidentiality of these scores except to the impending layoff. Subject minimum extent necessary to carry out its role in representing the provisions of Section 6.2 aboveemployee(s).
D. In each class (e.g., Attorney I, Attorney II, Attorney III, Attorney IV, Attorney V), employees shall be laid off according to employment status and seniority order in the following manner:
a. Temporary order within affected job classification within the affected department: • any non-employee attorneys (e.g., volunteer attorneys, externs or contract attorneys), • an employee whose most recent performance evaluation had an overall rating of does not meet expectations, • an employee who has not completed his/her initial probationary period, • by evaluation score of employees;
b. Probationary employees;
c. Regular full-' most recent performance evaluations in inverse order (lowest score is laid off first). In the event that there are more employees within the same employment status category listed above who are tied in seniority and the number of these tied employees exceeds the number of positions to be laid off, any layoff shall then be by inverse order of seniority by County date of hire. If after inverse seniority is used as a tie breaker, there are more employees within the same employment status who are tied and the number of these tied employees exceeds the number of positions to be laid off , then the Director of Human Resources or his designated representative shall develop and distribute a list of ties to the Union and notify the Union of the time and part-time employeesplace for the tie breaking activity. The Union shall have the right to have a representative present. The Director of Human Resources or his designated representative shall determine the order of layoff by selecting cards at random from a deck of standard playing cards. The person in the tied group of employees receiving the smallest denomination of playing cards shall be laid off first, the person receiving the next smallest card shall be laid off next, ext. Each employee shall receive an annual performance evaluation on approximately his/her position anniversary date. An employee who has been displaced due may not retreat to a previously held class. E. Recall of employees will be in reverse order of layoff. Employees separated through layoff may accept will be certified to positions in the class in which they were separated on a one-for-one basis if the opening occurs in the department in which the layoff or may displace occurred. Certifications in this manner will be made from the position of any employee on the low seniority layoff eligible list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees reverse order in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided which the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift scheduleswere laid off, the Employer shall notify the union and the employees a minimum of 7 days prior last to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall laid off will be the determining factor for reallocation of staffing and re-bidsfirst to be certified. Departments shall first hire from a recall employment lists, which shall take precedence over all other employment lists.
Appears in 1 contract
Sources: Memorandum of Understanding
Layoff. SECTION 1 - Purpose AHMC recognizes the Corporation's right to reduce the work force through layoff when there is a lack of funds, lack of work, the position is abolished, or the employee holds a substitute appointment. The parties agree no regular employees will be laid off while there are temporary employees in the service of the Corporation at the same duty station provided the regular employee is qualified to perform the duties of the temporary employee who is terminated. The parties further agree that no full-time employees will be laid off while there are seasonal employees in the same job classification in the service of the AHFC at the same duty station, provided that the full-time employee is qualified to perform the duties of the seasonal employee who is terminated. However, if the funds provided for temporary employees under HUD Student Help Programs or federal, state or local programs, to encourage the hiring of the handicapped or economically deprived, cannot be reallocated to compensate regular employees, then the temporary employee may be retained, even though the regular employees are laid off. Layoff and recall shall be in accordance with the procedures set forth in this Article and shall not be used for targeting employees for termination or discipline of any kind.
A. Layoffs shall be by department and shift (See Appendix E)made in reverse order of seniority from among those employees at the duty station in the classification in which layoff occurs. In Seasonal employees' duty station shall be considered the event duty station where he/she is normally based. Seasonal employees shall not be utilized to displace any full-time employee, regardless of duty station.
B. Employees with the greatest seniority at a permanent layoffduty station will be given bumping rights to a lower classification at the duty station, provided the laid off employee is not the least senior employee in the lower classification. Seasonal employees shall not bump full-time employees.
C. The Employer agrees that in each case of layoff it will attempt to give the affected employees as much notice as possible. However, the Employer shall make its best efforts to notify give affected regular employees involved at least thirty ten (3010) working days written notice prior to effective date of layoff.
D. Upon the impending layoff. Subject date of notice of layoff the Corporation agrees to provide the provisions of Section 6.2 above, employees shall be laid off in employee with the following mannerinformation:
a. Temporary employees1. Any vacant position within the service of the Corporation for which the employee may be qualified;
b. Probationary employees;
c. Regular full-time and part-time employees2. An employee who has been displaced due to a layoff may accept the layoff or may displace the Any position of any employee on the low seniority list for at the employee's job groupduty station for which seniority bumping rights applies;
3. Benefit information, provided the employees' qualificationsincluding COBRA (health insurance), competence and efficiency are considered substantially equal Retirement, Deferred Compensation, (Accrued Personal Leave is automatically cashed-out upon termination).
E. When an employee is promoted, voluntarily demoted in the opinion lieu of layoff or transferred outside of the Employeremployee's duty station, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists rights of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the former position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations retained for a period of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidstwo (2) years.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff.
13.1 Layoffs affecting permanent Employees shall be by department and shift (See Appendix E). In determined based on bargaining unit seniority provided Employees have the event of a permanent layoff, qualifications to perform the Employer work remaining.
13.1.1 The City shall make its best efforts to notify regular employees involved at least the Employee thirty (30) days prior to the impending effective date of layoff. Subject If the Employee has not had the opportunity to work the provisions of Section 6.2 abovenotice period, employees he shall be laid off paid for the day(s) for which work was not made available. The affected Employee shall, within fourteen (14) days of being provided with layoff notice, choose to displace another Employee provided he has the qualifications to perform the work, OR move to a vacant permanent position with a classified rate of pay that is equal to or less than the Employee’s classified rate of pay provided he has the qualifications to perform the work, OR choose to take a layoff.
13.1.2 The first displaced Employee may displace another Employee provided he has the qualifications to perform the work. The Employee shall advise the City which position he is claiming within (7) days of being notified that he is being displaced.
13.1.3 The second displaced Employee may displace another Employee provided he has the qualifications to perform the work. The Employee shall advise the City which position he is claiming within seven (7) days of being notified that he is being displaced.
13.1.4 Any subsequent displaced Employee may displace another Employee provided he has the qualifications to perform the work. The Employee shall advise the City which position he is claiming immediately.
13.2 When layoffs affect temporary Employees only, seniority in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority department shall be the determining factor where the Employee has the necessary qualifications to perform the work remaining.
13.2.1 Temporary Employees working more than thirty (30) days in a relief assignment or temporary position shall receive five (5) working days notice of the proposed layoff and a record of employment slip shall be issued as soon as possible after the date of layoff.
13.2.2 A temporary Employee, who wishes to request an earlier layoff than was planned, shall apply to the City for reallocation a Leave of staffing Absence at least fifteen (15) days prior to his requested layoff date. Requests shall be considered in the order that they are received. If the leave of absence is not approved and re-bidsthe Employee still requires the early layoff, he shall have deemed to have resigned and shall lose all previously accumulated seniority.
13.3 In order that operations of the Union shall not become disorganized when layoffs are made, members of the Local Union Executive Board shall be the last persons laid off during their term of office unless such person would be affected by normal seasonal layoff.
13.4 Employees on layoff shall be able to exercise their seniority for posted positions. Permanent Employees on layoff shall receive priority over temporary Employees or others from outside of the bargaining unit, for posted permanent positions and shall be given the necessary training to perform the work, provided the Employee has the skills and abilities similar to the vacant position for which he is being considered.
13.5 An Employee on layoff must notify the Human Resources Department of any change to his telephone number or mailing address.
13.6 The City agrees to inform the Union of any proposed changes in the performance of services supplied by the City, four (4) months in advance of the proposed change being implemented.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs 1. Prior to implementing a district-wide reduction in personnel, the Superintendent or designee shall meet with representatives of the FOPE to discuss the proposed Board action and solicit their suggestions.
2. The Board shall then determine the net number of positions to be reduced and the classification in which layoff shall occur.
3. For the purposes of this layoff procedure, "work location" shall be defined as either a school, or a center, or, in the case of county employees, the department.
4. Employees shall be laid off by department job classification at the work location in reverse order of total county seniority with the least senior person being laid off first.
5. When employees of the same job classification at the same work location have the same total county seniority, lay off shall be in reverse order of total work location seniority.
6. When employees of the same job classification at the same work location have the same total county seniority and shift the same total work location seniority, lay off shall be based on the employment date as reflected on the Personnel Action Form (See Appendix E)PAF) with the person having the most recent employment date being laid off first.
7. For the purposes of this article, as soon as any bargaining unit member receives notification that he/she is not being reappointed to his/her current position in the subsequent fiscal year, a lay- off/recall list for the subsequent fiscal year shall be established for the specified job classification. No vacancy for any position in a fiscal year for which a lay-off/recall list exists shall be posted until said lay-off/recall list has been exhausted. Nothing in this section shall prohibit the effected employee from applying for any vacancy posted in the current fiscal year for which the employee is qualified.
8. The order of layoff shall be as follows:
a. First - Temporary employees shall be terminated.
b. Second - Probationary employees shall be terminated.
c. Third - Permanent part-time employees shall be laid off.
d. Fourth - Permanent full-time employees shall be laid off.
9. If layoffs occur, written notice of layoff will be given to the employee and to the FOPE twenty (20) working days before the action is to become effective. Should an employee be laid off without notice, then the employee shall receive full pay and benefits for the required period of notice.
10. Any employee who would have qualified for retirement during the school year in which the layoff takes place may, with the approval of the Superintendent, be permitted to work through the date in order to qualify for retirement.
