Common use of Layoff Clause in Contracts

Layoff. 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 laid off prior to the layoff 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. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties in the organization(a) The Employer will, lack of workwhenever practicable, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior keep layoffs to the layoff 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. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 has all the qualifications presented in the job descriptionminimum. In the event an employee does not currently have the relevant certification/licensea layoff occurs, the employee is still eligible Employer will notify 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. (b) A grievance concerning a layoff may 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 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 exercise this bumping right provided notify the pertinent certification/license is Department of Human Resources and can Employee Relations should the Employee wish to be obtained within six considered as an applicant for a position posted in accordance with Article 12 - Job Posting. (6e) months. A return date will be identified on a Record of Employment issued to sessional employees. (f) An employee Employee who bumps another employee must complete probation receives notice of job closure and who currently has a Job Evaluation Questionnaire in either the position. Failure to make probation within six (6) months rating or appeals queue, will result in the employee’s termination. In an effort to minimize the disruption have their questionnaire moved to the workforcetop of the respective queue in order to establish a final rating for the Employee's current position prior to choosing one of the options as outlined in Articles 15.05 and 15.06. (g) In some instances, an employee that is bumped will not have a right YusApuY and the Employer may meet with the Employee affected by layoff to bump and will be laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied consider advance priority placement prior to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesreceipt of formal notice.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. 1. If there are changes the County must reduce the number of duties employees within a classification or within the 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 choosing in the organizationDepartment, lack 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 work, or lack of funds, anyone obtaining the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to job through the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeenormal job posting procedure. 2. An employee who is bumped in accordance with Paragraph 1 above shall be given notice of a layoff with as much notice as reasonably possibleafforded the same bumping rights provided in paragraph 1 above, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given if such employee is unable to the Local Union Presidentbump any other employee, or designee, and to the employee. Employees such employee shall be laid off 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 a division in the inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager shall first make every reasonable effort from most senior 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 departmentsenior. 4. An employee wishing bumping into a different position shall serve the normal probationary period for that position. An employee who proves unable to bump must perform the work in the probationary period shall not be allowed to again exercise his or 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 five sixty (560) 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 time the employee is still able bumped from it. 6. Employees laid off in a reduction of force shall have their seniority status continue for a period equal to perform their se- niority at the essential functions 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 oppor- tunity to be recalled and placed in vacant jobs by using the job and has posting procedure. Laid off employees holding seniority status shall be sent copies of all the qualifications presented in the job descriptionpostings as they occur. In the event an employee does not currently have declines to return to work when recalled under this section, such employee shall forfeit all accumulated seniority rights. It is the relevant certification/license, responsibility of laid-off employees to promptly inform 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under Personnel Department of any circumstanceschange of mailing address.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes Layoff shall be defined as a permanent and or temporary reduction in days, and/or positions. In the event the District in its discretion, determines that a reduction in force is appropriate, the District will determine which position is to be eliminated. The least senior person in that particular classification is then displaced from his or her position. The more senior person who holds the position to be eliminated is then moved into the position vacated by the least senior 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 specific assignment within a classification. 1. Within five (5) working days of duties 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 organization, lack of work, or lack of funds, the City Manager may lay off employeesDistrict. All temporary and seasonal positions shall be laid off prior to the layoff 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. An The 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 permitted to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 in the same or lower salary range occupying a position District, providing the employee previously held is qualified to perform the duties of the position. The individual will be deemed qualified to perform the duties of the position if the employee has performed the duties of the specific position before as a regular district employee. If the employee desiring to bump is not qualified to 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 employee’s present departmentDistrict, etc. 2. An employee wishing to bump must exercise his or her right within five (5) calendar days from bumping into a different classification will remain on the date he or she receives his or her layoff notice. To bump to same step of the salary schedule in the new position as the employee was on in the prior position, though the employee must have completed probation in the position they are hourly wage may change. 3. The bumping toprocess is not to be used to move to a promotion, namely from a secretarial to an office manager position. A bump will only be allowed if the employee is still able to perform the essential functions The Association may, upon notification of the job and has all layoffs, request to meet with a designated District representative to discuss the qualifications presented in pending layoff. As a part of the job description. In the event an employee does not currently have the relevant certification/licensediscussions relative to displacement procedures, the employee is still eligible to exercise this bumping right provided Association may provide the pertinent certification/license is and can District with suggestions or recommendations for reductions. However, such suggestions or recommendations shall not be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have construed as a right to bump 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 a classification is contemplated, employees affected by such layoff shall receive written notice of such action at least ten (10) workdays in advance of any layoff. The ten (10) day notice would not be necessary in the event of an emergency 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 employee will be laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied compensated for up to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesone year’s accrual of vacation days.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. (a) If there are changes of duties a reduction in the organizationforce is necessary, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions layoffs shall be laid off prior to the layoff 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. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division take place in the inverse order of their bargaining unit seniority within the date of hire into the Sergeant’s job description affected by classification. (b) NJIT shall simultaneously provide the SOA and the Sergeant(s) concerned a two (2) week notice of layoff. The City SOA may request and have scheduled a meeting with the Manager shall first make every reasonable effort of Labor Relations to integrate those employees into another position by transfer or consider alternatives to layoff by discuss possible alternatives; however, the Union. Within individual division, final discretion rests with NJIT. (c) When a bargaining unit employee Sergeant is scheduled for a layoff due to reduction or reorganization in the workforce, he/she shall be permitted, to the extent permitted by 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 he/she successfully completes the least senior employee 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. (iii) Salary Range and Step placement for a Sergeant, successfully exercising the contractually authorized bumping privilege, shall be as follows: (1) The Sergeant shall be placed at the same or lower nearest higher step on the commissioned police office salary range occupying a position the employee previously held from that step occupied prior to layoff, if available in the employee’s present departmentrange. An employee wishing If not available within the range, then the Sergeant shall be placed at the closest step available within the appropriate range. (d) The parties hereto commit 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 positionwork together toward minimization of departmental, 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 university and bargaining unit disruption caused by implementation of the job contractually authorized layoff and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesscheme.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. a. If there are changes of duties a reduction in the organizationforce is necessary, lack of work, Layoffs shall take place within a designated department or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff 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. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division job classification in the inverse order of their bargaining unit seniority within the date of hire into the job description affected classification. b. The Employer shall simultaneously provide the Union and the employee(s) concerned at least two (2) weeks notice of Layoff. The Union may request and have scheduled a meeting with the Vice President of Human Resources or his/her designee to discuss possible alternatives; however, the final discretion rests with the Employer. c. When an employee is scheduled for Layoff due to reduction or reorganization in the 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 layoffEmployer, transferred into said vacancy. The City Manager Transference into the vacant position carries a ninety (90) day performance based probationary period. During said period, if the Employer is not satisfied with the probationary employee’s performance but no earlier than sixty (60) days into the probationary period it will then place such employee on Layoff. An employee thus laid off shall first make every reasonable effort remain entitled to integrate those employees into another position by transfer Recall 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 consider alternatives modifies the right of the Employer to layoff 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, he/she shall be permitted to exercise 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 UnionEmployer. Within individual divisionHowever, the 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 bargaining unit employee scheduled for layoff may bump bumping applicant shall begin with 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.classification of the bumping applicant and proceed to the next least senior held position in that classification until an actual bumping is accepted by the Employer, or the five

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties Should the Employer determine the need to reduce the work force, it shall occur as follows: A. Probationary employees in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions affected Divisions shall be laid off prior to the layoff of any regular status bargaining unit employeesfirst. B. If further reductions are necessary, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. 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 employees will be given to the Local Union President, or designee, and to the employee. Employees shall be laid off by classification in a 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 inverse order of movement is lateral or a demotion. 2. Employees who are unable to bump anyone within 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 Division or consider alternatives to layoff by the Union. Within individual division, classification may then bump a bargaining unit employee scheduled for layoff may bump the least less senior employee at the same in another Division or lower salary range occupying a position classification which 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 has all holds the qualifications presented as outlined in the job description. In the event no case shall an employee does not currently gain in wages or hours through the bumping process. 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. 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. Any employee who has bumping rights as set forth above shall 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to either exercise the bump and will or to accept the layoff until recalled. D. The employees who are displaced after the bumping process has been exhausted shall be laid off. When layoffs occur in The employee’s seniority shall be frozen for up to three (3) years or the duration of his/her seniority at the time of layoff whichever is less, or until recalled to a part-position within the bargaining unit, which ever comes first. E. Employees to be laid off for an indefinite period of time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.will have at least ten