11. Any employee who is laid off/terminated due to the elimination of his/her job shall be placed on the recall list and the recall procedure as outlined below will apply. Written notice of such a layoff will be given to the employee and to the FOPE twenty (20) working days before the action is to become effective. Thereafter, the FOPE may request and shall be entitled to receive written documentation from the Board showing the basis for the job elimination. In the event of a permanent layoffthe employee believes that the layoff was arbitrary or capricious, the Employer shall make its best efforts employee may file a grievance to notify regular employees involved at least thirty (30) days prior to protest the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. The Company shall provide written notice of layoff to the Union and to each employee so affected as far in advance of the layoff as is practicable but not less than: less than year of continuous service but less than years of continuous service but less than years of continuous service or more years of continuous service month months months months AGREEMENT Prior to an anticipated layoff, the Company shall meet with the Union to explore ways of assisting employees in obtainingsuitable employment within or outside the Company. Layoffs shall will be by department and shift (See Appendix E)in reverse order of seniority provided the employee retained has the ability to do the work as defined in No employee seniority will be laid off while a probationary employee is retained. An employee who is designated for layoff in accordance with Article will have the alternative of being laid off or displacing an employee with less seniority. In the event of possible layoff the Company will take the following steps to minimize or prevent such a permanent layoff: cease to hire new staff in the area affected; will not initiate new contracts for work to outside organizations where to do so would result in the layoff of Bargaining Unit members; terminate staff engaged through a personnel agency (rental personnel) not only in the area of the Unit affected but in other areas of the Bargaining Unit where employees who would otherwise be laid off are capable of performing the work. reduce wherever possible the work done by clients' attached When an employee has been notified in writing of an effective date for layoff in accordance with Article and subsequently receives written notice of a deferral of that effective date for layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to employee will have the impending layoff. Subject to option of refusing such deferralin favour of the provisions notice of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees▇▇▇▇▇▇. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee exercises this option will be retained on the low seniority recall list provided for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the Article An employee who was initially displaced is refuses rescinding layoff which had been provided in writing in accordancewith Article will be deemed to have tendered resignation from employment and hence will not be entitled to compensation on termination provided for in Article and will not be retained on the low seniority list. The low seniority recall list consists of provided for in Article AGREEMENT 95/97 An employee may pre-empt the least senior employees Company from rescinding layoff by notifying the Company in a job group writing that accepts layoff in accordance with Article and will be entitled to termination compensation on layoff as provided for in Article An employee who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is exercises this option will not be retained on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority recall list provided the employees possess substantially equal qualifications, competence and efficiency for in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: Article Voluntary Separation Program In the event of a group termination as defined in the Employer deems it necessary to reallocate staffingCanada Labour Code, reduce FTE’s and/or to re-bid shift schedulesor merger with another company or companies, or formation of any successor organization, the Employer shall notify the union and the employees Company will engage in a minimum of 7 days voluntary separation program concurrent with or prior to the re-bid or reallocation of FTE’sgroup notice period required under the Code. In Under this an employee may apply to terminate at a date agreeable to the case of an FTE reduction, the Employer shall use the same procedure Company and to receive termination compensation as provided for under Article 6the program. In the case of reallocations of staffing or re-bids, bidding The Company shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall approve such applications where operational are not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsjeopardized.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs When a reduction in force occurs in a department, the permanent employee with the least seniority shall be by department the first to be laid off, provided that the remaining senior employees are qualified to do the work available and shift (See Appendix E). In the event of a further provided that no permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees so qualified shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular fulldepartment in which temporary employees remain at work. (This latter restriction shall not apply if the temporary employee is assigned there to avoid layoff and to replace another employee in conjunction with the fourth paragraph of this sub-time section or if the temporary employee is assigned there as the senior qualified, available employee for a particular job classification.) “Qualified to do the work available” as used for layoff purposes shall be based on the individual now holding or having satisfactorily held the required job classification or now holding or having satisfactorily held another job classification which includes the job duties of the required job classification. (An example of the latter would be someone holding a setup job classification which includes the job duties of the required job classification.) The Company will not hold out of seniority for layoff purposes an employee assigned to a job in Labor Grades one (l) through three (3). The Company will not hold out of seniority for layoff purposes for more than thirty (30) working days an employee assigned to a job in Labor Grade four (4). In the event such an employee so held out of seniority is specifically training his replacement and part-time employeesthat replacement is removed from such training, the employee so held out of seniority may be retained for an additional period of thirty (30) working days. An Employees scheduled to be laid off from a department shall first be given preference in filling vacancies in other departments. In case an employee is to be laid off out of his department by seniority, the Company will transfer him to a job then held by an employee in another department who has been displaced due to a layoff may accept less seniority than the layoff or may displace the position of any employee on the low seniority list for the above mentioned employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal employee to be so transferred in lieu of layoff has the necessary experience to perform the work available in the opinion department to which he is being transferred. Employees so transferred shall be assigned the rate appropriate for the job to which they are transferred, retaining their seniority and remaining as temporary employees of the Employernew department. In connection with the transfer to other departments of employees who have been laid off out of their departments, and provided further that the Company will not continue the assignment of a senior employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees to a job in a job group who comprise twenty percent lower labor grade than his regular labor grade for a period of more than two (20%2) of the job group. Any work weeks while a temporary employee identified for layoff who is on the low having less seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least than such senior employee is working on a job in a higher labor grade which the low seniority list provided senior employee has the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employernecessary experience to perform.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Labor Agreement
Layoff. Layoffs Rehire and Leave of Absence Layoff – Rehire
(a) Seniority rights for employees shall prevail only for employees hired prior to June 1, 1999. In reducing the working force because of lack of work or other legitimate cause, the last employee hired shall be the first employee laid off; provided, that the particular work done by department the employee and shift (See Appendix E)the length of service of said employee shall be considered to be determining factors. In returning to work the event last employee laid off shall, if available, be the first employee rehired, subject to the determining factors, applicable of layoff. A list of employees, arranged in the order of their seniority, shall be posted in a permanent layoff, conspicuous place at their place of employment.
(b) All employees hired after the Employer shall make its best efforts to notify regular employees involved at least date of the Agreement and those who have not worked for the Contractor for thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in considered probationary employees for the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employeesfirst thirty (30) working days of their employment. An The Contractor may terminate any employee who has not completed his probationary period and such action shall not be subject to the grievance procedure. Probationary employees may not complete their probationary period while absent or laid-off.
(c) A regularly employed driver, or a regularly employed owner-operator, is an employee driver who has worked for thirty (30) days since his last day of hire.
(d) Seniority shall be broken only by discharge for just cause, voluntary quit or layoff for a period of two (2) years or when notified to report for work after a layoff the employee fails to inform the Employer of his intent to return to work within three (3) days or, having notified the Employer of his intent to return to work, fails to report for work within seven (7) days of original notification by telegram or registered mail at their last known address as appearing on the Employer’s records; or the employee fails to report for work upon termination of a leave of absence, vacation or disciplinary layoff without justifiable reason and/or without notifying the Employer by telegram or registered mail.
(e) When an Employer finds it necessary to send employee drivers of Employer-owned equipment outside the territorial area within the jurisdiction of the Local Union where the Employer has his principal office or home base, or in the case of an out-of-state Employer where he has his home base in the State of Michigan, he shall give all seniority employees of Employer-owned equipment an opportunity to take the out-of-town assignment. This opportunity shall be afforded on a seniority basis and once a crew has been displaced selected or assigned there shall be no bumping by other employees for the duration of the project. Local Union No. 247 and Local Union No. 614 shall be considered as having the same territorial jurisdiction for purposes of this paragraph.
(f) In laying off or recalling employees and in the exercising of seniority rights no employee shall be entitled to displace the employee assigned to drive a low boy or fuel truck by the Employer regardless of seniority, unless the senior employee is accustomed to driving the low boy or fuel truck for such Employer.
(g) When Employer-owned trucks are left at the job site and employees are laid off from or prevented from working at such job site due to a layoff may accept weather conditions, equipment breakdowns or other reasons beyond the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion control of the Employer, such employees shall not be permitted to exercise their seniority to displace any other employees of the Employer unless and provided further that until they have been laid off from or prevented from working for two (2) consecutive working days.
(a) Any employee desiring a leave of absence from his employment shall secure written permission from his Employer. The maximum leave of absence shall be for thirty (30) days and my be extended for like periods. Permission for extension must be secured from his Employer. During the period of absence the employee who was initially displaced shall not engage in gainful employment in the same industry in classifications covered by this contract. Failure to comply with this provision shall result in the complete loss of seniority rights for the employee involved. Inability to work because of proven sickness or injury shall not result in the loss of seniority rights. No leave of absence shall be granted by an Employer unless an employee shall submit in writing an authorization to deduct from his last wages sufficient monies to pay the required contributions into the Health and Welfare Fund during the period of absence. It shall also be understood that copies of written permission for leaves of absence shall in all cases be forwarded to the Local Union.
(b) The Employer agrees to grant necessary and reasonable time off, without discrimination or loss of seniority rights and without pay, to any employee designated by the Union to attend a labor convention or serve in any capacity on other official Union business, provided 48 hours’ written notice is not on given to the low seniority listEmployer by the Union specifying length of time off. The low seniority list consists of the least senior employees Union agrees that in a job group who comprise twenty percent (20%) of the job group. Any employee identified making its request for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant time off for Union activities, due consideration shall be given to the above process may displace the position number of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency men affected in the opinion order that there shall be no disruption of the Employer’s operation due to lack of available qualified employees.
6.4.1 Reduction (c) Due to the seasonal fluctuation of work in FTE/Reallocation the industry covered by this Agreement, it is necessary for the employees to turn to other types of Staffing/Re-Bids: In work at the end of the working season. It shall be mutually agreed that when an employee is called for work by this Employer on his secondary job that the prime Employer will permit said employee to take such leave to fulfill his obligation with his secondary employer, if at all possible, and will contact the secondary employer in the event he is unable to release the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, employee from his prime job at the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsrequested time.