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties 1. Temporary and probationary County-funded employees in the organizationdepartment shall be separated first. 2. Additional layoffs shall be based on the following criteria in the following order: a. The seniority of the employees in the affected classification series within the department. b. The relative ability and qualifications of the employees as determined by the department head within the affected classifications of his/her department. c. In the event that (a) and (b) are equal, lack preference will be given based on the last four (4) digits of workthe employee’s Social Security number with the smaller number being first. 3. Seniority will be based on continuous service with the County, 1) in the affected classification, or lack 2) classification in the same series at a higher salary grade in the event an employee has been reduced in grade in accordance with this Article. Creditable service for seniority must be in a permanent or permanent-intermittent position with the County. 4. As a result of fundsthe application of this layoff procedure, the City Manager County may lay off employeescause the reassignment, transfer, reduction in grade, or any combination thereof, or the layoff of an employee. 5. All temporary and seasonal positions permanent status personnel who are affected by layoff shall have the right to elect a reduction in grade to a lower classification. 6. No employee will have the right to bump to a position in another department, outside the bargaining unit, or to bump a position of a higher salary grade than he/she currently fills. A permanent employee to be laid off prior to may bump a temporary or probationary employee of the layoff of any regular status bargaining unit employees, so long as same classification in the temporary work falls within the usual department and customary duties of in the bargaining unit employeeif the employee voluntarily agrees to commute or relocate at no expense to the County. 7. An employee reduced in grade may have his/her salary reduced and in no event shall exceed the maximum for the class, but shall not have his/her anniversary date adjusted. 8. The assignment of an employee to a position within a classification will be at the discretion of the department head. 9. Separation due to layoff shall require the giving of at least two (2) weeks notice to the employee, or payment in lieu of notice, of an equivalent amount of the employee’s base salary by the County. 10. No permanent employee initially hired into and serving in a grant-funded position may initiate a bump into a County-funded position unless he/she is displaced by someone who has bumped him/her. Employees electing to bump into grant-funded positions have no property right to the position or County service if the funding ceases. 1. Any permanent status employee reduced in grade or laid off under this Article shall, based on seniority, have his/her name placed on an appropriate County recall list/lists for a period of two (2) years. Previous employees shall be given notice of a layoff with as much notice as reasonably possiblenotified by certified mail, but no less than fourteen return receipt requested, at their last known address and shall within ten (1410) calendar days before of receipt respond affirmatively by certified mail or in person that they are accepting the effective dateoffer of recall. Notice Failure to respond in a timely manner will mean that the person has refused the offer of recall and the person will be removed from the recall list/lists. An employee must be available for work within two (2) weeks of acceptance of the layoff will be given to offer. 2. When positions become available in a class in the Local Union Presidentdepartment and in the bargaining unit, personnel who have been laid off or designee, and to the employee. Employees reduced in grade in that class from that department shall be laid off recalled in a division in the inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager order of recall 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 be: a. Employees who are reduced in grade based on the same or lower salary range occupying criteria in Section 1(b). b. Former (laid off) employees who held 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 same class based on the date he or she receives his or her layoff notice. To bump to the position, the employee must have completed probation same criteria in Section 1(b). c. Former employees who held a position 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 has all the qualifications presented in the job descriptionsame series. In the event an employee does not currently have that a classification has only had a change in title, employees on the relevant certificationold recall list/licenselists shall be placed on the new respective list/lists. 3. Upon recall after layoff, the employee is still eligible to exercise this bumping right provided time that the pertinent certification/license is and can person was on layoff shall be obtained within six (6) months. An employee who bumps another employee must complete probation counted as a break in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesservice.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes No layoff or permanent reduction in hours shall be implemented without: 1. Notifying the Union seven (7) days in advance. Such notice shall indicate the job classifications, number of duties hours, and employees who will be affected by the reduction in staff. 2. The Union may request a meeting for the organization, lack purpose of work, avoiding or lack mitigating said layoff and discussion of funds, the City Manager may lay off employeesprocedures to be followed. All Any such meeting shall be held within four (4) days of the notice of layoff. 3. Probationary and temporary and seasonal positions employees within the affected job classification shall be laid off prior or have their hours reduced first, without regard to the layoff their individual periods of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeeemployment. 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 Local Union President, or designee, and to the employee. Employees Non-probationary employees shall be laid off or have their hours reduced next in a division in the inverse reverse order of their bargaining unit 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 within order, starting with the job description affected by most senior employee on the layoffshift. 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 rules: a. The Employer may eliminate full shifts. The City Manager shall first make every reasonable effort Employer also may shorten the length of the work shift of one or more employees per department, per shift. b. If the Employer is going to integrate those employees into another position by transfer or consider alternatives to layoff by cancel a full shift, it will cancel shifts in rotating seniority order, starting the Union. Within individual division, a bargaining unit employee scheduled for layoff may bump rotation with the least senior employee working the shift and progressing to the most senior employee on that shift. c. No employee shall lose more than fifteen (15) hours per calendar month due to involuntary shift cancellations or reductions. If it becomes necessary to reduce hours due to a low census situation and the least senior employee on duty 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 same or lower salary range occupying Employer makes a position reasonable effort to notify the employee previously held in at least two (2) hours prior to the scheduled starting time that the employee is scheduled to report to work. It shall be the employee’s present departmentresponsibility to keep a current telephone number on file with the Employer. An Failure by the employee wishing to bump must exercise his or her right within five (5) calendar days do so shall exempt the Employer from such notification requirement and from the date he or she receives his or her layoff noticeabove minimum guarantee. To bump Reasonable effort shall be defined as an Employer telephone call to the position, telephone number provided by the employee must have completed probation in and either leaving a message with the position they are bumping to. A bump will only be allowed if person who answers the employee is still able to perform the essential functions of the job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in telephone or leaving a message on the employee’s terminationanswering machine. e. 1. In an effort to minimize the disruption to the workforcea low census situation lasting one (1) month or less, an employee that is bumped will employees do not have a right to bump and will be laid off. When layoffs occur bumping rights in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancescases of either hour reductions or shift eliminations.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties The University shall, with a copy to the Union, identify the positions to be abolished and the employee(s) to be effected and shall notify employees in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal these positions shall be laid off not less than twenty (20) working days prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties abolishment of the bargaining unit employeepositions, pay the employee in lieu of notice, or combine pay and notice. An employee The notice shall be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before include the effective date. Notice 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. 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 Local Union President, junior employee or designee, and to be placed on the employeerehire list. Vacant positions within the layoff/seniority unit will be considered a more junior position than any occupied by an incumbent. Employees shall be laid off in a division in the 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 no bumping to. A bump will only be allowed if the employee is still able to perform the essential functions of the job and has 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 bumps another employee must complete probation in the position. Failure to make probation rights per Article 17 within six (6) months will result 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 employee’s terminationjob description for the classification and any specific position requirements) to perform the necessary work. In an effort The least senior employee in a classification shall have the right to minimize replace the disruption 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 workforceposition 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, an employee that is bumped will not s/he shall have a the right to bump and 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 a Final Counseling action plan. In accordance with the above, the incumbent in a position to be abolished will be laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied given up to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesthree (3) working days to determine if s/he wants to exercise his/her bumping rights.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties A layoff shall be defined as a reduction in the organizationwork force, lack of workan employee's position being eliminated, or lack a reduction in the employee’s regular hours of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff of any regular status bargaining unit employees, so long work as the temporary work falls within the usual and customary duties of the bargaining unit employee. An employee shall be given notice of a layoff with defined in this Agreement. (a) The Employer will give as much notice as reasonably possible, is feasible but no not less than fourteen thirty (1430) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. employee(s) directly affected. (b) Employees shall be laid off in a division in the inverse reverse order of their bargaining unit seniority seniority. (c) For Parks, Recreation and Culture staff, for a program of ten (10) weeks or less, the reduction in hours will not constitute a layoff and bumping within the job description Instructor group cannot occur unless the person affected by has no assignments. Bumping within the layoff. The City Manager Instructor group cannot occur after the commencement of a program. (d) Employees who have received layoff notice or who have been bumped shall first make every reasonable effort to integrate those employees into another position by transfer or consider alternatives to layoff by have 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 right to bump must employees with less seniority, provided that: (i) employees exercising that right have the required qualifications to perform the duties of the position they wish to bump into; (ii) the right to bump shall include the right to bump up where an employee is unable to exercise his their bumping rights to retain a similar shift, benefits and ninety-five percent (95%) of gross pay. (e) The incumbent employee(s), whose hours have been reduced or her right within whose position has been eliminated or who have been bumped, will have five (5) calendar working days from to advise the date he Employer of their intent to: (i) accept the reduction in hours and remain in the position; or (ii) exercise their seniority rights; or (iii) to be placed on the recall list. (f) The Employer shall provide a current seniority list specifying the name(s), position(s) held, the number of hours of work, full time or she receives his or her part time status and incumbent employee’s seniority date. (i) Employees who have received layoff noticenotice will be advised of any postings that may have closed but have not yet been awarded. To bump Such employees, if they believe they are qualified for such postings, will have one working day after receipt of notice of the unfilled posting to have their name added to the list of applicants. (ii) Upon moving into their new position, employees will be required to complete a trial period as per 14.03(a). If employees do not successfully complete this trial period, they will be placed on the recall list. (h) Providing the laid off employee must is qualified, they shall receive first option in line of seniority for all Auxiliary employment and seniority shall accrue for all time worked. (i) Any permanent employee who is laid off shall have completed probation recall rights to their former classification for a period of eighteen (18) months provided they remain qualified. (j) Employees on the recall list shall be recalled to positions in the position order of bargaining unit wide seniority provided they are bumping toqualified. A bump will only New employees shall not be allowed if hired until those laid off have been given the employee is still able to perform the essential functions opportunity of the job and has all the qualifications presented in the job description. recall. (k) In the event an employee does not currently have of a vacancy occurring while employees are laid off, Article 14 applies to all employees, including employees on the relevant certification/license, recall list. The Employer shall notify employees on the employee is still eligible to exercise this bumping right provided the pertinent certification/license is and can recall list of all vacancies. (l) Recall notices will be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption sent by registered mail to the workforce, 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 employees being recalled with copies to the same full- time position in First Vice President, Second Vice President (▇▇▇▇▇▇▇▇ River), and President of the department. This means a part-time employee cannot bump a full-time employee under any circumstancesUnion. (m) Grievances concerning ▇▇▇▇▇▇ and recalls shall be initiated at Step 3 of the Grievance Procedure.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. If there are changes 13.1 The District agrees it will negotiate the effects of duties in layoff upon request from the organization, 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, 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 City Manager may lay 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 employeesnotice 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. All temporary and seasonal Individual positions shall not be laid off prior divided to the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeeaccommodate bumping. 4. An employee shall be given notice of a layoff Employees with as much notice as reasonably possible, but no less than fourteen four (144) calendar days before hours total in a work day shall have the effective date. Notice of right to decline or defer “bumping rights” and shall have at the employee’s discretion the option to be placed in layoff will be given to the Local Union Presidentstatus, or designeewith full unemployment benefits, bumping, and to the employeerehire 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 laid off in a division maintained on the books for 39 months. 6. Prior to the District posting any job for public viewing, ▇▇▇▇▇ Unified School District shall make position available in the inverse exact order shown below: a. Employees currently working in position of their bargaining unit seniority within employment/job posting who received a total or partial layoff, shall have the job description affected by right to regain up to but not more than the hours they lost in the layoff. The City Manager shall first make every reasonable effort to integrate those employees into another position by transfer . b. Employees on total or consider alternatives to partial 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 status that 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 has all the qualifications presented rights in the job description. In the event an employee does not currently have the relevant certification/license, the employee class posted shall be entitled to rehire. c. Any bargaining unit member that is still eligible to exercise this bumping right provided the pertinent certification/license is and can on layoff status shall be obtained within six (6) months. An employee who bumps another employee must complete probation notified by mail of any job vacancies in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesDistrict as they become open.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes 1. Prior to implementing a District-wide reduction in personnel, the Superintendent or designee shall meet with representatives of duties 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 organization, lack case of work, or lack of fundscounty employees, the City Manager may lay off employeesdepartment. 4. All temporary and seasonal positions Employees shall be laid off prior to by job classification at the layoff 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 the same total work location seniority, lay off shall be based on the employment date as reflected on the Personnel Action Form (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 regular status bargaining unit employeesmember receives notification that he/she is not being reappointed to his/her current position in the subsequent fiscal year, so long as a lay- off/recall list for the temporary work falls within the usual and customary duties of the bargaining unit employee. An employee subsequent fiscal year shall be given 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 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 Local Union President, or designee, employee and to the employeeFOPE twenty (20) working days before the action is to become effective. Employees shall 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 division in layoff will be given to the inverse order of their bargaining unit seniority within 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 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 has all the qualifications presented in the job descriptionelimination. In the event an the employee does not currently have believes that the relevant certification/licenselayoff was arbitrary or capricious, the employee is still eligible may file a grievance to exercise this bumping right provided protest the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstanceslayoff.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes Where the Board has made a decision to reduce the complement of duties in the organization, lack of work, or lack of fundsService, the City Manager may following system of lay-off and, if subsequently required, termination shall apply: 24.01 The Board will first lay off employees. All summer students and temporary and seasonal positions shall be laid off members prior to the layoff lay-off of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeepart-time or full-time staff. 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 Subject to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 Board having qualified personnel on staff to perform the essential functions required work, lay-off of the job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will be laid off. When layoffs occur in a part-time positionprobationary, part-time seniority cannot and full-time members shall be applied to the same full- based on seniority. Non-probationary full-time position in the department. This means a and part-time employee canmembers shall receive sixty calendar days' notice prior to the effective date of lay-off or payment in lieu thereof. 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 bump have the qualifications to perform the available work. No new employees shall be hired while any member with recall rights has not been 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 fullmember 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-time employee under employment/recall rights granted to a member shall terminate upon such member's failure to reply within 10 days of receipt of the notice or if the member does not agree to return to duty within 14 days of receipt of the notice or within 14 days of the recall date specified on the 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 effective date of the lay-off, provided the member has not been found guilty of an act of misconduct resulting in the member's dismissal from the Service. (c) During the period of lay-off a member on lay-off shall not be entitled to any circumstancesof the provisions of the Agreement except the right to recall as provided in this Article. 24.05 For the purposes of the above lay-off and recall provision,

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. ‌ 45:01 A “layoff” is defined as any reduction in an employee’s regular hours of work. When a layoff occurs the Employer shall provide the employee four (4) weeks written notice. 45:02 If there are changes a reduction of duties permanent employees is necessary, the Employer shall 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 length of service. Therefore, in the organizationevent of layoff, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff 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. 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 Local Union President, or designee, and to the employee. Employees permanent employees shall be laid off in a division in the inverse reverse order of their bargaining unit seniority seniority, within their position, within their service delivery region 45:04 The notice shall give the job description affected by reasons for the layofflayoff and its expected duration and indicate they have the option to have union representation. The City Manager If employees have not had the opportunity to work the days as provided in this Article, they shall first make every reasonable effort to integrate those employees into another position by transfer or consider alternatives to be paid for the days for which work was not made available. 45:05 Any permanent employee who receives a layoff by the Union. Within individual division, a bargaining unit employee scheduled for layoff notice may bump the least a less senior employee at from the same or lower salary range occupying a position the employee previously held in the employee’s present department. An employee wishing to classification. 45:06 Employees who bump must exercise his or her right within five (5) calendar days from possess 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 minimum qualifications and ability to perform the essential functions job. 45:07 An employee who is entitled to displace another employee in accordance with the provisions of the job and has all the qualifications presented this Article may have a familiarization period in the job descriptionnew 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 lower classification, will be paid at the step in the new position which is closest but not greater than their current pay. In the event an employee does not currently have the relevant certification/license, the They will retain eligibility for increases on their pre-existing anniversary date. (b) If it should happen that a full time employee is still eligible 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 additional hours to exercise this bumping right provided the pertinent certification/license is and can a maximum of full time hours. 45:10 Employees laid off shall be obtained within six placed on a recall list for twelve (612) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months A copy will result in the employee’s termination. In an effort to minimize the disruption be furnished to the workforce, Union. 45:11 Employees who accept an employee that is bumped will not have offer of recall into a right to bump and lower classification will be laid off. When layoffs occur in a part-time positionoffered reinstatement into their former classification, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.if such becomes available within six

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. a. If there are changes of duties 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 organization, lack of work, or lack of funds, following order within the City Manager may lay off employees. All temporary affected department position and seasonal positions shall 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 notified as soon as feasible prior to the layoff 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. 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 date of the layoff that their positions are to be eliminated but in no event less than 60 calendar days. Salary and benefits will continue throughout the notification 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 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 notified as soon as feasible prior to the effective date of the layoff. c. In the case of the 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 College will automatically consider a laid off member to be a candidate for any vacant bargaining unit position, and such member will be given an opportunity to the Local Union President, or designee, and interview in appropriate circumstances. Affected members are encouraged to the employee. Employees shall be contact Career Employment Services which will provide outplacement assistance to laid off in a division in the 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesemployees.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. 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 13.1 Layoffs affecting permanent Employees shall be laid off determined based on bargaining unit seniority provided Employees have the qualifications to perform the work remaining. 13.1.1 The City shall notify the Employee thirty (30) days prior to the layoff effective date of any regular status bargaining unit employeeslayoff. If the Employee has not had the opportunity to work the notice period, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. An employee he shall be given notice of a layoff with as much notice as reasonably possiblepaid for the day(s) for which work was not made available. The affected Employee shall, but no less than within fourteen (14) calendar days before of being provided with layoff notice, choose to displace another Employee provided he has the effective datequalifications 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. Notice 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 layoff will be given qualifications to perform the Local Union Presidentwork. 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, or designee, and to seniority in the employee. Employees department shall be laid off 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 division in the inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager relief assignment or temporary position 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 receive five (5) calendar working days from notice of the proposed layoff and a record of employment slip shall be issued as soon as possible after the date he or she receives his or her of layoff. 13.2.2 A temporary Employee, who wishes to request an earlier layoff notice. To bump than was planned, shall apply to the position, the employee must have completed probation City for a Leave of Absence at least fifteen (15) days prior to his requested layoff date. Requests shall be considered in the position order that they are bumping toreceived. A bump will only If the leave of absence is not approved and the 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 allowed if the employee is still 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 essential functions 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 job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesproposed change being implemented.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Layoff. If there are changes of duties ▇. ▇▇▇▇▇▇ shall be defined as a reduction in the organization, size of the work force due to the lack of work, work or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls funds within the usual College. When it becomes necessary to layoff classified employees within a department, any temporary employees and customary duties of the bargaining unit employee. 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 Local Union President, or designee, and to the employee. Employees probationary employees shall be laid off in a division that order first. Then those full and part- time employees in that department will be laid off in accordance with the 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 list with the least senior employee at employees laid off first, provided always that the same or lower salary range occupying a position remaining employees shall have 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 qualifications to perform the essential functions work of the job 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 has all the qualifications presented pay only when s/he otherwise would be laid off in the job descriptionhigher rank. The Employer shall not use such reclassification as a disciplinary measure. D. In the event an 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 layoff and bumping procedures: 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. 2. In exercising "bumping rights," no employee does can attain a higher job classification or pay level than she/he held at the time of the layoff notice. 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 currently 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 relevant certification/license, the employee is still eligible opportunity to exercise this bumping right provided rights and shall receive notice of the pertinent certification/license is time, date, and can be obtained within six (6) monthslocation to do so. An employee who bumps another employee must complete probation in The Employer will provide the position. Failure to make probation within six (6) months will result in Local Union President with the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump number of full-time and will be laid off. When layoffs occur in a part-time position, partemployees to be laid off via seniority lists. 5. Part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee canemployees shall have equated seniority, but they may not bump a full-time employee under position. 6. The Local Union’s President, Chief ▇▇▇▇▇▇▇, and all campus Stewards shall have "super-seniority" for purposes of layoff and cannot be "bumped" by anyone while they hold office. In the event of the elimination of a position held by one of these officers, she/he will be considered as having the highest seniority in any circumstancesClassification 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 notice to the affected individuals. If time permits, the 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 will be mailed to the individual'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-term, long-term disability leave, or Workers’ Compensation leave, or military leave shall, if necessary, exercise their bumping rights upon their return to work.

Appears in 3 contracts

Sources: Classified Master Agreement, Classified Master Agreement, Classified Master Agreement

Layoff. If there are changes of duties 20.01 A layoff is defined as a reduction in the organization, lack hours of work, work or lack of funds, a reduction in the City Manager may lay off employees. All temporary and seasonal positions shall work force. 20.02 A permanent employee who is to be laid off will receive written notice of 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 layoff 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. An employee shall be given notice event of a layoff with as much notice as reasonably possiblelayoff, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees permanent employees shall be laid off in a division the reverse order of seniority subject to ability and qualifications to perform the job. 20.04 A permanent employee shall be recalled in the inverse order of their bargaining unit seniority within subject to ability and qualifications to perform the job. 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 description affected by or the employee may accept a layoff. The City Manager shall first make every reasonable effort to integrate those employees into another position by transfer then displaced Educational Assistant may displace the most junior Educational Assistant regardless of hours or consider alternatives to accept a 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 provided that the employee has the ability and qualifications to perform the job. 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 held in worked), subject to ability and qualifications to perform the job. 20.07 Temporary/Supply assignments will be offered to laid off employees prior to being offered to any other person. If a laid off employee refuses a temporary/supply assignment, such refusal shall not affect the employee’s present departmentrecall rights. 20.08 Grievances concerning layoffs due to a reduction in the work force shall be initiated at Step 2 of the Grievance Procedure. An 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 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 last address on file with the employer. It shall be the responsibility of the employee wishing to bump keep the employer informed of the employees current address. 20.11 In accordance with 18.01(d), the recalled employee must exercise his or her right notify the employer in writing of the employee’s intention within five (5) calendar working days from of receiving the date he or she receives his or her layoff notice. To bump recall notice 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 return to perform the essential functions of the job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstanceswork.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties in the organization, lack of work, or lack of fundsA. When an employee is to be laid off, the City Manager University shall implement such layoff in accordance with the provisions set forth below. When circumstances permit, the University shall notify the local AFSCME President at least thirty (30) days in advance of a layoff. B. Employees may lay off employees. All temporary and seasonal positions shall be laid off prior 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 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. D. The University shall direct laid off employees to Human Resources for employment counseling. E. Employees are to be informed of any regular status bargaining unit employeeslayoff as soon as practical. Where circumstances permit, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeeall employees are to be provided with at least thirty (30) calendar days’ notice. An However, an employee who has completed his/her position orientation year shall be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before days’ notice of layoff or in lieu of thereof, two weeks’ pay at the effective dateemployee’s current regular hourly rate, or a combination of notice and pay. Notice A notice of the layoff will shall be given sent to the Local Union Presidentemployee by certified mail, return receipt requested, or designee, and delivered in person to the employee. Employees The notice to the employee of layoff shall be laid off 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 division notice of layoff may continue to participate in that program for a maximum of ninety (90) days following the inverse order of their bargaining unit seniority within the job description affected layoff, or as otherwise agreed to 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 employee and 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesUniversity.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes 1. When the District is contemplating the layoff of duties 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 organization, lack of work, or lack of fundsspecific positions to be affected, the City Manager may proposed time schedule, and reasons for the proposed action. Notice to the Union shall be no less than twenty (20) District business days prior to the effective date of any layoff and 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. All temporary and seasonal positions employees for any reason, the affected employees shall be laid off prior to within the layoff categories described in Section A paragraph 4 of any regular status bargaining unit employeesthis Article in the reverse order of their seniority unless the District wishes to retain a less senior employee on the basis of greater skill, so long as ability or qualifications. In such cases, the temporary work falls within District shall have the usual and customary duties burden of the bargaining unit employeeproof for such action. 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 Layoffs will be given to the Local Union President, or designee, and to the employeemade 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 (6) 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 tie, the employee with the greatest continuous service in the affected job title shall 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 be laid off shall be given advance notice of not less than twenty (20) District business days. 7. Employees who are to be laid off and who have worked for the District in a division in job title within a lower pay grade than the inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager one from which they have been laid off shall first make every reasonable effort be able 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 “bump” the least senior employee at in the former job title and in the same or lower salary range occupying a position benefit category on the employee previously held basis of seniority, as long as they worked in the employee’s present department. An employee wishing to bump must exercise his or her right former job title for the District within the past five (5) calendar days from years. Employees exercising this option shall be placed on the date he or she receives his or her layoff notice. To bump wage schedule in the pay grade which they have bumped at the wage level closest to the position, one they had prior to being laid off. The District will provide employees on layoff with the employee must have completed probation in the position same insurance they are bumping to. A bump will only be allowed if the employee is still able had prior to perform the essential functions layoff for a period of the job and has 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 three (63) months. An Such insurance coverage may be continued by the laid off employee after the three (3) month period at their own expense or as provided by law. Laid off employees who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 canaccept other employment shall not be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstanceseligible for extension of group insurance.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties 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, lack adverse working conditions, return of workemployee from leave of absence, or lack 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 may lay 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 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 (FMLA). 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 City Manager will proceed with a possible reduction in the work force, and following receipt of information concerning the specific positions involved, the Human Resources Division will establish separate Probationary and Permanent Seniority Lists for each classification targeted for layoff. The names of all City employees holding permanent and probationary status appointments in a given classification will be listed on the 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 Police 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. All temporary and seasonal positions shall Employees on the Probationary Status Seniority List for a specific classification will be laid off prior to employees on the layoff Permanent Status Seniority List for that class. Probationary or permanent status employees temporarily acting out of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties classification or holding a provisional appointment in another classification will only be listed on a Seniority List of the bargaining unit employeeclass in which they hold permanent or probationary status targeted for layoff. An employee If two (2) or more employees on a Seniority List have identical Seniority Service Dates, the tie shall be given notice 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 a layoff with as much notice as reasonably possibleSan Leandro, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will consideration must be given to the Local Union Presidentemployee'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, or designee, and 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. Employees 's current rank shall be laid off in based on a division Rank Seniority Date which is derived from a combination of all credited service in the inverse order of their bargaining unit seniority within rank to which the job description affected by the layoffemployee has voluntarily demoted and all credited service in higher ranks held on a probationary or permanent status. The City Manager shall first make every reasonable effort demoting employee has a right 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 be retained in the employee’s highest pay step possible, which is equal to or less than his or her present departmentpay step. 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 involved in a 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right of mandatory placement to bump and will positions with a higher pay step, i.e. promotion. Provisional employees shall be laid off. When layoffs occur notified individually, in a part-time positionwriting, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesof pending layoff as soon as possible, with no less than fifteen (15) calendar days' notification if targeted for release or reassignment.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Layoff. a. If there are changes of duties 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 organization, lack of work, or lack of funds, following order within the City Manager may lay off employees. All temporary affected department position and seasonal positions shall 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 notified as soon as feasible prior to the layoff 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. 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 date of the layoff that their positions are to be eliminated but in no event less than 60 calendar days. Salary and benefits will continue throughout the notification 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 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 notified as soon as feasible prior to the effective date of the layoff. c. In the case of the 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 College will automatically consider a laid off member to be a candidate for any vacant bargaining unit position, and such member will be given an opportunity to the Local Union President, or designee, and interview in appropriate circumstances. Affected members are encouraged to the employee. Employees shall be contact Career Employment Services which will provide outplacement assistance to laid off in a division in the 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesemployees.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. 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 31.1 Bargaining unit employees shall not be laid off prior 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 of any regular status bargaining unit employees, so long as list. 31.2 Layoffs are that the temporary work falls within the usual and customary duties discretion of the bargaining unit employeeCity. A layoff is defined as a separation of employment. Layoffs may be due to an elimination of positions. An employee shall be given written notice of a layoff with as much notice as reasonably possibleor pay in lieu of notice, but no less than fourteen at the employee’s option, at least thirty (1430) calendar days before the effective date. Notice of , stating the layoff will be given to reasons for the Local Union President, or designeelayoffs, and to the employee. Employees shall be laid off in a division in options the inverse order of their bargaining unit seniority within the job description affected by the layoffemployee has (see below). The City Manager employee 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 have seven (57) calendar days from the date he or she receives his or her receipt of the layoff noticeletter to notify the City of the employee's option. To bump A copy of the layoff letter shall also be forwarded to the positionUnion. Upon request by the Union, the employee must have completed probation City shall meet with the Union to discuss alternatives to layoff. 31.3 The layoff procedure shall occur in the following manner: (a) The City shall notify, in writing, all affected employees of the employee's seniority and the employee's contractual rights. The City shall notify the 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 department, the City shall meet with the Union to discuss its decision. Except in the case of a medical layoff where the parties engaged in the interactive process, an employee who is notified of layoff shall have the following options: (1) Accept the layoff. (2) Request assignment to a vacant position they are bumping to. A bump will only be allowed 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 still able to perform qualified for that position. (4) Displace the essential functions of employee with the job and has all the qualifications presented lowest seniority in a classification with a lower pay range in the job descriptiondesignated 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 event an employee does not currently have the relevant certification/licenseDisplaced employees shall be 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 still eligible a requirement for new hires for a particular position, a "qualified" employee must pass or have passed the test new hires must pass to exercise be considered for the position. (d) For the purpose of this bumping right provided the pertinent certification/license is Article, “designated layoff area” shall be considered to be (1) Public Works* (2) Community and can be obtained within six Economic Development* (3) Finance, Information Systems, GIS and Municipal Court (4) Mayor’s Office and Programs, City Attorney (5) Library (6) monthsPolice *Support Specialist positions in Public Works and Community and Economic Development may bump between these two (2) departments. An Facility Maintenance positions and Site Development Division employees shall have Public Works as their designated layoff area. 31.4 Employees who displace an employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption a lower classification shall go to the workforcestep closest to, an employee that is bumped will but not have higher than, their current salary. 31.5 Ties in seniority shall be broken by date of application. If a right to bump and will tie still exists, it shall be laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesbroken by lot.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes In the event of duties a reduction in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff 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. An employee shall be given notice working force of a layoff with as much notice as reasonably possiblejob classification, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority employees working within the job description classification, department, and shift affected by shall be displaced in reverse order of seniority. A. Employees displaced in accordance with this section may elect to be laid off, or in the layoffalternative, shall bump other least senior employees as follows: 1. The City Manager displaced employee 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 working in the same or lower salary range occupying 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 position period of not less than three (3) months (the classification of the employee previously to be bumped). A ten (10) working day trial period will not be required if the classification had been held as stated. If not successful above, the displaced employee shall be given an opportunity to bump a less senior employee in any department or classification in which they have the 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 employee prior to the bump. If the bump is allowed, a ten (10) working day trial period will be given and if the employee fails to demonstrate to the Company the ability to perform the job they shall then relinquish all rights to any other bumping option other than a less senior employee in the employee’s present department. An helper classification. B. In no event will an employee wishing be allowed to bump must exercise his or her right within five upward. C. The Company shall give at least seven (57) calendar days from the date he or she receives his or her layoff notice. To bump notice to the position, the employee must have completed probation in the position they employees that are bumping to. A bump will only be allowed if the employee is still able to perform the essential functions of the job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 provided however that this applies only to the same full- time position in original employee(s) and not to employees that may be bumped as a result of the departmentannounced layoff. This means The Union will be given a part-time 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 cannot bump terminates for any reason, or when an employee requests tools to be removed from Company premises, that portion of the tools that are being purchased on a full-time payroll deduction basis by the employee under any circumstanceswill be released only to the extent that the tools have been paid for by the person. 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 Company premises.