Appears in 1 contract
Sources: Underground Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). In the event of No employee on a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall seniority list will be laid off while a probationary employee is retained in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time classification. is An employee in a classification which is part of a family and part-time employeeswho is designated for layoff in accordance with Article will have the alternative of being laid off, or in descending order of classifications displacing an employee with less seniority in a lower wage rated classification within the family provided the employee qualified to perform the remaining work. An employee who has been displaced due is designated for layoff, but retains seniority in a former classification or family in accordance with Article will have the alternative ! of being laid off or displacing an with less seniority in that former' or order, a lower wage rated classification in the family provided the employee is qualified to perform the required work. the case of a layoff may accept the layoff or may displace the position of any employee on the low seniority list for in the employee's job groupbasic classification, provided the employees' qualifications, competence and efficiency are a Lead Hand with less than one year's service as a Lead Hand shall be considered substantially equal to be in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’semployee's basic classification. In the case of an FTE reductiona layoff in a Lead Hand classification the seniority of employees for this purpose will be considered to include only their period of service in the Lead classification. For the purpose of this Article, the Employer shall use provisions of and will apply to an employee who is offered and elects reclassification to alternate work in lieu of layoff, and while on a recall list the same procedure as provided for under Article 6employee will retain a seniority standing. In Where practicable, employees who are laid off will be given their Insurance record form, transfer form, wages and vacation pay owing on the case day of reallocations termination. years, When an employee list is laid off due to lack of staffing work or re-bidssuspension of operations and does not otherwise voluntarily resign, bidding the employee shall be limited retained on a recall list for a period equal to the shift and/or department; bumping rights employee's seniority, ex work within that period. unless recalled to While on a recall list the employee will retain a seniority standing but will not be considered as outlined in Section 6.4an employee for the purpose of this Agreement. Notification of recall will be by registered letter to the last address of the person concerned. If the employee does not report for work within working days after recall, shall not apply to reallocations of staff and re-bids. Seniority without reasonable excuse, the employee shall be terminated. It is the determining factor for reallocation responsibility of staffing and re-bidsthose on recall lists to keep the Employment Services informed of their current addresses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs The City may undertake a reduction in force for any or all of the following reasons: lack of work: lack of funds; a material change in duties or organization; in the interests of economy or for other good cause. Whenever it is necessary to reduce the number of employees', layoffs shall be made in accordance with the relative seniority of the employee in the rank. Layoff shall be by department inverse seniority. Employees will lose seniority as a result of the following: • Voluntary termination • Retirement • Involuntary termination • Layoff exceeding twelve (12) months • Failure to respond to a re-employment notice, or refusal of a re-employment offer • Failure to report to work from a layoff within the time limits prescribed by this Article • Failure to return from military leave within the time limits prescribed by law Layoffs shall occur in the following order: • Temporary Employees • Part-time Employees; both probationary and shift permanent • Full-time Probationary Employees • Full-time Permanent Employees Employees who are pending layoff status shall be notified in writing thirty (See Appendix E)30) calendar days in advance of the effective date of the layoff. Notice of pending layoff shall be sent to the Local at the same time as they are sent to the affected employees. An employee subject to layoff may bump into a lower rank in which he/she has held permanent status and is otherwise qualified, provided that he/she has greater seniority in the lower rank than the least senior person in the lower rank. For the purposes of determining seniority for bumping, service in a higher rank will be counted toward service in the lower rank when the employee was directly promoted from the lower rank to the higher rank. In order to bump into a lower rank, the employee must request displacement into the lower rank within five (5) work days of the notice of layoff. Employees who exercise their option to displace into a lower rank shall be placed at the salary step representing the least loss of pay. In no case shall the salary be above that received in the rank from which the employee was laid off. Employees who displace into a lower rank shall serve a probationary period in the new rank unless they have previously successfully completed a probationary period in that rank. In the event of a permanent layoff, the Employer City shall make its best efforts to notify regular maintain a re-employment list of those employees involved at least thirty (30) days prior to the impending layofflaid off for a period of twenty-four months. Subject to the provisions of Section 6.2 above, employees Re-employment shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position reverse order of any employee on the low seniority list for the employee's job grouplayoff, provided such employees are otherwise qualified to perform the employees' qualifications, competence and efficiency are considered substantially equal in the opinion duties of the Employer, positions available and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists can return to work within fourteen (14) calendar days of the least senior employees in a job group who comprise twenty percent (20%) notice of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to employment. No new hires in any rank where layoffs have taken place will be made until the re-bid or reallocation of FTE’semployment list is exhausted. In the case of an FTE reductionLaid off employees, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or who are offered and refused re-bids, bidding shall be limited employment; who do not respond to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations a notice of staff and re-bids. Seniority shall be the determining factor employment; or who do not report for reallocation of staffing and re-bids.work within fourteen
Appears in 1 contract
Sources: Memorandum of Understanding
Layoff. Layoffs shall be by department and shift (See Appendix E). In the event of If there is a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior following procedures will be implemented:
a. After all part-time hours in a classification that may be reduced to the impending layoffminimum weekly guarantee, taking into consideration the needs of the business and the desire of employees for certain hours, have been reduced, the least senior full-time employee(s) being laid off may bump the least senior full- time employee(s) working in the same classification within Union's jurisdiction, except that the 2nd person in Meat and Produce and the Night Crew Chief may not be bumped.
b. If the affected full-time employee elects not to bump (or is) the least senior full-time employee in his or her classification, he or she, at his or her option, may elect to take a temporary reduction to part-time, at the applicable rate of pay, in his or her store. Subject Part-time employees may not be scheduled hours above the minimum while full-time employees are temporarily reduced to part- time unless unforeseen business needs arise, such as night crew shifts that cannot be filled otherwise. This will be based on his or her seniority and hours available for which he or she is qualified to work. If the provisions of Section 6.2 aboveemployee does not make this election, employees shall he or she will be laid off.
c. The least senior part-time employee(s) being laid off in the store may displace the least senior part-time employee in the same classification in the same manner as set forth in 1.a., above.
d. Where an employee transfers from one classification to another the employees shall retain all seniority rights with the Employer but shall not be entitled to exercise such rights with respect to layoff and recall until the expiration of six (6) months after the date of transfer, at which time his seniority will be determined according to Section 4A. If a layoff were to occur following manner:a transfer between classifications, the employee would have the right to transfer back to his previous classification.
a. Temporary employees;e. Employer will not promote any employee, or hire any new employee, into a classification in which current employees are in layoff status (by which is meant either not working or taking a step down into a lower classification as
b. Probationary employees;
c. Regular f. It is understood that a full-time and employee accepting a part-time employees. position in a layoff situation will be put on the top of the part-time schedule for the period of twelve (12) months.
g. An employee who that has been displaced due to laid off for a layoff may accept the layoff or may displace the position period of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent twelve (20%12) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employercontinuous months will be administratively terminated.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs shall be by department When the Company determines that layoff is necessary in any specific occupational classification, probationary employees, as defined in Article IV, Section 2, in the occupational classification and shift (See Appendix E). In the event of a permanent layoff, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees seniority group affected shall be laid off first. If further layoffs are necessary within the seniority group, such layoffs shall be made by bargaining unit seniority within the specific occupational classification and seniority group affected, provided the senior employees have the ab ility to perf orm the work, the employee with the least bargaining unit seniority in such occupational classification and seniority group shall be the first to be laid off and the las t to b e recalled. An employee subject to layoff under the foregoing may exercise bumping rights in his bargaining unit in the following mannerorder:
a. Temporary employees;A. Displace the employee with the least bargaining unit seniority in any lower-rated occupational classification in his seniority group, provided he has greater bargaining unit seniority than the employee being displaced, or displac e the employee with the least bargaining unit seniority in any occupational classification in any seniority group in which he had established seniority, provided he has greater bargaining unit seniority than the employee being displaced, and is qualified to perform the wo rk of the employee b eing displaced.
b. Probationary employees;
c. Regular full-time and part-time employeesB. In the event that a Lead becomes surplus, the downgrade shall be made within the group designated by the Company where the surplus exists. An employee who has been displaced due to a scheduled for downgrade may elect layoff may accept in lieu of downgrade at the layoff or may displace the position of any employee time downgrade is offered. Such election should be made on the low seniority list next working day following the offer but in any event such decision shall be made within two (2) working days following the offer. The employee will only have recall rights for the employee's job groupclassif ication f rom which the employee was off ered a downgrade in accordance with Section 1 of this Article.
C. Displace any probationary employee in the bargaining unit, provided he has the employees' qualificationsskill and ability to perform the work. Such employee must notify the Company in writing of his intention to exercise bumping rights within forty-eight (48) hours of the Company’s layof f notice. An employee so displaced may similarly exercise his rights of displacing another employee in acc ordance with the same criteria, competence it being understood, however, that the initial and efficiency are considered substantially equal resultant “b um ps” must occur simultaneously so that there will be no delay in the opinion layof f procedure. No employee may “bump” another employee in a higher-graded occupational classification. In cases of layof f , the EmployerCompany will give not less than two (2) weeks notice of contemplated layoffs to the employees affected and to the Union. Where, and provided further that however, such notice is not feasible, the Company will notify the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum Union as promptly as possible and give, in lieu of 7 days prior said notice, up to two (2) weeks pay, not to exceed eighty (80) hours at the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidsemployee’s straight time hourly base rate.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. (i) Layoffs shall within facilities will be by department in reverse order of Bargaining Unit seniority, provided that senior employees are qualified and shift can perform, after a reasonable period of training and familiarization (See Appendix Ethree (3) months). In the event of a permanent layoff, the Employer shall make its best efforts remaining work.
(ii) The Company will provide employees who are to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off with six (6) weeks notice or pay in lieu thereof.
(iii) No employee on a seniority list will be laid off while a probationary employee is retained in the following manner:classification.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. (iv) An employee who has been displaced due is designated for layoff in accordance with (i) above will have the alternative of being laid off or of displacing an employee of lower bargaining unit seniority in an appropriate position. The process of finding an appropriate position begins with the employee having the least bargaining unit seniority and proceeding in ascending order of seniority until a position is found. In order for the employee to successfully exercise his/her seniority rights, he/she must demonstrate an acceptable level of performance after a layoff may accept six (6) month training and familiarization period in his/her new position. The performance expectations will be provided to the layoff employee, in writing by the facility Training Coordinator or may displace the position of any employee on the low seniority list for designate, not later than one week following the employee's job groupentry into the new position with an initial review conducted three (3) months into the position. Training and familiarization opportunities will be provided in order to maximize the employee's chances of success. NOTE: The bump can take place providing the operational and safety requirements of the facility are not compromised. It is understood that a refusal to allow a bump is subject to the grievance and arbitration process. Any such grievance shall be referred immediately to Step 2 of the grievance process.