Appears in 2 contracts

Sources: Collective Bargaining Agreement (Boston Gear LLC), Collective Bargaining Agreement (Altra Holdings, Inc.)

Layoff. If there are changes 1. When the District is contemplating the layoff of duties 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 organization, lack of work, or lack of fundsspecific positions to be affected, the City Manager may proposed time schedule, and reasons for the proposed action. Notice to the Union shall be no less than twenty (20) District business days prior to the effective date of any layoff and 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. All temporary and seasonal positions employees for any reason, the affected employees shall be laid off prior to within the layoff categories described in Section A paragraph 4 of any regular status bargaining unit employeesthis Article in the reverse order of their seniority unless the District wishes to retain a less senior employee on the basis of greater skill, so long as ability or qualifications. In such cases, the temporary work falls within District shall have the usual and customary duties burden of the bargaining unit employeeproof for such action. 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 Layoffs will be given to the Local Union President, or designee, and to the employeemade 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 (6) 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 tie, the employee with the greatest continuous service in the affected job title shall 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 be laid off shall be given advance notice of not less than twenty (20) District business days. 7. Employees who are to be laid off and who have worked for the District in a division in job title within a lower pay grade than the inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager one from which they have been laid off shall first make every reasonable effort be able 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 “bump” the least senior employee at in the former job title and in the same or lower salary range occupying a position benefit category on the employee previously held basis of seniority, as long as they worked in the employee’s present department. An employee wishing to bump must exercise his or her right former job title for the District within the past five (5) calendar days from years. Employees exercising this option shall be placed on the date he or she receives his or her layoff notice. To bump wage schedule in the pay grade which they have bumped at the wage level closest to the position, one they had prior to being laid off. 8. The District will provide employees on layoff with the employee must have completed probation in the position same insurance they are bumping to. A bump will only be allowed if the employee is still able had prior to perform the essential functions layoff for a period of the job and has 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 three (63) months. An Such insurance coverage may be continued by the laid off employee after the three (3) month period at their own expense or as provided by law. Laid off employees who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 canaccept other employment shall not be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstanceseligible for extension of group insurance.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties Layoffs shall be administered in the organizationaccordance with university policy except as stated below: 1. Seniority will prevail in layoffs due to economic reasons or reorganization. 2. Within their respective departments/work units, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions regular supervisors shall not be laid off prior to before temporary or newly hired probationary supervisors in the layoff of any regular status bargaining unit employeessame job classification. 3. Bumping Rights a) First, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. An 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 identified for layoff will be given offered the opportunity to fill a vacancy in his/her current title within the Local Union Presidentoperating unit and campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the 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 designee“b” above is not available, and the employee will be offered the opportunity to fill a vacancy in the employee’s current or immediate prior title University-wide. Employees shall If the employee opts not to fill a vacancy offered under this section, the employee may opt to be laid off placed on the recall list. d) Fourth, if the employee is not placed in a division in vacancy pursuant to “a”, “b” or “c” above, the 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 in his/her current title within the same or lower salary range occupying a position operating unit and campus. If an employee opts not to exercise his/her bumping rights under this section, the employee previously 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 “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 employee’s prior held title is in a CWA bargaining unit. If the employee opts not to exercise his/her bumping rights under this section, 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 employee’s present departmentcurrent or immediate prior title, for which the employee is qualified. An If the employee wishing 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 must exercise another staff member, and is subsequently informed by the campus Human Resources department that the salary of the vacant or bump position is more than 10% below his or her right within five (5) calendar days from the date he or she receives his or her layoff notice. To bump current salary, shall be allowed to reconsider their decision and to go on to the position, the employee must have completed probation in the position recall list. (See Appendix A for a listing of University Operating Units as they are bumping to. A bump will only be allowed if the employee is still able apply to perform the essential functions of the job Layoffs and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesBumping.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties Employees who have acquired job classification seniority rights in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions accordance with this Agreement shall not be laid off prior 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 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 that more than one employee is hired on the same date, the employee holding the lowest employee number shall be deemed to possess the highest Company seniority. The Bargaining Committee and Chairperson will be retained in their job classifications during their respective terms of office, notwithstanding their position on the seniority list, provided the Company has work available in their job classification which they are qualified to perform. In the case of a general layoff of any regular status bargaining unit employeesfull-time employees due to curtailment of staff, so long as where such layoff is to exceed two (2) weeks, the temporary work falls within Company will provide affected employees and the usual and customary duties Union Chairperson with at least five (5) working days’ notice of the bargaining unit employeelayoff. An If a laid off employee shall be given notice of a layoff with as much notice as reasonably possible, but no less than fails to report to work within fourteen (14) calendar days before days, following the effective date. Notice date on which the Company sent a notice of the layoff will be given to the Local Union President, or designee, and recall by registered mail to the employee, at the last address filed with the Company, the employee shall not be entitled to that job. Employees Such notice shall be copied to the Chairperson. 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 in a division in the 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 recalled 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 layoff or recall. Employees on layoff may apply for any job and has all the qualifications presented in the vacancy arising out of a job description. In the event an employee does not currently posting provided they have the relevant certification/licensequalifications, the employee is still eligible to exercise this bumping right provided the pertinent certification/license is skills and can be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesability.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. 1. If there are changes the County must reduce the number of duties employees within a classification or within the 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 choosing in the organizationDepartment, lack 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 work, or lack of funds, anyone obtaining the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to job through the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeenormal job posting procedure. 2. An employee who is bumped in accordance with Paragraph 1 above shall be given notice of a layoff with as much notice as reasonably possibleafforded the same bumping rights provided in paragraph 1 above, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given if such employee is unable to the Local Union Presidentbump any other employee, or designee, and to the employee. Employees such employee shall be laid off 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 a division in the inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager shall first make every reasonable effort from most senior 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 departmentsenior. 4. An employee wishing bumping into a different position shall serve the normal probationary period for that position. An employee who proves unable to bump must perform the work in the probationary period shall not be allowed to again exercise his or 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 five sixty (560) 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 time the employee is still able bumped from it. 6. Employees laid off in a reduction of force shall have their seniority status continue for a period equal to perform their se- niority at the essential functions 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 oppor- tunity to be recalled and placed in vacant jobs by using the job and has posting procedure. Laid off employees holding seniority status shall be sent copies of all the qualifications presented in the job descriptionpostings as they occur. In the event an employee does not currently have the relevant certification/licensedeclines to return to work when recalled under this section, the such 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 shall forfeit all accumulated seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesrights.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there 23:01 Where by reason of a shortage 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 determine the classification(s) from which the layoff(s) are changes to take place. 23:02 The Employer shall determine employees concerned within each classification from which employees are to be laid off. 23:03 Where the layoff(s) of duties employee(s) is necessary, the Employer shall provide the 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 end of his/her term. The Union shall be provided with a copy of all layoff notices issued. 23:05 In determining the order of layoff of employees, seniority shall be the determining 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 layoff. 23:06 An employee selected for layoff may exercise an option to displace an employee with less seniority in the organizationsame, lack of workequivalent or lower classification, or lack of funds, subject to the City Manager may lay off employees. All temporary and seasonal positions shall be following: (a) A term employee laid off prior to the layoff expiry of any regular status bargaining unit employees, so long as his/her term may only displace another term employee with the temporary same scheduled expiry date; (b) The employee exercising the displacement option must have the qualifications and ability to perform the work falls within the usual and customary duties of the bargaining unit employee. 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 layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before familiarization period in the effective datenew position. Notice The purpose of the layoff will be given familiarization period is to allow the employee to become oriented to the Local Union Presidentspecific 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, or designee“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 the employee. Employees shall determining which employees are to be retained and which employees are to be laid off in a division in off, shall determine qualifications, and the inverse order ability 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 duties which the job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and remaining employees will be laid off. When layoffs occur required to perform, in a part-time positionfair, part-time seniority cannot 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 applied required to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesperform.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. If there are changes (a) In the event a layoff is necessary, the Employer and the union agree to work jointly to minimize any adverse effects of duties any layoff to employees, and maximize creative approaches that meet the interests of both the Employer and the employees. (b) A layoff for this purpose of the Article shall be defined as no available hours, for affected full-time employees for more than one shift. (c) During work shortages of one shift or less the company will make every effort to provide impacted employees with available alternate work, providing they have the skill and ability to perform the work. (d) In the event of a layoff of more than one shift, the most junior full-time employees in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall department will be laid off prior first provided the remaining employees have the skill and ability to perform the layoff 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. An remaining work. (e) No new employee shall be hired until those laid off have been given the opportunity to recall. (f) Employees who have received notice of at least a one full-day layoff, up to a maximum of a three (3) full consecutive day layoff, will have the option of requesting a vacation day(s), and vacation pay, at the time of the notice of layoff. Requests for vacation in lieu of layoff with will not be considered after the layoff day has occurred. (g) If an employee is laid off, he or she will have the option of accepting the lay-off prior to exercising their seniority rights as much notice as reasonably possiblefollows: i. A full time employee laid off work in his or her department, but no less than fourteen (14) calendar days before shall bump the effective datemost junior full time employee on the shift, provided the laid off employee has the qualifications, skills and ability to do the work. If the junior employee on the shift is displaced, they will bump the junior employee in the plant. ii. Employees on layoff will be recalled in order of seniority provided they have the qualifications, skill and ability to do the available work. Notice of the layoff recall will be given delivered verbally, by telephone, or, if unable to make contact with the employee, by registered mail or courier to the Local Union President, or designee, and to last recorded address of the employee. Employees shall be laid off in a division in the 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. If there f. Section A. 1. B. shall not apply to bus drivers, bus attendants and Nutrition Services during the first forty-five (45) calendar days of the school year. These forty-five (45) calendar days are changes considered the adjustment period for these Departments. Any reduction of duties hours outside the forty-five (45) calendar days will follow the terms of this Article. 1. A layoff shall be defined as the elimination of a position resulting in the organization, lack loss of work, or lack of fundsemployment by a bargaining unit member for non-disciplinary reasons. 2. In the event layoff becomes necessary, the City Manager may lay off District will notify the Union in writing, in advance, and the parties will meet to discuss ways of avoiding layoffs. Such notification will be given at least thirty (30) calendar days 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. All temporary and seasonal positions 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 prior 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 layoff position and which cannot be learned by a more senior employee in the classification group within a reasonable amount of time (generally ten (10) days). 6. The District shall notify the Union in writing of any regular status bargaining unit employeesprocesses, so long as the temporary work falls within the usual and customary duties of the bargaining unit which result in a less senior employee being retained over a more senior employee. 7. An employee who is laid off shall be entitled to “bump” the least senior employee in any other position in which that employee has worked, or in a lower position in the same classification the employee works or has worked, with the equivalent number of hours or fewer, provided the employee’s experience and qualifications meet the requirements of the position. An employee who wishes to exercise the employee's bumping rights must notify the District within five (5) working days of notification of the employee's layoff status. 8. Employees designated for layoff shall be given notice of a layoff with as much notice as reasonably possible, but no less than at least fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the inverse order written notice of their bargaining unit seniority within the job description affected by the layoff. The City Manager shall first make every reasonable effort A copy of such notice will simultaneously be sent 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 has all the qualifications presented in the job description. In the event an employee This notice does not currently have the relevant certification/license, the employee is still eligible apply to exercise this bumping right provided the pertinent certification/license is and can be obtained within six an emergency of less than two (62) months. An employee who bumps another employee must complete probation weeks in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesduration.

Appears in 2 contracts

Sources: Management Agreement, Management Agreement

Layoff. If there are changes of duties in the organization, lack of work, or lack of fundsA. When an employee is to be laid off, the City Manager University shall implement such layoff in accordance with the provisions set forth below. When circumstances permit, the University shall notify the local AFSCME President at least thirty (30) days in advance of a layoff. B. Employees may lay off employees. All temporary and seasonal positions shall be laid off prior 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 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. D. The University shall direct laid off employees to Human Resources for employment counseling. E. Employees are to be informed of any regular status bargaining unit employeeslayoff as soon as practical. Where circumstances permit, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeeall employees are to be provided with at least thirty (30) calendar days notice. An However, an employee who has completed his/her position orientation year shall be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before notice of layoff or in lieu of thereof, two weeks pay at the effective dateemployee’s current regular hourly rate, or a combination of notice and pay. Notice A notice of the layoff will shall be given sent to the Local Union Presidentemployee by certified mail, return receipt requested, or designee, and delivered in person to the employee. Employees The notice to the employee of layoff shall be laid off 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 division notice of layoff may continue to participate in that program for a maximum of ninety (90) days following the inverse order of their bargaining unit seniority within the job description affected layoff, or as otherwise agreed to 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 employee and 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesUniversity.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes ‌ 11.1 Layoff shall be defined as a cessation of duties 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 the extent of such layoff shall be reserved in the organizationsole discretion of the University. The just cause standard of Article 13 does not apply to layoff situations. Employees will be advised, lack to the extent it is known, how long the period of layoff shall be. In cases where it is known by the 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 consideration of multiple factors including their training, their experience, their ability, and their qualifications to perform the remaining unit work, or lack a review of fundstheir prior performance of unit work, and their length of service in the City Manager may lay off employeesclassification. All temporary and seasonal positions When, in the judgment of the University, all factors are equal, then the least senior employee in a given classification shall be laid off prior first. For purposes of this article, seniority shall refer to the layoff length of continuous service within the classification. 11.3 Employees who are laid off shall receive at least two weeks’ notice of any regular status bargaining unit employeeslayoff. 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, so long as provided they are qualified and have the temporary work falls requisite skills and abilities for the position. Employees who are laid off will also be notified of other vacancies within the usual Department and customary duties 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 original classification, employees shall return to the Police Services Department with the same seniority they had accrued at the time of the bargaining unit employeerecall. An employee If hired into any other classification within the Department, they shall return as new employees and be given rehired with a new seniority date. If during the 18 month period an opening develops in their original classification after they have taken another position within the Department, they may return to the original classification with no loss of seniority. The University shall recognize their total length of service for fringe benefit purposes if they are rehired into another classification within the 18 month period. 11.5 Employees who are laid off shall notify the 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 of a layoff with as much notice as reasonably possiblesent certified mail, but no less than employees must report for duty within fourteen (14) calendar days before of 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 effective date. Notice conclusion of the layoff will eighteen (18) months, be given to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority within the job description affected considered terminated 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesUniversity.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties 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 organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall 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 layoff reduction is eliminated, individuals rejecting an offer as above, shall be considered to be in the same category as individuals who have taken in excess of three months of leave without pay and 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 regular status bargaining unit employeespreviously earned increments removed. (a) In the event there are no such added or vacant job openings available for which an affected individual is qualified, so long as then, before being laid off, the temporary work falls individual in the affected job shall be allowed to exercise bumping rights within the usual same program and customary duties 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 bargaining unit employeeMaster’s degree level job holder with the least Agency Seniority. An employee Should a Master’s degree level job holder’s job be taken, as above, or should the job of the Master’s degree holder with the least Agency Seniority be eliminated, that individual 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 allowed to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority within take 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 of the least senior non-Master’s level job holder within the Agency program, unless such employee at has greater Agency Seniority than the individual whose job was taken or eliminated. (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 holder’s job be eliminated or taken, that individual may take the job of the least senior job holder in any job classification in the 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 individual in the same or lower salary range occupying a position the employee previously held job classification in the program with the least Agency Seniority. (v) If in a job classification the least senior non-direct service employee’s present department. An employee wishing to bump must exercise his job is taken or her right within five (5) calendar days from eliminated, that individual may take the date he or she receives his or her layoff notice. To bump to the position, the employee must have completed probation job of any individual in the position they are bumping to. A bump will only be allowed program who has less seniority if the such non-direct service employee is still able to perform the essential functions of the job and has 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 qualified for such job. (6vi) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means Should a part-time employee cannot bump be laid off, that person shall have the option of taking the job of the least senior part-time employee in the program who holds a job for which they are qualified as above, or may take the job of the least senior full-time 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), that employee must work the same full-time equivalence as the 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. If the employee retains the reduced job, their pay shall be reduced accordingly and they shall receive no severance pay. (b) No employee shall take the job 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 any circumstancesthe provisions of this Article, shall be compensated at the rate applicable for the new position with the employee’s then current seniority (experience cap). That employee shall be required to take the 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 the above referenced positions.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties (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 organizationemployee's own class or lower. (iii) Subject to the Letters of Understanding, lack of workitem 11, or lack of fundspage 56, the City Manager may lay off employees. All temporary and seasonal positions employees shall be laid off prior before any permanent employees are laid off. (iv) Subject to the layoff Letters of Understanding, item 11, page 56, any regular status bargaining unit employeestemporary employee whose position is affected by the Employer's decision to lay off shall have the right to displace a junior temporary employee only. (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 the most junior employee in the class selected by the displaced employee is a temporary employee, so long as the permanent employee who displaces the temporary work falls employee shall earn seniority on a permanent basis. (ix) An employee who wishes to exercise seniority rights in accordance with this Clause must notify the Employer accordingly, in writing, within the usual and customary duties twenty (20) days of the bargaining unit date of receipt of the employee's layoff notice. (x) An employee who is displaced in accordance with this procedure is also permitted to displace another employee in accordance with the procedure, provided that both displacements are completed within thirty (30) days of the of the initial layoff notice. An employee shall who is displaced in accordance with this procedure will be deemed to have been given notice of a layoff with as much effect from the date on which the initial employee was given notice as reasonably possible, but no less of layoff. (xi) Where more than fourteen one (141) calendar days before the effective date. Notice of the layoff will be given employee is to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in accordance with Clause 48.02, the 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 of those who are 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 has all the qualifications presented in the job description. In the event an employee does not currently laid off shall have the relevant certification/license, first choice of displacement provided for in this Clause. (xii) Employees who receive notice of a reduction in their weekly hours of work and decide not to work the employee is still eligible to reduced hours may exercise their bumping rights in accordance with this bumping right provided the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesArticle.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. If there are changes (1) The University will continue to make reasonable efforts to avert layoffs of duties bargaining unit employees. (2) In the event of a layoff within a job classification in a department, probationary employees within the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions job classification shall be laid off prior 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. (3) 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 layoff of any regular status bargaining unit employeesposition held by the least senior employee in the same classification and department, so long as provided he/she has the temporary skill and ability, work falls within record and experience to perform the usual and customary duties of the bargaining unit employee. An job, and the least senior employee shall be given notice laid off. (4) In the event that an employee is scheduled to be laid off from a position in a department and there exists a vacant position in that department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Where two or more employees are scheduled to be laid off from a layoff department and are qualified for a vacant position in that department, the vacancy will be offered first to the employee with as much notice as reasonably possiblethe most bargaining unit seniority. (5) In the event that an employee with four or more years of bargaining unit seniority is scheduled to be laid off from one department and there exists a vacant position in another department for which the employee is qualified on the basis of skill, but no ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Where two or more employees are scheduled to be laid off and are qualified for the vacant position, the vacancy will be offered first to the employee with the most bargaining unit seniority. (6) In the event that an employee with less bargaining unit seniority than fourteen (14) calendar days specified in paragraph 4 above is scheduled to be laid off in one department and there exists a vacant position in another department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she will be considered for the vacant position before the effective dateother candidates. Notice of the layoff When two or more employees are scheduled to be laid off who are qualified, first consideration will be given to the Local Union Presidentone with the most bargaining unit seniority. (7) 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, or designeethe part-time Employee must be willing to accept full-time employment to continue working. (8) In all of the above cases, and the employee who is assigned to a new position shall serve a ninety (90) day probationary period. If he/she is removed from the employee. Employees new position during the probationary period, he/she shall be laid off in off. (9) The University will provide at minimum a division total of thirty (30) days’ notice of layoff or an equivalent period of time in the inverse order Casual and Temporary Program outlined in Article 41. (10) When a cashier is temporarily laid off, and given a definite date of their bargaining unit seniority within return to work and is denied Unemployment Compensation Benefits solely because of the job description affected Amendment effective July 20, 1983 to Section 590.11 of the Labor Law, the University will pay such employee the weekly sum of $220 beginning with the second week of unemployment and during such period of temporary unemployment, said sum to be reduced by any amount earned as a result of any type of employment during the layofflayoff period. The City Manager shall first make every reasonable effort Under no circumstances will the above payment be made after the return date given 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 time of layoff, or lower salary range occupying during a position period for which Unemployment Compensation Benefits are paid. Part-time cashiers on temporary layoff shall receive payments on a pro-rata basis. Full-time and part-time cashiers on temporary layoff shall continue to receive 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 medical benefits 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 has all the qualifications presented in the job descriptionreceived while employed. In the event an employee does not currently have that the relevant certification/licenselayoff allowance for other dining services employees represented by Local 1199 is increased during the term of this agreement, cashiers represented by Local 2110 will receive the employee is still eligible same increase. The Department will make every effort to exercise this bumping right provided assess its summer staffing needs prior to the pertinent certification/license is and can end of the spring semester. Based on operational needs, Cashiers will be obtained retained during the summer months in order of their seniority within six (6) monthstheir location. An employee who bumps another employee must complete probation Replacement or additional Cashiers, as needed, will be recalled in the positionsame seniority order. Failure If there is no Cashier from within the location who is available to make probation within six (6) months work, Cashiers scheduled to be laid off or on layoff from other locations will result be recalled in the employee’s termination. In an effort to minimize the disruption order of their seniority prior to the workforceUniversity hiring a temporary employee or outside applicant, except in 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesemergency situation.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes 11.1 Layoff shall be defined as a cessation of duties 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 the extent of such layoff shall be reserved in the organizationsole discretion of the University. The just cause standard of Article 13 does not apply to layoff situations. Employees will be advised, lack to the extent it is known, how long the period of layoff shall be. In cases where it is known by the 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 consideration of multiple factors including their training, their experience, their ability, and their qualifications to perform the remaining unit work, or lack a review of fundstheir prior performance of unit work, and their length of service in the City Manager may lay off employeesclassification. All temporary and seasonal positions When, in the judgment of the University, all factors are equal, then the least senior employee in a given classification shall be laid off prior first. For purposes of this article, seniority shall refer to the layoff length of continuous service within the classification. 11.3 Employees who are laid off shall receive at least two weeks’ notice of any regular status bargaining unit employeeslayoff. 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, so long as provided they are qualified and have the temporary work falls requisite skills and abilities for the position. Employees who are laid off will also be notified of other vacancies within the usual Department and customary duties 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 original classification, employees shall return to the Police Services Department with the same seniority they had accrued at the time of the bargaining unit employeerecall. An employee If hired into any other classification within the Department, they shall return as new employees and be given rehired with a new seniority date. If during the 18 month period an opening develops in their original classification after they have taken another position within the Department, they may return to the original classification with no loss of seniority. The University shall recognize their total length of service for fringe benefit purposes if they are rehired into another classification within the 18 month period. 11.5 Employees who are laid off shall notify the 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 of a layoff with as much notice as reasonably possiblesent certified mail, but no less than employees must report for duty within fourteen (14) calendar days before of 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 effective date. Notice conclusion of the layoff will eighteen (18) months, be given to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority within the job description affected considered terminated 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesUniversity.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes a) In the event that an employee is not reassigned in lieu of duties layoff as in the organization, lack of workSection 4.6, or lack of fundsplaced in another County position as in Section 4.7(b), the City Manager 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 lay 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 or 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 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 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 Section 4.8. 6. An employee who is placed under Section 4.7(b) or laid off employeesunder 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 (other than transfer or demotion) of filling vacant positions that do not violate Merit System principles or County Ordinance Code provisions. 8. All temporary in-placement offers must be made and seasonal positions accepted or rejectedprior to the effective date of the layoff notice. Time permitting, the Personnel Department may assist employees on the re-employment list in addition to those employees with layoff notices. Such employees shall be entitled to all provisions of this Agreement. 9. If an employee is not placed by the effective date of the layoff notice, he/she shall be laid off prior to under the layoff 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. 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 provisions of the layoff will be given to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Layoff. If there are changes a. In the event of duties a layoff in the organizationa job classification, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions employees shall be laid off prior first, then probationary employees before either regular full-time or part-time employees. Layoffs will occur on the basis of their attained Bargaining Unit seniority. For the purpose of layoff, Respiratory Therapy Technicians and Respiratory Therapists shall be considered as a single job classification. In addition, Medical Technologists and Medical Lab Technicians shall be considered as a single job classification for layoff purposes. However, in no event shall all Medical Technologists be laid off. b. In the event a full-time or part-time, permanent, non-probationary employee is scheduled to the layoff of any regular status bargaining unit employeesbe laid off from a classification, so long as the temporary work falls he/she may displace another employee within the usual and customary duties department on the basis of Bargaining Unit seniority, provided he/she is qualified to perform said job. The immediate supervisor shall determine the bargaining unit employee. An employee shall be given notice of ’s acceptability during a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before 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 effective dateHospital will state the reason therefore in writing to the Union and the affected employee. Notice Such special training, knowledge or ability must be necessary to the performance of the layoff will job, 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 be laid off shall be entitled to two (2) weeks’ notice or pay in lieu thereof. Such notice shall also be given to the Local Union President, or designee, and no later than it is provided to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority within the job description affected by the layoffemployees. The City Manager Hospital 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 meet and discuss on such layoffs 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 advance of the job and has all the qualifications presented in the job description. initiation of said layoff, when possible. e. In the event an employee does is scheduled to be laid off from a department, he/she may bid for an open position and shall be given priority for such position before transfers of employees not currently have facing layoff. f. Employees who are laid off may exercise the relevant certification/license, option of entering the employee is still eligible to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) monthspool. An employee who bumps another employee must complete probation in the position. Failure to The Hospital will make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will be utilize laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesoff employees for pool assignments when possible.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes (a) In the event of duties a layoff within a job classification in the organizationone department, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions probationary Employees within that job classification in one department shall be laid off prior first without regard to the layoff their individual periods of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeeemployment. An employee Non-probationary Employees shall be given notice the next to be laid off on the basis of a layoff with as much notice as reasonably possible, but no less than fourteen their bargaining unit (14b) calendar days before In the effective date. Notice of the layoff will be given event an Employee is scheduled to the Local Union President, or designee, and to the employee. Employees shall be laid off in one department and there exists a division vacant position in another department which the inverse order of their Employee has the skill and the ability to perform, bargaining unit seniority within the affected job description 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 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 is not the least senior employee at in his/her classification, such employee will be assigned to the position held by the least senior employee in the same or lower salary range occupying a position classification and department, provided he/she has 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 positionskill and ability, 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 work record and experience to perform the essential functions duties of the job and has all the qualifications presented in the job descriptionjob. 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. (d) In the event that an employee does 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 an eight (8) week probationary period, during which he/she may be removed from the position and shall be laid off if his/her performance is not currently have satisfactory in the relevant certification/licenseopinion 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 time of the prospective layoff, temporary work is available in the classification of the Employees 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. (f) If the Employee accepts such assignment, the Employee is not laid off and remains an Employee with recall rights commencing from the effective date of layoff stated in the Notice Letter. At the end of the temporary assignment, if another temporary assignment, for which the employee is still eligible to exercise this bumping right provided qualified, is not available the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and Employee will be laid offoff and receive severance pay equal to the difference between the weeks in the temporary assignment and the severance pay as outlined under Article 20 of the collective bargaining agreement, if any. When layoffs occur in In the event that a non-temporary position exists at the end of the temporary assignment the above recall procedures shall apply. This provision will not apply to probationary employees. (g) If a regular part-time position, part-time Employee has greater equivalent seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump than a full-time employee under any circumstancesEmployee 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 a layoff.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes The parties agree that the effect of duties in the organizationa layoff is negotiable, lack of work, or lack of fundstherefore, the City Manager may lay off employees. All temporary following language is intended to both clarify and seasonal positions 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 laid off prior to from the layoff of any regular status bargaining unit employees, so long as the temporary work falls affected classifications within the usual and customary duties of Department in the bargaining unit employeefollowing order: 1. An employee shall 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 given notice offered to qualified employees who are being laid off. C. In the event of a layoff with as much notice as reasonably possiblefor any reason, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees employees shall be laid off in a division in the inverse order of their bargaining unit seniority within the their job description affected by classification within their Departmental Division. D. Employees being laid off shall be given written notice of such layoff thirty (30) days prior to the layoff. The 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 facts exist which establish the layoff option. If the option exists, it is mandatory that the City Manager shall first make every reasonable effort identify it in the notice of layoff under Section D above. 1. SAME JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be given the option 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 supplant any less senior employee at within their Departmental Division who occupies the same or job classification as the laid-off employee. If this option exists, none of the other options listed below shall be offered. 2. LOWER JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be granted, as an option in lieu of layoff, the opportunity to take a demotion to a lower salary range occupying a position the employee previously held job classification, 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 which he or she receives his has previously held status within their Departmental Division, if he or her layoff notice. To bump to she has 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 ability and current qualifications to perform the essential functions work of the job and has all the qualifications presented in the job descriptionthat position. In the event an The employee does not currently being displaced shall then have the relevant certification/license, same opportunities as any other employee subject to layoff. 3. VACANT POSITION WITHIN THE BARGAINING UNIT: Employees may be granted the employee is still eligible opportunity to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation placed in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will be laid off. When layoffs occur any other Department in a part-time position, part-time seniority cannot be applied to vacant position for which he or she has the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.ability and qualifications to