(v) No employee will displace an employee in a higher classification. When an NO1 bumps an NO2 or NOT or into a vacant position in a different facility, provided the employees' qualificationsNO1’s salary will be maintained for two (2) years following the bump. On transfer, competence and efficiency are considered substantially equal the employee will be informed of the training requirements for the NO1 position in the opinion new facility. An individual training plan will be provided to assist the employee in meeting the requirements. Should the employee fail to qualify within two (2) years, the employee’s salary will be reduced to the NO2 rate.
(vi) Where practicable, employees who are laid off will be given their Record of Employment form, wages and any other monies owing under clause 22.01 within two (2) weeks of the Employerlast day of employment. On request of the employee, and the appropriate assistance will be provided further that to meet those training requirements. Should the employee who was initially displaced is not on fail to qualify within the low seniority list. The low seniority list consists of year, the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant employee’s salary will be reduced to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the EmployerNO2 rate.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E)
30:01 Both parties recognize that job security should increase in proportion to length of service. In Therefore, in the event of a layoff, permanent layoffemployees shall be laid off within their classification in the reverse order of their bargaining unit wide seniority.
30:02 If a reduction of permanent employees is necessary due to a shortage of work or for reasons beyond the control of the Employer, the Employer shall make its best efforts meet with and advise the Union of the proposed reduction and the jobs affected prior to layoff notices being issued.
30:03 The Employer shall notify regular employees involved at least who are to be laid off thirty (30) days prior to the impending effective date of the layoff. Subject The notice shall give the reasons for the layoff and its expected duration. If an employee has not had the
30:04 Employees laid off shall be placed on a reemployment list with a copy furnished to the provisions of Section 6.2 above, employees Union and shall be called back to work as required within their classification beginning with the most senior employee and descending from there.
(a) Notice of reemployment to an employee who has been laid off shall be made by registered mail to the last known address of such employee filed by the employee. If an employee fails to reply within one (1) week of such recall notice, which shall be stated in the following manner:notice of recall, the employee’s services are terminated.
a. Temporary employees;(b) An employee who is recalled for work, shall be allowed a minimum of two (2) full weeks to report to work or such longer period of time as may be agreed upon by the Employer and the employee.
b. Probationary employees;30:06 No new employee shall be hired until those laid off have been given an opportunity of recall.
c. Regular full-30:07 By written agreement, the employee may elect to terminate and receive Retirement/Termination Allowance, as provided in Article 49 at the time of layoff and thus waive his/her right to be placed on the reemployment list. In any case, the employee shall automatically be terminated after twelve (12) months of continuous layoff at which time the employee will be paid any Termination Allowance to which the employee is entitled.
30:08 When a dispute arises concerning an employee’s layoff, he/she may grieve commencing at Step 2 of the Grievance Procedure.
30:09 For part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position , accumulated service is used for purposes of any employee on the low seniority list for the employee's job grouplayoff, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerseparate from full-time.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). 1) In the event of a permanent layoff within a job classification in the department, probationary Employees within the job classification shall be laid off first without regard to their individual periods of employment. Non-probationary Employees shall be the next to be laid off on the basis of their classification seniority.
(2) In the event a position is eliminated and the affected employee is not the least senior Employee in his/her classification, such Employee will be assigned to the position held by the least senior Employee in the same classification and department, provided he/she has the skill and ability, work record and experience to perform the duties of the job and the least senior Employee shall be laid off. In the event the Employee originally scheduled to be laid off does not wish to exercise his/her rights to bump or take a vacancy which may be available, such Employee shall be deemed to be laid off.
(3) In the event that an Employee is reassigned to either a vacant position or the position held by the least senior Employee within the job classification and department, he/she shall serve a sixty (60) day probationary period, during which he/she may be removed from the position and shall be laid off if his/her performance is not satisfactory in the opinion of Management, but such action will be subject to Grievance and Arbitration Procedure.
(4) A non-probationary Employee shall not be laid off if, at the time of the prospective layoff, temporary work is available in the Employer classification of the Employee scheduled to be laid off that the Employee is qualified to perform and the Employee accepts the assignment and schedule required of the temporary position. At the time of the layoff, it should be the Employee’s option to accept such assignment or to exercise rights under the layoff and recall provision of this Article.
(5) If the Employee accepts such temporary assignment, the Employee is not laid off and remains an Employee with recall rights commencing from the effective date of the layoff stated in the Notice Letter. At the end of the temporary assignment, if another temporary assignment, for which the Employee is qualified, is not available the Employee will be laid off and receive severance pay equal to the difference between the weeks in the temporary assignment and the severance pay as outlined under the Severance Pay Article of the collective bargaining agreement, if any. In the event that a non-temporary position exists at the end of the temporary assignment, the above recall procedures shall make its best efforts apply. This provision will not apply to notify probationary Employees.
(6) If a regular employees involved at least part-time Employee has greater equivalent seniority than a full-time Employee in the same classification who is to be laid off, the part-time Employee must be willing to accept full-time employment to continue working.
(7) The University will provide a minimum of thirty (30) days prior days’ notice of layoff to the impending layoff. Subject Employee and the Union.
(8) An Employee who is notified that she/he will be subject to the provisions of Section 6.2 abovea layoff will, employees shall be laid off in upon request, receive the following mannerassistance from CU Employment Information Center:
a. Temporary employees;Assistance in creating or updating a resume
b. Probationary employees;Instruction on and access to the University’s job postings and job postings website
c. Regular full-time and part-time employees. An employee who has been displaced due Information about how to a layoff may accept the layoff or may displace the position of any employee on the low seniority list apply for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.positions
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.d. Individual career counseling
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E).
7.1 In the event of it becomes necessary to effect a permanent layoffreduction in the work force in any classification or position in any work unit, the Employer City shall make its best efforts to notify regular affected employees involved and the Union in writing at least fifteen (15) calendar days in advance of the effective date, except in emergency situations.
7.2 Layoff order shall be established within the City by department on the basis of seniority. If it is found that two (2) or more persons within the same classification have equal seniority, seniority for these individuals shall be determined by the date the employees were appointed by the department to that classification. If a tie still exists, the tie shall be broken by drawing lots. Employees shall be laid off in reverse order of seniority, except as modified in Section 7.3 of this Agreement. Laid off employees shall have the right to bump into lower level regular or temporary positions as outlined in Section 7.5 of this Agreement. A lower level position is defined as any position in a classification within the employee’s department with a lower maximum pay rate than the classifications of the position being laid off.
7.3 The City may make an exception to the order of layoff when the retention of an employee with unique skills is necessary for the efficient operation of the department. Such action shall be taken only for articulated, job-related reasons and substantiated by written documentation.
7.4 The qualification of an employee to bump shall depend upon that employee demonstrating current possession of the required certifications, knowledge and skill to meet the minimum qualifications of the position prior to bumping. In addition, bumping employees must demonstrate the ability to perform on the job at a satisfactory level of performance within thirty (30) days prior days. Between the twentieth (20th) and the thirtieth (30th) day of this period, the City will provide the employee either with notification of satisfactory performance or a minimum of ten (10) working days’ notice of intention to terminate the employee. Any such terminated employee will retain all layoff rights related to the impending classification from which the employee was originally laid off.
7.5 Laid off employees shall have the following options:
a. Accept the layoff.
b. Request assignment to a vacant lower level bargaining unit or temporary position, provided the employee is qualified for the position as described in Section 7.4 of this Agreement.
c. Displace the employee with the lowest seniority in the same classification within the same department within the City, provided the employee is qualified for the position as described in Section 7.4 of this Agreement.
d. Displace the employee with the lowest seniority in a lower level classification within the same department within in the City, provided the displacing employee is more senior and is qualified for the position as described in Section 7.4 of this Agreement.
7.6 Temporary and seasonal employees will not be used to fill laid off bargaining unit positions. Subject to the provisions of Section 6.2 aboveWithin a classification, all temporary and seasonal employees will be terminated, and probationary employees shall be laid off in the following manner:before any regular bargaining unit employee is laid off.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. 7.7 An employee who has been displaced due to displaces an employee in a layoff may accept lower pay range will be paid at the layoff or may displace top step in the position of any employee on the low seniority list for lower salary range which most closely approximates the employee's job group’s current pay rate. However, provided no bumping employee shall be paid at a rate that exceeds the employees' qualifications, competence and efficiency are considered substantially equal in the opinion maximum step of the Employer, lower salary range. The employee may request and provided further that shall be paid for all accrued compensatory time at the rate being earned prior to layoff.
7.8 An employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant left with no position to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure bump into as provided for under in Article 6. In the case 6 of reallocations of staffing or re-bids, bidding this Agreement shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff laid off from employment and re-bids. Seniority shall be the determining factor eligible, for reallocation a period of staffing and re-bids.two
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs 1. Layoff shall be by department defined as a reduction in work force beyond normal attrition.
2. The employer will determine what programs are to be eliminated or reduced.
3. Probationary employees, within the affected classifications, will be laid off first.
4. Employees in a full-time position, who are reduced to a lesser position, shall have recall rights to a full-time position. (see B. Recall #5).
5. Laid off employees who desire to work as substitutes or fill temporary vacancy during a layoff period, will notify the superintendent's office of their availability. The employer will attempt to call qualified substitutes from this list. If a temporary vacancy is available, laid off employees not currently filling a temporary vacancy shall be called in seniority order to fill the position, providing they meet any necessary training requirements.
a. A position known to be a temporary vacancy is not subject to recall.
b. Employees selected to fill temporary vacancies will be called when such positions become available.
6. In temporary reductions of employees for periods of less than thirty days, the employee of highest seniority within the classification may opt to take the reduction layoff. Such employee must be working an equal or less number of hours than the lower seniority employee who is scheduled for layoff.