Appears in 2 contracts

Sources: Working Agreement, Working Agreement

Layoff. If there are changes of duties in Employees and the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff 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. An employee union shall be given notice of a layoff with as much notice as reasonably possible, but no less than at least fourteen (14) calendar days before notice prior to the effective datedate of layoff. Notice During period of the layoff layoffs, layoffs will be given to done by classification within the Local Union Presidentbusiness unit, (Electric or designee, Water) and to the employee. Employees shall personnel in the classification will be laid off by inverse seniority. Laid off employees will be able to bump less senior employees in a division in the inverse order of their bargaining unit seniority lower classifications within the job description affected 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 the layoff. The City Manager shall first make every reasonable effort this collective bargaining agreement may only bump to integrate those employees into another an Assistant Operator I (AOI) 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 Filter Plant or lower salary range occupying to an Assistant Operator II (AOII) position at the Filter plant if that AOII position is filled by a position member who has 24 months or less of seniority, unless the employee previously held in the employee’s present departmentmember possesses a Class A license. 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 Laid off Water division employees covered by this collective bargaining agreement may only bump to the position, the employee must have completed probation in the position they are bumping topositions of Demin Operator or Relief Operator at ▇▇▇▇▇▇▇. A bump Bumping across business units is limited to three (3) individuals during a layoff period. Employees that transferred across units will only be allowed if one opportunity to bid back to their original business unit should an opening occur, seniority and qualifications being sufficient. In all instances, an employee moving to a new classification will receive the employee is still able to perform the essential functions rate of pay of the job and has 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) monthsnew classification. An employee who bumps another employee must complete probation in the position. Failure to make probation within is laid off shall have recall rights for a period of thirty-six (636) months will result to their classification in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will be which they were laid off. When layoffs occur Laid off employees on the recall list will be allowed to bid across unit to the entry level positions in the respective business units if a part-time positionjob is posted. If an employee is recalled during this period, part-time seniority cannot be residency rules that applied to the same full- employee at the time position of layoff shall continue to apply upon recall. For employees included in the department. This means 10/18/21 Memo from ▇▇▇ ▇▇▇▇▇ who are laid off shall have Water Plant recall rights, by seniority, for a partperiod of thirty-time employee cannot bump six (36) months, employees on the recall list will be allowed to bid across the unit to the entry-level positions in the respective business units if a full-time employee under any circumstancesjob is posted.

Appears in 2 contracts

Sources: Labor Agreement, Labor Agreement

Layoff. If there are changes 1. A layoff shall be defined as the elimination of duties a position resulting in the organization, lack loss of work, or lack of fundsemployment by a bargaining unit member for non-disciplinary reasons. 2. In the event layoff becomes necessary, the City Manager may lay off District will notify the Union in writing, in advance, and the parties will meet to discuss ways of avoiding layoffs. Such notification will be given at least thirty (30) calendar days 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. All temporary and seasonal positions 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 prior 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 layoff position and which cannot be learned by a more senior employee in the classification group within a reasonable amount of time (generally ten (10) days). 6. The District shall notify the Union in writing of any regular status bargaining unit employeesprocesses, so long as the temporary work falls within the usual and customary duties of the bargaining unit which result in a less senior employee being retained over a more senior employee. 7. An employee who is laid off shall be entitled to “bump” the least senior employee in any other position in which that employee has worked, or in a lower position in the same classification the employee works or has worked, with the equivalent number of hours or fewer, provided the employee’s experience and qualifications meet the requirements of the position. 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. 8. Employees designated for layoff shall be given notice of a layoff with as much notice as reasonably possible, but no less than at least fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the inverse order written notice of their bargaining unit seniority within the job description affected by the layoff. The City Manager shall first make every reasonable effort A copy of such notice will simultaneously be sent 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 has all the qualifications presented in the job description. In the event an employee This notice does not currently have the relevant certification/license, the employee is still eligible apply to exercise this bumping right provided the pertinent certification/license is and can be obtained within six an emergency of less than two (62) months. An employee who bumps another employee must complete probation weeks in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesduration.

Appears in 2 contracts

Sources: Management Agreement, Management Agreement

Layoff. If there are changes of duties in (a) In the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff 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. An employee shall be given notice event of a layoff with as much notice as reasonably possibleoccasioned by post Christmas volume decline, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 in the classification affected will be laid off or he may elect to displace the least senior employee in any other classification provided he is senior to the employee he is displacing. The displaced employees may then exercise his senior- ity in the same manner in any other classification until the least sen- ior employee is laid off. In all other cases, when a bid job is con- solidated, discontinued 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 positionsuspended, 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 has all the qualifications presented in the job descriptionshall work as assigned. In the event an employee does the bid job is not currently have the relevant certification/licenserestored after fifteen (15) workdays, the employee affected may elect to displace any employ- ee in his or any other classification provided he is still eligible senior to the employee he is displacing and qualified to perform the job selected. The displaced employee may then exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation his seniority in the positionsame manner. Failure Moves resulting from such displacements shall be limited to make probation within six three (63). Should a fourth (4th) months will result in the employee’s termination. In an effort displacement result, such dis- placement shall be made after thirty (30) days. (b) Full-time seniority employees hired prior to minimize the disruption August 1, 1993 who may be subject to the workforce, an employee that is bumped will not have a right to bump and layoff will be laid off. When layoffs occur in a assigned to displace one (1) or more part-time position, employees in the building if any part-time seniority cannot employees are working in that building. In such case, said employee will be applied to provided with eight (8) contin- uous hours of work at the same full- time position in appropriate rate for the departmentclassification of work performed, except that: 1. This means If said employee displaces a part-time employee cannot bump and continues to perform the same work as his full time assignment, he will con- tinue to receive his regular rate of pay. 2. If in the building there is a part-time employee receiving a wage rate higher than that of the displaced part-time employee(s), the full-time employee under any circumstanceswill receive such higher rate. (c) Full time seniority employees hired after August 1, 1993 who may be subject to layoff will be afforded the opportunity to work part time on one (1) or two (2) shifts in their building. The laid off full time employees hired after August 1, 1993, part time rate of pay will be established according to their company date of hire. This condition will exist for all full time employees hired after August 1, 1993, until they have completed their two (2) year pro- gression and are receiving the top rate of pay in their classification. At this completion they will be entitled to the normal eight (8) hour guarantee. (d) When ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇ ▇▇▇ ▇ (▇), (▇) and (C) above do not apply, the following shall: Full- time seniority employee in the order of their seniority may elect to take the work of part-time workers, if any, for the duration of the layoff. In such cases, the full-time seniority employees will be guaranteed three (3) hours' work at the appropriate rate for the classification of work performed, in addition to all fringe benefits. (e) Section 3 (A), (B), (C) and (D) shall not apply when: 1. The Company shall have the right to lay off employees by clas- sification, in seniority order, for one (1) day. The laid-off employ- ees, in seniority order, may elect to displace the least senior employ- ees working in the building as loaders (excluding pre-load) or unloaders, provided the selection does not interfere with their regu- larly scheduled job. Full-time employees electing to displace part- time loaders or unloaders will be paid at their regular rate for the hours worked on the part-time job. 2. During the first three (3) days of emergencies beyond the Employer's control, such as fire, flood, snowstorm, power failure, T.O.F.C. delays. During strikes against UPS or other companies which require a reduction of the work force.