7. Dual Seniority
a. Employees will have seniority within their highest paid position, and shift (See Appendix E). will have total seniority for all classifications they have worked in.
b. Total years of seniority within both classifications could not be used to bump within the higher paid job classification.
c. In the event of a permanent layoff, they could use their total seniority to bump down to a lower paid classification, provided they have experience in that classification.
d. Employees who have been laid off within a job classification, who have no previous experience in lower job classification, may make application to fill jobs being held by probationary employees in the Employer shall make its best efforts to notify regular employees involved lower job classification.
8. A voluntary leave in lieu of layoff will be considered by the employer under the following conditions:
a. The granting of such leave will prevent the layoff of a less senior employee.
b. Such leave is requested in writing by the employee at least two (2) weeks in advance of the effective date of layoff.
c. Seniority shall accumulate during such leave. Accumulated sick days and salary step placement shall be frozen during such leave.
d. Return from such leave will be to a position in the same classification as the employee held prior to leave provided that the person returning from leave has greater seniority than the lowest senior person within the classification.
e. Date of return shall be mutually agreed upon between the employer and employee prior to the effective date of the leave. Return date may be adjusted by mutual agreement between the employer and employee if requested by either party prior to the end of the leave period.
9. Persons on layoff will not lose previously accumulated seniority or sick leave, but will not accumulate additional seniority or sick leave during the layoff period.
10. Prior to layoff notices being sent to employees, the district will discuss the tentative layoff plans with the Union President.
11. Employees will receive a fourteen (14) calendar day notice of layoff.
12. Employees being laid off shall receive fringe benefits through the end of the month in which they are laid off, or thirty (30) days prior to the impending calendar days, whichever is greater. Employees may continue insurance benefits on a self-pay basis during layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employeras per COBRA.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Master Agreement
Layoff. Layoffs In the event of necessary layoff due to a decreased student enrollment or shortage of revenue, changes, revisions, or elimination in programs the order of reduction shall be by department and shift (See Appendix E)be
1. In the event it becomes necessary to reduce the number of non-teaching professional staff members through layoff of employment, or to reduce the number of non-teaching professional staff members in a permanent layoffgiven subject area, field, or program, or eliminate or consolidate position(s), the Employer Board shall make its best efforts determine the order of layoff provided, however, such action shall not be contrary to notify regular employees involved at least this Section A. The Board shall endeavor to give forty-five (45) calendar days' notice of layoff to the individual involved, and in any event, thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees calendar days' notice shall be given in all cases.
2. It is further agreed that any layoff pursuant to this Article shall automatically terminate the individual employment contract of all laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular fulla non-time teaching professional staff members and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list shall suspend for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion duration of the Employerlayoff, the Board's obligation to pay salary or fringe benefits and any laid off non-teaching professional staff member’s individual or supplemental employment contract as well as all benefits under this collective bargaining agreement, except that any non-teaching professional staff member on layoff pursuant to this Article shall have their hospital and dental insurance extended for three (3) months.
3. Any a non-teaching professional staff member on layoff shall be recalled in inverse order of layoff provided further that he/she is certified and qualified for the employee vacancy. No new non-teaching professional staff member shall be employed by the Board while there are non-teaching professional staff member of the District who was initially displaced is not on the low seniority listare laid off unless there are no laid off teachers’* with proper certification and qualifications to fill any vacancy which may arise.
4. The low seniority list consists Board shall give written notice of the least senior employees in recall from layoff by sending a job group who comprise twenty percent (20%) of the job groupcertified letter to said non-teaching professional staff member at his/her last known address. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority It shall be the determining factor for reallocation responsibility of staffing each non-teaching professional staff member to notify the Board of any change in address. The non-teaching professional staff member’s address as it appears on the Board's records shall be conclusive when used in connection with layoffs, recall, or other notice to the non-teaching professional staff member. If a non- teaching professional staff member fails to report as being available to work ten (10) calendar days from date of sending of the recall, unless an extension is granted in writing by the Board, said non-teaching professional staff member shall be considered as a voluntary quit and reshall thereby terminate his/her individual employment contract and any other employment relationship with the Board.
5. A laid off non-bidsteaching professional staff member shall, upon application, be granted priority status on the District substitute teaching list, such priority to be determined according to seniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs 1. If the County must reduce the number of employees within a classification or within a department, the employee with the least amount of bargaining unit seniority shall be selected for layoff. The employee so selected shall have the right to bump a less senior bargaining unit employee in an equal or lower classification of the employee's own choosing in any department, provided such employee has more seniority than the employee being bumped, and provided further, that such employee meets the same minimum qualifi- cations as would be expected of anyone obtaining the job through the normal job posting procedure. Departments are defined in section 2.3.
2. An employee who is bumped in accordance with Paragraph 1 above shall be afforded the same bumping rights provided in Paragraph 1 above, but if such employee is unable to bump any other employee, such employee shall be placed on layoff.
3. Where two (2) or more employees have the right to bump, the above bumping rights shall be exercised by department such employees in order of their bargaining unit seniority from most senior to least senior.
4. An employee bumping into a different position shall serve the normal probationary period for that position. An employee who proves unable to perform the work in the different position during the probationary period shall not be allowed to again exercise bumping rights, but shall be placed on layoff. During such probationary period, an employee may voluntarily choose to be placed on layoff, but shall not be allowed to again exercise bumping rights resulting from that
5. An employee who is bumped out of his/her position shall have the preferential rights to return to such position if, for any reason, it should become vacant within sixty (60) days from the time the employee is bumped from it.
6. Employees laid off in a reduction of force shall have their seniority status continue for a period equal to their seniority at the time of layoff, but in no case shall this period be less than three (3) years. While any employees hold layoff seniority status, they shall be given the opportunity to be recalled and shift (See Appendix E)placed in vacant jobs by using the job posting procedure. Laid off employees holding seniority status shall be sent copies of all job postings as they occur. If an employee is the senior qualified applicant on a posting and declines to return to work when awarded the position, such employee forfeits all accumulated seniority rights. If no qualified applicant is awarded the position, and a laid off employee declines to be recalled to the position, such laid off employee shall forfeit all accumulated seniority rights.
7. In the event of a permanent layoffan employee does not pass probation, the Employer employee shall make its best efforts have the right to notify regular employees involved at least thirty (30) days prior grieve such action subject to the impending layoff. Subject to the just cause provisions of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerthis agreement.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs and recall will be by job within a program; that is, if a program is to be reduced or eliminated, then employees in the affected program will be laid off or recalled on the basis of Agency Seniority. Those with the lowest Agency Seniority in any of the affected jobs will be the first to be laid off, with recall starting with those having the greatest Agency Seniority. From time to time the Agency may implement plans to reduce the number of bargaining unit positions in certain programs while at the same time adding positions to certain other programs. Additionally, at these times, there may be other vacancies for which no qualified person has applied during the posting period. When this situation occurs, persons whose jobs are affected by the aforesaid reduction shall have priority in the filling of the added or vacant positions, where those positions are substantially the same in pay, qualifications and working hours. Additionally, such positions that become vacant will not be posted until the positions have been offered to the affected persons. The Agency shall offer, in writing, the added or vacant positions to the affected individuals who are qualified for the position on the basis of Agency Seniority. An employee offered such a position shall have three (3) days in which to indicate their acceptance or rejection of the position. Any individual rejecting said offer will be free to bid on any other vacant position, but will not be entitled to exercise bumping rights pursuant to this section or to receive severance pay as per Article 14. After the position held prior to the reduction is eliminated, individuals rejecting an offer as above, shall be by department considered to be in the same category as individuals who have taken in excess of three (3) months of leave without pay and shift shall be entitled to bid on future vacancies on the basis of Agency Seniority. Any vacancies remaining after all affected individuals have accepted or rejected offers as above shall be immediately posted or reposted. Any person accepting an offer as above shall not have any previously earned increments removed.
(See Appendix E). a) In the event of a permanent layoffthere are no such added or vacant job openings available for which an affected individual is qualified, then, before being laid off, the Employer individual in the affected job shall make its best efforts be allowed to notify regular employees involved at exercise bumping rights within the same program and consistent with his or her seniority with the Agency. Specifically:
(i) Should a Master’s degree level job be eliminated, the individual in the affected job shall be allowed within the program to take the job of the Master’s degree level job holder with the least thirty (30) days prior to the impending layoffAgency Seniority. Subject to the provisions of Section 6.2 Should a Master’s degree level job holder’s job be taken, as above, employees or should the job of the Master’s degree holder with the least Agency Seniority be eliminated, that individual shall be laid off in allowed to take the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a non-Master’s level job group who comprise twenty percent holder within the Agency program, unless such employee has greater Agency Seniority than the individual whose job was taken or eliminated.
(20%ii) Should any other employee’s job be eliminated, that individual shall be allowed to take the job of the non-Master’s level jobholder in the program with the least Agency Seniority
(iii) Should the least senior job group. Any employee identified for layoff who is on holder’s job be eliminated or taken, that individual may take the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position job of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency job holder in any job classification in the opinion program for which the least senior direct service job holder is qualified, unless the job holder has greater Agency Seniority than the individual whose job was eliminated.
(iv) Should a non-direct service employee’s job be eliminated, that individual shall be allowed to take the job of the Employerindividual in the same job classification in the program with the least Agency Seniority.
6.4.1 Reduction (v) If in FTE/Reallocation a job classification the least senior non-direct service employee’s job is taken or eliminated, that individual may take the job of Staffing/Reany individual in the program who has less seniority if such non-Bids: In direct service employee is qualified for such job.
(vi) Should a part-time employee be laid off, that person shall have the event option of taking the Employer deems it necessary to reallocate staffingjob of the least senior part-time employee in the program who holds a job for which they are qualified as above, reduce FTE’s and/or to reor may take the job of the least senior full-bid shift schedulestime employee as above. Part-time Advocates who are laid off may also take the job of the least senior part-time Advocate. If a part-time employee assumes the job of another employee (full or part-time), the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use that employee must work the same procedure full-time equivalence as provided for under Article 6the employee whose job was taken -- full or part-time.