Appears in 2 contracts

Sources: Supplemental Agreement, Supplemental Agreement

Layoff. If there are changes The City Manager may layoff an employee from the Classified Service because of duties in the organization, lack shortage of work, or lack of funds, the City Manager may lay off employeesmaterial change in duties or organization, return of an employee from a leave of absence, or for other valid reasons. All temporary possibilities for a transfer must be exhausted before layoff. 31.1 At least two (2) 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 reasons therefore, and seasonal positions shall submit at that time, a statement certifying in each case whether or not the services of the employee to be laid off have been satisfactory. A copy of such notice shall be given to the employee affected. 31.2 Whenever the layoff of one or more employees shall become necessary, as defined in Article XIII of the Charter and this Section, such layoff shall be made within classification and department when employees with permanent appointments in the class are involved. 31.3 The order of layoff of employees with permanent appointments in the class shall be in the reverse order of total time served within that class upon the established date for the layoff to become effective. This will permit layoff to a lower classification, provided that the amount of time the employee has served in the higher classification, plus the amount of time the employee has served in the lower classification(s), exceeds the amount of time served in the lower classification(s) of at least one other employee. 31.4 No employee holding a permanent appointment in the class from which ▇▇▇▇▇▇ is to be made shall be laid off prior to the layoff unless all provisional and probationary employees in that class have first been terminated. 31.5 The names of any regular probationary employees and employees with permanent status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. An employee who are laid off shall be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before placed on re-employment lists for the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees shall be class from which they were laid off in a division in the inverse order of their bargaining unit seniority within the job description affected by total time served in that classification. Total time in such cases shall include time served on military leave of absence from the layoff. Classified Service. 31.6 The City Manager shall first make every reasonable effort will maintain its regular level of contribution towards health and life insurance benefits for one (1) month, in addition to integrate those employees into another position by transfer or consider alternatives to layoff by the Union. Within individual divisionany employer pre-paid coverage they may be eligible for, 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 has 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 any permanent employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Layoff. If there are changes Where the Board has made a decision to reduce the complement of duties in the organization, lack of work, or lack of fundsService, the City Manager may following system of lay-off and, if subsequently required, termination shall apply: 24.01 The Board will first lay off employees. All summer students and temporary and seasonal positions shall be laid off members prior to the layoff lay-off of any regular status bargaining unit employees, so long as the temporary work falls part-time or full-time staff within the usual affected classification(s). Subject to the Board having qualified personnel on staff to perform the required work, lay-off of probationary, part-time and customary full-time members shall be based on seniority. Non-probationary full-time and part- time members shall receive sixty (60) calendar days' notice prior to the effective date of lay-off or payment in lieu thereof. Probationary members, temporary members and summer students shall receive thirty (30) 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 an equal or lower rated job classification; or, in a case where the bargaining unit employee. An employee 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 given 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 provided with recall opportunity, unless the available members do not have the qualifications to perform the available work. 24.04 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 (10) calendar days after a layoff with as much member receives notice as reasonably possible, but no less than 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 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) calendar days before the effective date. Notice of receipt of the layoff will be given to the Local Union President, notice or designee, and to the employee. Employees shall be laid off in a division in the 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 fourteen (514) 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 has all recall date specified on the qualifications presented in the job description. In the event an employee does not currently have the relevant certification/license, the employee notice whichever 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstanceslater.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff. If there are changes of duties Layoffs shall be administered in the organizationaccordance with university policy except as stated below: 1. Seniority will prevail in layoffs due to economic reasons or reorganization. 2. Within their respective departments/work units, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions regular supervisors shall not be laid off prior before temporary or newly hired probationary supervisors in the same job classification. 3. Bumping Rights a) First, an employee identified for ▇▇▇▇▇▇ will be offered the opportunity to the layoff of any regular status bargaining unit employees, so long as the temporary work falls fill a vacancy in his/her current title within the usual operating unit and customary duties of campus. If the bargaining unit employee. An employee shall chooses not to accept the vacancy offered, the employee may opt to be given notice of placed on the recall list. b) Second, if a layoff with as much notice as reasonably possiblevacancy pursuant to “a” above is not available, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff employee will be given offered a vacancy in his/her current title on the campus. If the employee chooses not to accept the Local Union Presidentvacancy offered, the employee may opt to be placed on the recall list. c) Third, if a vacancy pursuant to “a” or designee“b” above is not available, and the employee will be offered the opportunity to fill a vacancy in the employee’s current or immediate prior title University-wide. Employees shall If the employee opts not to fill a vacancy offered under this section, the employee may opt to be laid off placed on the recall list. d) Fourth, if the employee is not placed in a division in vacancy pursuant to “a”, “b” or “c” above, the 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 in his/her current title within the same or lower salary range occupying a position operating unit and campus. If an employee opts not to exercise his/her bumping rights under this section, the employee previously 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 “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 employee’s prior held title is in a CWA bargaining unit. If the employee opts not to exercise his/her bumping rights under this section, 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 employee’s present departmentcurrent or immediate prior title, for which the employee is qualified. An If the employee wishing 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 must exercise another staff member, and is subsequently informed by the campus Human Resources department that the salary of the vacant or bump position is more than 10% below his or her right within five (5) calendar days from the date he or she receives his or her layoff notice. To bump current salary, shall be allowed to reconsider their decision and to go on to the position, the employee must have completed probation in the position recall list. (See Appendix A for a listing of University Operating Units as they are bumping to. A bump will only be allowed if the employee is still able apply to perform the essential functions of the job Layoffs and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesBumping.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes In the event the Hospital must reduce the workforce within a department for a period of duties 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 organizationparties have met, lack of work, or lack of fundsif the Hospital determines that a layoff is needed in a department, the City Manager may lay off employees. All temporary and seasonal positions Hospital shall institute a layoff that will be laid off prior to the layoff in reverse order of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of seniority provided the bargaining unit employeemembers in that department are qualified to perform the work to be done. An employee shall be given notice of If unable to agree in the meeting, OFNHP can demand a layoff with be initiated. Nothing in this language prevents the Hospital from initiating a layoff. The Hospital will provide as much advance notice as reasonably possiblepossible to the affected department(s), but in no case will this notice be less than fourteen (14) 21 calendar days before the effective datedays. Notice of the A bargaining unit member in a department selected for layoff will be given to have the Local Union President, or designee, and to the employee. Employees shall be laid off in a division following steps in the inverse order following order. For purposes of their this Article, similar category applies to “benefited” positions and “relief” positions. Benefited 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 members can bump the least senior employee at benefited bargaining unit member, and relief bargaining unit members can bump the same or lower salary range occupying a position the employee previously held least senior relief bargaining unit member in the employee’s present departmenteach step. 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 positionIf multiple positions are being eliminated, the employee must have completed probation most senior bargaining unit member shall exercise their choice among the available options 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 has all the qualifications presented in the job descriptiontheir department first. In the event that the Hospital is eliminating an employee does not currently have the relevant certification/licenseentire unit, job classification, or major portion thereof, or is combining or separating units, the employee is still eligible Union and Hospital will discuss additional options related to exercise this bumping right such reorganization. Provisions in Article 17 shall apply to the awarding of these positions. 1. A bargaining unit member notified of layoff shall be considered to fill any similar category posted position, provided the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation in they meet minimum qualifications for the position. Failure In all steps above, the bargaining unit member being laid off must notify management within 48 hours of receiving notice of layoff of their decision to make probation within six (6) months exercise their bumping rights. A bargaining unit member on layoff status will result in have the employee’s terminationability to access electronic notification of posted positions. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and It will be laid off. When layoffs occur the laid-off bargaining unit member’s responsibility to meet the application timelines, per Article 11, and the Hospital requirements and application process, in a part-time position, part-time seniority cannot order to be applied to considered for the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesposted positions.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff. If there are changes of duties in the organization, lack of work, or lack of funds, the City Manager may lay off The Employer recognizes that layoffs have significant negative impact on employees. All temporary and seasonal positions The Hospital shall be laid off prior to the layoff 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. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 avoid layoffs. The Employer retains the authority and discretion to determine whether, when and to what extent a layoff of bargaining unit employees is to be implemented. 1. Should a layoff be necessary, the anticipated length and reasons for such shall be sent to the Union. Such notification shall be given as soon as possible. As permitted by law, a minimum layoff notice of twenty (20) calendar days shall be provided to the Union, the employees affected and those who might be affected before any layoff takesplace. At the same time employees into another position by transfer shall be advised of all vacant positions, except in situations that the Hospital could not have reasonably foreseen; such as natural disaster (such as fire, flood, act of God, explosion, prolonged equipment failure or consider war) and in those cases the Hospital will give such notice as is reasonable and practicable under the circumstances. Employees shall subsequently be advised of any bumping rights they may have after the Union and Hospital management have met. 2. At the request of the Union, the Employer and the Union shall meet within one (1) week to discuss any possible layoff in order to explore alternatives to layoff by including, but not limited to, job sharing and voluntary reduction of hours. The Hospital will advise 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 Union of all vacant positions and/or bumping to. A bump will only be allowed if the employee is still able to perform the essential functions of the job and has all the qualifications presented in the job descriptionrights. 3. In the event an employee does not currently have the relevant certification/licenseEmployer decides to effectuate a layoff, the employee is still eligible to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) monthsHospital will first ask for volunteers. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In If there are no volunteers, or there are an effort to minimize the disruption to the workforceinsufficient number of volunteers, an employee that is bumped will not have a right to bump and employees will be laid off, by bargaining unit seniority. When layoffs Layoffs will occur in a part-time position, part-time seniority cannot be applied according to the same full- time position following procedures: a) Temporary and probationary employees shall be laid off first in that order. b) Non-probationary employees within the department. This means a part-time employee cannot bump a cost center (i.e. full-time employee under any circumstancesor part-time) shall be the next to be laid off based on bargaining unit seniority.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes of duties in Section 1. A layoff is defined as a separation from the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit service for involuntary reasons not reflecting discredit on an employee. An employee shall be given written notice of a layoff with as much notice far in advance as reasonably possible, possible but no not less than fourteen fifteen (1415) calendar days before the effective date, stating the reasons for the layoff. Section 2. Notice The layoff procedure shall occur in the following manner: 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 will occurs shall be given terminated prior to the Local Union President, layoff of trial service or designee, and to the employee. regular employees. C. Employees shall be laid off and service credits calculated within a geographic area and within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions D. An employee notified of a pending layoff shall be placed into an available vacant position or displace the employee in a division their geographic area with the lowest service credits in the 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 same classification 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 equivalent salary range occupying a position 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 employee’s present department. An same geographic area, then the employee wishing shall select one (1) of the following options and communicate such choice in writing to bump must exercise his or her right the OMD HR Office within five (5) calendar 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 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 elects to be laid off shall be placed on the date he or she receives his or her OMD layoff noticelist for the represented 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 classification and must be capable of performing the specific requirements of the position as stated in the position description within approximately thirty (30) days. To An employee who is seeking to bump another employee has no right to a trial service period of any duration in the position into which the employee is attempting to bump. Further, the approximate thirty (30) day time period is for the purpose of orienting an employee to the position, not training 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 has all the qualifications presented in the job description. In the event work. F. When exercising an option under Section 2(D) an employee does not currently have the relevant certification/license, the employee is still shall only be eligible to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps displace another employee must complete probation in with lower service credits. G. Employees filling job share position which total one (1) full-time equivalent shall be considered as one (1) full-time equivalent. Service credits shall be determined by averaging the position. Failure to make probation within six two (62) months will result in individual scores and the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and two (2) individuals will be laid offtreated as one (1). When layoffs occur in Employees sharing a job share position and who elect not to be treated as one (1) full-time equivalent shall be considered part-time position, employees. Section 3. Computation of service credits for regular status employees shall be made as follows: A. One (1) point per month for each full month of unbroken service in State service excluding temporary service. A break in service is a separation or interruption of employment without pay of more than two (2) years. All part-time seniority cannot service shall be applied to credited on a prorated basis. Periods of leave without pay of fifteen calendar (15) days or more will be deducted from service credits calculations. When a layoff is announced, service credits scores shall be frozen on that date until the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under layoff and any circumstancessubsequent bumping activity is completed.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. 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 (a) No employee on a seniority list will be laid off prior while a probationary employee or an apprentice is retained in the classification. (b) In the event employees are to be laid off, the Company will provide notice equal to one (1) week in addition to the layoff of any regular status bargaining unit employeesminimum specified in the Canada Labour Code, so long as Part III to the temporary work falls within Union and the usual employees who are to be laid off. (c) An employee who is laid off shall have the right to bump a junior employee in the same job classification, if one exists. In the event that none exist, the laid off employee shall have the option to bump the most junior in the lower classification that they are qualified with the acceptable licenses and customary duties certifications, to perform the responsibilities of the bargaining unit employeeposition. An employee laid off shall have the option to bump or be laid off. Layoff shall be given notice in reverse order of seniority. (d) An employee who is designated for layoff, but who retains seniority in a former classification in accordance with Article 11.02 e), will have the alternative of being laid off or displacing an employee with less seniority in that former classification or in descending order, a lower wage rated classification provided the employee is qualified to perform the required work. (i) In the case 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 basic classification, a Lead Hand shall be considered 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s terminationbasic classification. (ii) In the case of a 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 Hand classification. (f) When an employee who has bumping rights decides to exercise that right, the employee will be obligated to do so in writing within seven (7) working days of receiving layoff notice. In an effort to minimize the disruption to the workforce, cases where an employee that is bumped will not have a right to bump and who has received layoff notice requests pension estimate information, this information will be made available within the seven (7) day period. (g) For the purpose of this Article, the provisions of 11.04 a) and c) 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 employee will retain a seniority standing. (h) Employees who are laid off. When layoffs occur in a part-time positionoff will be given their Record of Employment, part-time seniority cannot wages and vacation pay owing within two (2) weeks after the last day of employment. (i) Notice period and payment shall be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesas per provision 21.03.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes a. All new employees shall be probationary employees for the first sixty (60) work days since their most recent date of duties in hire. The sixty (60) work day probationary period may be extended by the organization, lack additional number of work, or lack days necessary to make up for duty days missed through the employee's absence and/or school vacation days. b. Upon satisfactory completion of fundsthe probation period, the City Manager may lay off employees. All temporary and seasonal positions employee's name shall be laid off prior added to the layoff seniority list as of his/her most recent date of hire. c. If at any regular status bargaining unit employeestime, so long as before the temporary work falls within the usual and customary duties completion of the bargaining unit employee. An employee shall be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen sixty (1460) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to work days’ probationary period the employee's work performance or attendance is unsatisfactory, he/she may be dismissed by the Employer without appeal by the Association. 1. Employees shall be laid off in a division according to their seniority within their classification. An employee whose job has been eliminated or who is on scheduled layoff shall have the right to displace an employee in the inverse order same or lower classification group with less seniority in said classification. (See Appendix A for classification groups.) 2. Written notice of their bargaining unit seniority within layoff shall be made to the job description affected by employees at least thirty (30) calendar days before the layoff. The City Manager School year employees not being recalled from summer recess at the time school would normally begin shall first make every reasonable effort also be given written notice at least thirty (30) calendar days before the normal start of school. Before those thirty (30) calendar days, the Employer will meet with the Association regarding issuance of said written notice(s). 3. Laid-off employees shall have their insurance benefits continued to integrate those the end of the prepaid period in which the layoff occurs. Thereafter, the employee may at his/her option, continue such benefits for up to one and one-half (1-1/2) years at his/her own expense unless such individual payment(s) will cause the insurance carrier to increase the premium or re-define the group. 4. Laid-off employees into another position by transfer or consider alternatives to layoff by who hold seniority in a classification other than the Union. Within individual divisionclassification from which they are laid-off may, a bargaining unit employee scheduled for layoff may bump at the option of the employee, displace the least senior employee at in that other classification provided that the same or lower salary range occupying a position laid-off employee has more classification seniority than the employee previously held in the employee’s present departmentbeing displaced. An employee wishing to bump must exercise his or her right within five (5) calendar days from this option before the effective 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstanceslayoff.