(vii) Should a full-time employee’s job be reduced to part-time status, that employee shall have the option of: 1) retaining the reduced job, 2) taking over the job of the least senior part-time employee in the same job classification and program whose percent FTE is the same as the amount of the full-time employee’s job reduction percentage (in addition to retaining the reduced job), or 3) taking the job of the least senior full-time employee as outlined above. In If the case of reallocations of staffing or re-bidsemployee retains the reduced job, bidding their pay shall be limited to reduced accordingly and they shall receive no severance pay.
(b) No employee shall take the shift and/or department; bumping rights as outlined in Section 6.4job of another employee with more seniority.
(c) No employee shall take a job for which they are not qualified.
(d) An employee, who takes another job under the provisions of this Article, shall not apply to reallocations of staff and re-bidsbe compensated at the rate applicable for the new position with the employee’s then current seniority (experience cap). Seniority That employee shall be required to take the determining factor first available position that has the same rate of pay and qualifications as the position the employee was forced to vacate. Said employee shall receive preference over all other applicants (internal or external) regardless of seniority for reallocation of staffing and re-bidsthe above referenced positions.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E)a) The Company will endeavour to give at least two (2) weeks’ notice of layoff where business circumstances permit. In the event of a permanent layoffWhere business circumstances do not permit this notice, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior Company will explain the circumstances to the impending layoff. Subject to Union at the provisions of Section 6.2 above, employees shall be laid off in time the following manner:notice is given.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer(b) In laying off, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior in determining shift assignment as between employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use doing the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bidsjob, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority seniority shall be the determining factor as follows:
(i) All jobs with learner periods shall be filled by the senior persons who are fully qualified on the job, (have successfully completed all of the Learner Periods of the job as evidenced by documentation on Company records) or currently in a learner position on the job. However it is understood and agreed the Company shall have the right to retain the most senior fully qualified employee if it establishes that there is not one (1) fully qualified employee available to train on the same shift.
(ii) All jobs that do not have Learner Periods shall be filled in order of seniority. However it is understood and agreed that in all cases the Company shall have the right to pass over an employee if it establishes that he does not have the necessary skill, ability and physical fitness to perform the work available. For a layoff which in the judgment of the Company will not extend beyond three (3) consecutive days, application of seniority shall be by department or skilled occupational group within the department. A longer layoff will be dealt with by applying seniority on a plant wide basis. When the Company shuts down it’s operations for reallocation a specific period of staffing and retime, any available work assignments during the shutdown period will be dealt with by applying seniority on a plant wide basis as per 8.05 (a). At the end of the shutdown period, all employees who were reassigned or laid off will return to the job they were holding immediately prior to the shutdown. The Company will provide a familiarization period of five (5) working days to employee’s who bump into a job. The Company will provide a familiarization period of ten (10) working days to employees who bump to a job, where the job has changed as evidenced by G-bidsForms attached to the job description dated after the learner periods were completed.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). In the event of a permanent layoffor prolonged reduction in personnel is determined to be necessary, the Employer shall make its best efforts give as much notice as practicable to notify those affected employees. The Employer will give the Union, as well as regular full‐time and part‐time employees involved at least thirty (30) days no less than the minimum number of calendar days’ notice required by Section 4.5 prior to the impending layoff. Subject If the circumstances allow, the Employer may give an affected employee pay (based on scheduled hours) in lieu of notice for some or all of the notice period. Upon request, the Union and the Employer shall meet no later than five (5) days from the date of the notice of layoff to review the provisions layoff and discuss potential options to avoid layoff. Volunteers will be sought first among the incumbents in the affected job classifications at the affected location. Where a layoff affects a job classification across multiple locations, volunteers will be sought first among the incumbents of Section 6.2 abovethe classification. After any volunteers have accepted layoff status, employees seniority shall be laid off the determining factor in such layoff provided qualifications, skills and abilities are considered equal. The Employer shall be the following manner:judge of whether the qualifications, skills and abilities of employees are equal. This judgment shall be fairly and reasonably exercised.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. 8.2.1 An employee who has been displaced due to a layoff at their location may accept the layoff layoff, accept an open position for which they are qualified or may displace the position of any (bump) a less senior employee on the low seniority list for the employee's in their same job group, provided the employees' qualifications, competence classification (or a lower job classification that they previously held and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not satisfactorily performed) on the low seniority list, provided the employee’s skill and ability are considered equal. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) list will consist of an equal number of positions being laid off within the job groupclassification. Any employee identified for layoff who is on the low seniority least senior list and any employee who has been displaced by another employee pursuant to the above process is bumped may displace the accept an open position for which they are qualified in lieu of the least senior employee on the low seniority list being laid off provided the employees possess substantially equal qualifications, competence employee’s skill and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the ability are considered equal. The Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor judge of whether the skill and ability of employees are equal. This judgment shall be fairly and reasonably exercised. Provided, however, that for reallocation purposes of staffing this Section only, an employee will be considered to have equal skill and re-bidsability, if in the Employer’s opinion, the employee who seeks to bump should be able to function independently at a satisfactory performance level with no more than five (5) shifts of orientation. If an employee has not achieved a satisfactory level of performance after completing five (5) shifts of orientation, the employee will be subject to layoff and placement on the recall roster.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs 12.1.1 Technological change shall mean any change in the introduction of equipment, materials or processes different in nature, type or quality from that previously utilized or in work methods, organization, operations or processes affecting one or more employees which shall necessitate layoff.
12.1.1.1 The City shall provide the union, at least four (4) months before the introduction of a technological change, with a detailed description of the project it intends to carry out, disclosing all foreseeable effects and repercussions on employees, including pending layoff and shall update the information provided as new developments arise and modifications are made.
12.1.2 The City agrees to inform the Union of any proposed changes in the performance of services supplied by the City, four (4) months in advance of the proposed change being implemented.
12.1.3 In order that operations of the Union shall not become disorganized when layoffs are made, members of the Local Union Executive Board shall be the last persons laid off during their term of office unless such person would be affected by department and shift (See Appendix E). In normal seasonal layoff.
12.1.4 Layoffs affecting permanent employees shall be determined based on bargaining unit seniority provided employees have the event of a permanent layoffqualifications to perform the work remaining.
12.1.4.1 Unless legislation is more favourable to the employees, the Employer City shall make its best efforts notify employees who are to notify regular employees involved at least be laid off thirty (30) days prior to the impending effective date of layoff. Subject If the employee has not had the opportunity to work the provisions of Section 6.2 abovedays as provided in this article, employees he shall be laid off paid for the day(s) for which work was not made available.
12.1.5 When layoffs affect temporary employees only, seniority in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority department shall be the determining factor where the employee has the necessary qualifications to perform the work remaining.
12.1.5.1 Temporary employees working more than thirty (30) days in a relief assignment or temporary position shall receive five (5) working days notice of the proposed layoff and a record of employment slip shall be issued as soon as possible after the date of layoff.
12.1.5.2 A temporary employee, who wishes to request an earlier layoff than was planned, shall apply to the City for reallocation a Leave of staffing Absence at least fifteen (15) days prior to his requested layoff date. Requests shall be considered in the order that they are received. If the leave of absence is not approved and re-bidsthe employee still requires the early layoff, he shall have deemed to have resigned and shall lose all previously accumulated seniority.
12.1.6 Employees on layoff shall be able to exercise their seniority for posted positions. Permanent employees on layoff shall receive priority over temporary employees or others from outside of the bargaining unit, for posted permanent positions and shall be given the necessary training to perform the work, provided the employee has the skills and abilities similar to the vacant position for which he is being considered.
12.1.7 An employee on layoff must notify the Human Resources Department of any change to his telephone number or mailing address.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs 1. When Health Services decides to reduce the number of employees in the health service, the employee(s) affected are entitled to notice as set forth below. In making layoff decisions, Health Services will take into consideration physicians' length of service at the University as well as the needs of Health Services.
a. Five (5) working days notice for each continuous full year of service except that the minimum notice will be 20 working days and the maximum will be 125 working days. For purposes of this notice, 10-month appointments are considered full years and continuous.
b. During this notice period, employees will be provided reasonable consideration for time to seek other employment either through use of vacation, administrative leave, accrued compensatory time, adjusted work schedule, or leave without pay. All earned vacation time must be used prior to the effective date of layoff.
c. If during this period of notice, a vacancy which is to be filled occurs in the employee's job title, the employee is eligible for that vacancy provided that the Director determines that he/she has the requisite qualifications, ability, and suitability to perform the work available.
d. For one (1) year from the date of layoff notice, the employee will remain on a recall list. If during that time a vacancy which is to be filled occurs in the employee's job title, the employee is eligible for that vacancy provided that the Director determines that he/she has the requisite qualifications, ability, and suitability to perform the work available. Notice of recall will be sent by certified mail to the employee's last known address on record.
e. An employee who, prior to layoff, was full-time shall be not lose his/her position on a recall list by department and shift (See Appendix E)declining a part-time vacancy. An employee who, prior to layoff, was part-time shall not lose his/her position on a recall list by declining a full- time vacancy.
2. In the event of a permanent layoffRutgers plans to lay off employees, Rutgers shall give notice to the Employer shall make its best efforts to notify regular employees involved Union at least thirty (30) 30 days prior to the impending layoff. Subject date of the anticipated layoff and, upon the Union's request, shall meet with the Union to discuss the provisions of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list reason(s) for the employee's job grouplayoff.
3. ▇▇▇▇▇▇▇ agrees to provide Doctors Council with notice as soon as possible, provided the employees' qualificationsbut in no event later than forty-five (45) days, competence and efficiency are considered substantially equal in the opinion prior to any privatization or sub-contracting out of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the EmployerHealth Services.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E)In the event of a proposed layoff of a permanent or long term nature, the Employer will provide the Union with no less than 30 calendar days’ notice. In the event of a permanent layoffother layoffs, the Employer will provide the local Union with as much notice as possible but no less than notice in accordance with Employment Standards Act. Such notice shall make its best efforts not be in addition to notify regular employees involved at least thirty (30) notice provided to employees. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff without discussion with the Union. The Employer shall meet with the Union to discuss reductions in hours or layoffs or alternatives as far in advance as possible but no less than 30 days prior to the impending expected date of implementation.
a. If requested, the Employer will meet with the local Union to review:
i. the reason causing the layoff;
ii. the service, which the Employer will undertake after the layoff;
iii. the method of implementation including the areas of cut-back and the employees to be laid-off.
b. A layoff of employees shall be made on the basis of seniority provided that the employees who are entitled to remain on the basis of seniority are qualified to perform the available work. Subject to the provisions of Section 6.2 above, foregoing probationary employees shall be first laid-off. Employees shall be laid off in the following mannerreverse order of seniority.
c. An employee in receipt of notice may:
a. Temporary employees;i. accept the layoff; or
b. Probationary employees;
c. Regular full-time and part-time employeesii. An bump another employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low lesser bargaining unit seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) lower or identical paying classification for which they are qualified as per the normal position description, to meet the requirements of the job groupand perform the work, without training other than a brief familiarization or orientation.
iii. Any bumping outside the laid off individuals classification shall be allowed with the understanding that an employee identified for subject to layoff who is on chooses to bump, must bump the low seniority list and any employee with the less seniority, who has been displaced by another employee pursuant equal to or less scheduled hours than the above process may displace bumping employee, provided that the position individual bumping has the requirements of the job and can perform the work without training other than a brief familiarization or orientation of at least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event one (1) day (longer if the Employer deems it necessary necessary).
iv. All employees who are potentially affected shall be given notice, and should respond in writing within five (5) calendar days of receipt of notice.
v. An identical classification shall be deemed to reallocate staffingbe any classification where the straight time hourly wage rate is equal to or less than the classification the employee is being laid off from.
vi. A full time employee can bump full time employees in identical classifications first, reduce FTEif s/he so chooses, before bumping a part time employee in the same classification as the laid off employee.
vii. Normally, an employee shall not be allowed to bump into greater hours or a higher paying classification. In this Article, “greater hours” shall mean more than 10 hours greater than the employee’s and/or normally scheduled hours.
d. Employees shall be recalled in the order of seniority, unless otherwise agreed between the Employer and Local Union, provided that the employee is qualified to re-bid shift schedulesperform the available work.
e. Where a vacancy occurs in a position following a layoff, hereunder as a result of which an employee had been transferred to another position, the Employer affected employee will be offered the opportunity to return to her former position, provided such vacancy occurs within six (6) months of the date of layoff. Where the employee returns to her former position, there shall notify be no obligation to consider the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for vacancy under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids11.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs If it becomes necessary to reduce Hahnemann's work force because of lack of work, funding or an emergency that curtails normal operation, the following shall be by department and shift (See Appendix E)apply.
1. In the event of a permanent layofflayoff within a department, unit or shift, all non-bargaining unit employees in the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 aboveclassification affected, including all daily and traveling agency employees shall be laid off in first. Probationary Employees within the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular job classification shall be laid off next, followed by regular full-time and part-time employees, based on their bargaining unit seniority. An employee who has been displaced due The Hospital shall allow RN’s to voluntarily reduce hours or take a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of affected area, in order to meet the Employernecessary reduction.
2. In the event an Employee is scheduled to be laid off in one department/unit and there exists a vacant position or a position filled by a probationary Employee in another department which the Employee has the present ability to perform; then bargaining unit seniority shall prevail in assigning such Employee scheduled to be laid off to such vacant position or position filled by the probationary Employee.
3. If there are no vacant positions or positions occupied by Probationary employees available, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of employees targeted for layoff may bump the least senior employees comparable employee in a job group who comprise twenty percent (20%) of the bargaining unit, provided they have more bargaining unit seniority and have the requisite qualifications, skill and ability to perform the job groupwith a minimum amount of orientation, which would vary from unit to unit and nurse to nurse but could take up to three (3) weeks. Any employee identified for layoff Employees to be laid off shall be given at least two (2) weeks' notice, or pay in lieu thereof, except in emergency situations. Probationary Employees need not be given two (2) weeks' notice prior to layoff.
4. While rare, it is recognized that an Employee may be retained due to special training, knowledge or ability who has less seniority than the one who is on to be laid off (such as an Operating Room specialty that would normally require 6-9 months of orientation) If this occurs the low seniority list and any employee who has been displaced by another employee pursuant Hospital will state the reason in writing to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union Union and the employees a minimum of 7 days prior affected Employee. Disputes regarding this paragraph are subject to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.7/8
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). In the event of the District, in its discretion, determines that a permanent layoffreduction in force is appropriate, employees whose positions are eliminated or are “bumped” by another employee may "bump" or displace employees working in an equal or lower paying classification (or in a higher paying classification under #5 below) if the following conditions are met: In order to displace or bump another employee, the Employer shall make its best efforts to notify regular employees involved at employee must have greater District seniority than the least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, employees shall be laid off senior employee working in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employeesclassification. The employee must meet qualifications as determined by the district to perform the work in the classification. An employee who has been displaced bumped to a new position and who voluntarily requests within a thirty (30) day probationary period to retreat to a Layoff Status or who fails to satisfactorily complete a thirty (30) day probationary period as determined by the superintendent shall be returned to a Layoff Status. The period of time served in the position to which she/he has bumped will be counted, for seniority purposes. In certain instances, when the best interest of a child or children may be critical, and with the agreement of the Association, a position may be declared a "sensitive position" and would become exempt from the layoff and bumping procedures. If the employee requesting to bump is unable to bump due to a layoff #2 or #4 they may accept move up the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any bump into a higher paid classification provided they have more district seniority than the person bumped and they have previously, successfully completed a probationary period in the position. This will not apply if after completing the probationary period the employee who has been displaced by another employee pursuant to the above process may displace was subsequently removed from the position for disciplinary reasons or based on poor performance. Recall - Recalls from a layoff shall be made according to District seniority. No new employee shall be hired into a classification until all laid-off employees from that classification have been given a chance to return to work. An employee shall be eligible for recall for two (2) years from the date of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’slayoff. In order to maintain the case right to recall, an employee must register in person or by mail, with the superintendent or his designee, upon change of an FTE reductionaddress, the Employer shall use the same procedure as provided telephone number, and at least every six (6) months to signify his/her availability for under Article 6recall. In the case of reallocations of staffing or reLaid-bids, bidding off employees shall be limited recalled only by certified letter, return receipt requested, and shall have five (5) days from receipt of such notification in which to inform the shift and/or department; bumping rights as outlined District of their intent to return to work, and shall have an additional ten (10) days in Section 6.4which to report to work. An earlier reporting date may, shall not apply to reallocations of staff and re-bids. Seniority shall by mutual agreement, be the determining factor for reallocation of staffing and re-bidsarranged.
Appears in 1 contract
Sources: Master Agreement
Layoff. Layoffs 1. If the County must reduce the number of employees/positions within a classification or within a department as defined in section 2.3, the employee with the least amount of bargaining unit seniority shall be by department selected for layoff. The employee so selected shall have the right to bump a less senior bargaining unit employee in an equal or lower classification, (based upon the maximum pay rate) of the employee’s own choosing in any department, provided such employee has more seniority than the employee being bumped, and shift (See Appendix E)provided further, that such employee meets the same minimum qualifications as would be expected of anyone obtaining the job through the normal job posting procedure. Departments are defined in section 2.3. In the event of a permanent layoff, the Employer shall employees will have three (3) business days to make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending a job selection following notification of layoff. Subject to In the provisions of Section 6.2 aboveevent no selection is made, employees the employee shall be laid off in the following manner:on layoff status subject to recall.
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees2. An employee who has been displaced due is bumped in accordance with Paragraph 1 above shall be afforded the same bumping rights provided in Paragraph 1 above, but if such employee is unable to bump any other employee, such employee shall be placed on layoff.
3. Where two (2) or more employees have the right to bump, the above bumping rights shall be exercised by such employees in order of their bargaining unit seniority from most senior to least senior.
4. An employee bumping into a different position shall serve the normal probationary period for that position. An employee who proves unable to perform the work in the different position during the probationary period shall not be allowed to again exercise bumping rights, but shall be placed on layoff. During such probationary period, an employee may voluntarily choose to be placed on layoff, but shall not be allowed to again exercise
5. An employee who is bumped out of his/her position shall have the preferential rights to return to such position if, for any reason, it should become vacant within sixty (60) days from the time the employee is bumped from it.
6. Employees laid off in a reduction of force shall have their seniority status continue for a period equal to their seniority at the time of layoff, but in no case shall this period be less than three (3) years. While any employees hold layoff may accept seniority status, they shall be given the layoff or may displace opportunity to be recalled and placed in vacant jobs by using the position job posting procedure. Laid off employees holding seniority status shall be sent copies of all job postings as they occur. If an employee is the senior qualified applicant on a posting and declines to return to work when awarded the position, such employee forfeits all accumulated seniority rights. If no qualified applicant is awarded the position, and a laid off employee declines to be recalled to the position, such laid off employee shall forfeit all accumulated seniority rights. It is the responsibility of laid-off employees to promptly inform the personnel department of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion change of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employermailing address.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: 7. In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedulesan employee does not pass probation, the Employer employee shall notify have the union and the employees a minimum of 7 days prior right to grieve such action subject to the re-bid just cause provisions of this agreement.
8. Employees who have exercised their bumping rights, or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4recalled employees, shall not apply have the right to reallocations of staff and re-bids. Seniority shall be the determining factor post for reallocation of staffing and re-bidsa job.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs 1. If the County must reduce the number of employees within a classification or within a department, the employee with the least amount of bargaining unit seniority shall be selected for layoff. The employee so selected shall have the right to bump a less senior bargaining unit employee in an equal or lower classification of the employee's own choosing in any department, provided such employee has more seniority than the employee being bumped, and provided further, that such employee meets the same minimum qualifications as would be expected of anyone obtaining the job through the normal job posting procedure. Departments are defined in section 2.3.
2. An employee who is bumped in accordance with Paragraph 1 above shall be afforded the same bumping rights provided in Paragraph 1 above, but if such employee is unable to bump any other employee, such employee shall be placed on layoff.
3. Where two (2) or more employees have the right to bump, the above bumping rights shall be exercised by department such employees in order of their bargaining unit seniority from most senior to least senior.
4. An employee bumping into a different position shall serve the normal probationary period for that position. An employee who proves unable to perform the work in the different position during the probationary period shall not be allowed to again exercise bumping rights, but shall be placed on layoff. During such probationary period, an employee may voluntarily choose to be placed on layoff, but shall not be allowed to again exercise
5. An employee who is bumped out of his/her position shall have the preferential rights to return to such position if, for any reason, it should become vacant within sixty (60) days from the time the employee is bumped from it.
6. Employees laid off in a reduction of force shall have their seniority status continue for a period equal to their seniority at the time of layoff, but in no case shall this period be less than three (3) years. While any employees hold layoff seniority status, they shall be given the opportunity to be recalled and shift (See Appendix E)placed in vacant jobs by using the job posting procedure. Laid off employees holding seniority status shall be sent copies of all job postings as they occur. If an employee is the senior qualified applicant on a posting and declines to return to work when awarded the position, such employee forfeits all accumulated seniority rights. If no qualified applicant is awarded the position, and a laid off employee declines to be recalled to the position, such laid off employee shall forfeit all accumulated seniority rights.
7. In the event of a permanent layoffan employee does not pass probation, the Employer employee shall make its best efforts have the right to notify regular employees involved at least thirty (30) days prior grieve such action subject to the impending layoff. Subject to the just cause provisions of Section 6.2 above, employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employerthis agreement.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs (a) When it is determined by the Company that a reduction in the workforce is necessary that will last more than 2 weeks it will provide a minimum of 1 week notice to the employees to be laid off, unless the layoff is caused by emergent unforeseen circumstances . For layoffs of less than two weeks it will provide notice to employees in accordance with the Employment Standards Act. The procedure described in this article shall be administered in a reasonable manner.
(b) Layoffs of employees within a classification will be based on the reverse order of seniority provided they have the qualifications to perform the available work.
(c) Where a layoff is to exceed 6 weeks, affected employees, in order of seniority, shall be assigned by department the company to displace the most junior employee in a classification at the same level provided that such employee is more junior and shift the displacing employee has the proven qualifications to perform the job in question.
(See Appendix E). In d) Failing such placement, affected employees, in order of seniority, shall be assigned by the event of a permanent layoffcompany to displace the most junior employee in the next lower classification provided that such employee is more junior and the displacing employee has the proven qualifications to perform the job in question.
(e) Failing such placement, the Employer employee shall make its best efforts to notify regular employees involved at least thirty (30) days prior be assigned to the impending layoffjob performed by the next most junior employee within that classification provided that such employee is more junior and the displacing employee has the proven qualifications to perform the job in question.
(f) If the employee is incapable of being assigned to any position in that classification the process shall be repeated in the next lower classification, and so on, until the employee is placed or it is determined that no appropriate position exists, in which case he/she shall be laid off.
(g) An employee so assigned will be paid the rate for the position to which he/she is assigned.
(h) Employees displaced shall be assigned in a similar manner.
(i) An employee who does not wish to accept the position to which he/she has been assigned may elect to be laid off.
(i) Recall of laid off employees to available vacancies in their previously held positions shall prevail over job posting provisions in article 12.04. Subject to the provisions of Section 6.2 above, Laid off employees shall be laid off offered reinstatement to employment in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee their classification on the low basis of seniority list for the employee's job groupin reverse order of their layoff, provided they have the employees' qualifications, competence and efficiency are considered substantially equal in qualifications to perform the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualifications, competence and efficiency in the opinion of the Employeravailable work.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days prior to the re-bid or reallocation of FTE’s. In the case of an FTE reduction, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bids.
Appears in 1 contract
Sources: Collective Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E)The County retains the right to lay off employees. In the event of a permanent layoff, the Employer County shall make its best efforts determine which positions shall be subject to notify regular employees involved at least the layoff. Employees in positions subject to a layoff shall be given no less than thirty (30) days written notice prior to the impending effective date of the layoff. Subject Any notice of layoff shall include notification of the employee’s bumping rights and the deadline by which they need to be exercised. Should the provisions of Section 6.2 above, employees shall be laid off in County choose to reduce the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position hours of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees represented positions in a job group who comprise twenty percent (20%) of department, the job group. Any employee identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position hours of the least senior employee in that job classification shall be reduced first. Employees whose positions have been reduced in hours by more than 10% may choose to voluntarily accept a layoff and be entitled to severance pay, payoff of leave accruals and limited recalls per the terms of this Agreement. Employees whose positions have been reduced in hours only do not have bumping rights. Except as provided in Section 11.8C, below, when an employee whose position was eliminated is notified of a layoff, the employee shall be permitted to exercise seniority rights to bump (replace an employee with less seniority) another employee in the bargaining unit. Such employee may bump an employee provided the bumping employee has greater seniority than the employee to be bumped and providing the employee meets the minimum Civil Service qualifications of the job classification into which the requested bump is made. No bargaining unit employee shall be laid off while temporary employees performing substantially the same duties are retained by the County. The bumping employee need not be on the low seniority Columbia County eligibility list provided for the position into which the employee is bumping. Any disagreement as to qualifications of employees possess substantially equal qualificationsto fill a job by bumping may be taken up by the Union as a grievance, competence and efficiency in the opinion starting at Step III of the Employer.
6.4.1 Reduction process. A bumping employee shall be placed on a six (6) month trial period in FTE/Reallocation a new position. If the employee fails to perform the duties of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s and/or to re-bid shift schedulesposition satisfactorily during this trial period, the Employer employee shall be returned to layoff status but shall retain recall rights until the end of the original two (2) year term as provided in Section 11.8B below. In addition, the employee may initiate a subsequent request to bump as provided below. Within five (5) working days of receipt of notice of layoff, the employee may initiate bumping rights by notifying the County, in writing, with a copy to the Union and the department head affected. This notification shall include the bumping employee’s seniority date, present department and job classification. It will also include the employee to be bumped, by name, seniority date, present department and job classification. Within five (5) working days of receipt of this notification, the County shall approve or deny the bumping request and notify the union bumping employee of its decision, with copies to the Union and the employees department head affected. If the bumping is approved, the employee to be bumped will be notified of this decision and given layoff notice at the same time as the bumping employee is notified of the approval to bump. If denied, the bumping employee shall have five (5) days to either initiate a minimum subsequent request to bump another employee as provided above or initiate a grievance beginning at Step III of 7 days the grievance procedure. If the bumped employee is compensated at a rate that is lower than the bumping employee, the bumping employee shall be compensated at no less than the same salary range and step level as the bumped employee. If the bumped employee is compensated at a rate that is higher than the bumping employee, the bumping employee shall be compensated at the first step of the salary range of the bumped employee or at the rate of the bumping employee prior to the re-bid or reallocation of FTE’s. In the case of an FTE reductionlayoff, the Employer shall use the same procedure as provided for under Article 6. In the case of reallocations of staffing or re-bids, bidding shall be limited to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor for reallocation of staffing and re-bidswhichever is higher.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. Layoffs shall be by department and shift (See Appendix E). a. In the event of a permanent layofflayoff in a job classification, the Employer shall make its best efforts to notify regular employees involved at least thirty (30) days prior to the impending layoff. Subject to the provisions of Section 6.2 above, temporary employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular first, then probationary employees before either regular full-time and or part-time employees. An employee who has been displaced due to a layoff may accept the layoff or may displace the position of any employee Layoffs will occur on the low seniority list for basis of their attained Bargaining Unit seniority. For the employee's purpose of layoff, Respiratory Therapy Technicians and Respiratory Therapists shall be considered as a single job groupclassification. In addition, provided the employees' qualifications, competence Medical Technologists and efficiency are Medical Lab Technicians shall be considered substantially equal in the opinion of the Employer, and provided further that the employee who was initially displaced is not on the low seniority list. The low seniority list consists of the least senior employees in as a single job group who comprise twenty percent (20%) of the job group. Any employee identified classification for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may displace the position of the least senior employee on the low seniority list provided the employees possess substantially equal qualificationspurposes. However, competence and efficiency in the opinion of the Employerno event shall all Medical Technologists be laid off.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: b. In the event a full-time or part-time, permanent, non- probationary employee is scheduled to be laid off from a classification, he/she may displace another employee within the Employer deems it department on the basis of Bargaining Unit seniority, provided he/she is qualified to perform said job. The immediate supervisor shall determine the employee’s acceptability during a fourteen (14) day orientation/evaluation period.
c. It is recognized that an employee may be retained due to special training, knowledge or ability who has less seniority than one who is to be laid off (e.g., mammography). If this occurs the Hospital will state the reason therefore in writing to the Union and the affected employee. Such special training, knowledge or ability must be necessary to reallocate staffingthe performance of the job, reduce FTE’s and/or and must not be obtainable by the more senior employee within a two-week period of on the job training and orientation.
d. Employees scheduled to re-bid shift schedules, the Employer be laid off shall notify the union and the employees a minimum of 7 days prior be entitled to three weeks notice or pay in lieu thereof. Such notice shall also be given to the re-bid or reallocation Union no later than it is provided to the employees. The Hospital shall meet and discuss on such layoffs in advance of FTE’s. the initiation of said layoff, when possible.
e. In the case of event an FTE reductionemployee is scheduled to be laid off from a department, the Employer shall use the same procedure as provided he/she may bid for under Article 6. In the case of reallocations of staffing or re-bids, bidding an open position and shall be limited given priority for such position before transfers of employees not facing layoff.
f. Employees who are laid off may exercise the option of entering the pool. The Hospital will make an effort to the shift and/or department; bumping rights as outlined in Section 6.4, shall not apply to reallocations of staff and re-bids. Seniority shall be the determining factor utilize laid off employees for reallocation of staffing and re-bidspool assignments when possible.
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Sources: Collective Bargaining Agreement