Appears in 1 contract

Sources: Master Agreement

Layoff. If there are changes of duties in In the organization, lack of work, or lack of funds, the City Manager may event it becomes necessary to lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff of employees for any regular status bargaining unit employeesreason, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. 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 Local Union President, or designee, and to the employee. Employees employees shall be laid off in reverse order of seniority within that job classification within the District. The job classifications are Aides; Building Secretaries; Central Office Secretaries ; LPN. When an employee is to be laid off due to a division reduction in the inverse order of their bargaining unit seniority work force within the a job description affected classification, or because he is being bumped by the layoff. The City Manager a more senior employee, he 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, be given 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 work day notice or pay in lieu of such notice, at the option of the Employer. For employees who are absent from work for any reason on the date he or she receives his or her layoff notice. To bump day such notice is to be given, the Employer will mail a certified letter to the position, employee and the Association on the day that such notice was to be given. Employees being laid off or bumped shall be permitted to bump the less senior employee must have completed probation in the position they are bumping to. A bump will only be allowed if District in either the employee same job classification or another classification where he is still able qualified to perform the essential functions work as determined by the Employer. This bumping will be permitted without the interruption of his continuous service. Employees desiring to bump to another building or to another classification must advise the Superintendent’s office within two (2) work days of his receipt of such notice of layoff. Employees changing classifications will be placed on step within the new classification, but in no event with a reduction of pay – these employees shall be “red circled” and paid above the applicable schedule and shall receive no annual increase in wage until such time as the classification schedule is at or above the red circled rate. The order of recall for laid off employees shall be the most senior employee qualified for the open position. The District shall offer employment to employees from the recall list prior to advertising for outside hires. Employees on the recall list who refuse comparable employment shall be removed from the list. Evaluations of employees covered under this agreement shall be on the attached, agreed to, form. The Employer shall provide training to employees on the performance evaluation system. The Employer will notify employees of the job method and forms to be used prior to the beginning of the performance evaluation rating period. (NOTE: This language is from the prior contract and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.been moved here for clarity)

Appears in 1 contract

Sources: Contract Agreement

Layoff. If there are changes the employer is required to reduce staff, probationary and temporary employees will be terminated first without recall rights. Any regular employee who receives a notice of duties in layoff shall have the organization, lack right to fill a vacancy resulting from the termination of work, probationary employees or lack of funds, displace the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior employee with the least seniority subject to the layoff 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. An following: a) The employee shall be given who has received notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before shall have the effective date. Notice of the layoff will be given right to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 displace the least senior employee in the same job and same hour band. b) If there is no less senior employee to displace in a), the laid off employee, may choose to displace the least senior employee in the same level/hour band or a lower level/hour band provided the employee has the qualifications, skills and ability for the job. If the employee cannot displace the least senior employee due to qualifications, skills and ability, the laid off employee will look to the next least senior employee and so on. If the laid off employee chooses to displace in a lower hour band, the employee forfeits their right to their former hour band. Employees who fill a job with a lower rate of pay will have their present rate of pay red circled. c) Any employee who is displaced shall have the right to displace the least senior employee as in b) and so on. d) If there is no less senior employee to displace, or if the employee chooses not to displace, the employee will be laid off and subject to recall provisions as set out in article 13.03. While on the recall list, the employee may fill any available temporary assignments for which the employee has the qualifications, skills and ability for the duration of the temporary assignment or until such time as any vacant position becomes available for which the employee has the qualifications, skills and ability. When such a position does become available, the recall provisions of this agreement would be applied. e) If more than one employee has the right to displace 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 positiontime, the employee must have completed probation with the greatest seniority shall displace first, whether the next greatest seniority employee had received notice of layoff or had been displaced, and so on. f) Employees who displace in the same position they are bumping towill not be placed on a trial period. A bump will only be allowed if the employee is still able to perform the essential functions of the job and has all the qualifications presented Employees who do not displace 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and same position will be laid off. When layoffs occur in placed on a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.trial period of thirty

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes of duties in the organization, lack of work, or lack of funds, the City Manager may lay off The Employer recognizes that layoffs have significant negative impact on employees. All temporary and seasonal positions The Hospital shall be laid off prior to the layoff 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. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 avoid layoffs. The Employer retains the authority and discretion to determine whether, when and to what extent a layoff of bargaining unit employees is to be implemented. 1. Should a layoff be necessary, the anticipated length and reasons for such shall be sent to the Union. Such notification shall be given as soon as possible. As permitted by law, a minimum layoff notice of twenty (20) calendar days shall be provided to the Union, the employees affected and those who might be affected before any layoff takes place. At the same time employees into another position by transfer shall be advised of all vacant positions, except in situations that the Hospital could not have reasonably foreseen; such as natural disaster (such as fire, flood, act of God, explosion, prolonged equipment failure or consider war) and in those cases the Hospital will give such notice as is reasonable and practicable under the circumstances. Employees shall subsequently be advised of any bumping rights they may have after the Union and Hospital management have met. 2. At the request of the Union, the Employer and the Union shall meet within one (1) week to discuss any possible layoff in order to explore alternatives to layoff by including, but not limited to, job sharing and voluntary reduction of hours. The Hospital will advise 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 Union of all vacant positions and/or bumping to. A bump will only be allowed if the employee is still able to perform the essential functions of the job and has all the qualifications presented in the job descriptionrights. 3. In the event an employee does not currently have the relevant certification/licenseEmployer decides to effectuate a layoff, the employee is still eligible to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) monthsHospital will first ask for volunteers. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In If there are no volunteers, or there are an effort to minimize the disruption to the workforceinsufficient number of volunteers, an employee that is bumped will not have a right to bump and employees will be laid off, by bargaining unit seniority. When layoffs Layoffs will occur in a part-time position, part-time seniority cannot be applied according to the same full- time position following procedures: a) Temporary and probationary employees shall be laid off first in that order. b) Non-probationary employees within the department. This means a part-time employee cannot bump a cost center (i.e. full-time employee under any circumstancesor part-time) shall be the next to be laid off based on bargaining unit seniority.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes the employer is required to reduce staff, probationary and temporary employees will be terminated first without recall rights. Any regular employee who receives a notice of duties in layoff shall have the organization, lack right to fill a vacancy resulting from the termination of work, probationary employees or lack of funds, displace the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior employee with the least seniority subject to the layoff 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. An following: a) The employee shall be given who has received notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before shall have the effective date. Notice of the layoff will be given right to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 displace the least senior employee in the same job and same hour band. b) If there is no less senior employee to displace in a), the laid off employee, may choose to displace the least senior employee in the same level/hour band or a lower level/hour band provided the employee has the qualifications, skills and ability for the job. If the employee cannot displace the least senior employee due to qualifications, skills and ability, the laid off employee will look to the next least senior employee and so on. If the laid off employee chooses to displace in a lower hour band, the employee forfeits their right to their former hour band. Employees who fill a job with a lower rate of pay will have their present rate of pay red circled. c) Any employee who is displaced shall have the right to displace the least senior employee as in b) and so on. d) If there is no less senior employee to displace, or if the employee chooses not to displace, the employee will be laid off and subject to recall provisions as set out in article 13.04. While on the recall list, the employee may fill any available temporary assignments for which the employee has the qualifications, skills and ability for the duration of the temporary assignment or until such time as any vacant position becomes available for which the employee has the qualifications, skills and ability. When such a position does become available, the recall provisions of this agreement would be applied. e) If more than one employee has the right to displace 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 positiontime, the employee must have completed probation with the greatest seniority shall displace first, whether the next greatest seniority employee had received notice of layoff or had been displaced, and so on. f) Employees who displace in the same position they are bumping towill not be placed on a trial period. A bump Employees who do not displace in the same position will only be allowed if placed on a trial period of thirty (30) working days or up to one hundred and twenty (120) working days where the Human Resource Services Department determines that training is required. g) If the trial period will exceed thirty (30) working days, the Human Resource Services Department will notify the employee and the union in writing, stating the length of the trial period and outline the training required. Where the Board has determined that within the trial period the employee is still able unable to perform the essential functions of successfully meet the job and has all the qualifications presented in the job description. In the event an employee does not currently have the relevant certification/licenserequirements, 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 placed on the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesrecall list.

Appears in 1 contract

Sources: Collective Agreement

Layoff. If Layoff shall be defined as necessary reduction in the work force. 525 526 In the event of a reduction of FTE or a layoff, the District shall first assess any retirements, 527 resignations, or requests for leaves of absences that have been announced for the upcoming year. 528 529 In the event there are changes of duties any known open positions for an immediate or upcoming school year, the 530 District must first post these openings to internal bargaining unit members. 531 532 In effort to prevent a bargaining unit member(s) from receiving a layoff notice, the District may 533 then reassign those bargaining unit members whose positions have been identified for FTE 534 reduction or layoff into any remaining openings in the organizationunit, lack after any previous movement 535 identified above has occurred. The District shall make every effort to place an employee into a 536 position which matches their previously assigned daily hours and contracted days for the year. 537 538 In no case shall a new employee be employed by the District while there are laid off employees 539 qualified for a vacant or newly created position as determined by the job description of work, that 540 position. 541 542 In the event of layoff or lack of fundsreduction in hours, the City Manager District shall provide written notice to all affected 543 employees and the President, on or before June 1 preceding the action. Employees not notified 544 shall continue in employment for the following year unless there is just cause for termination. 545 546 Laid off employees may lay off employeescontinue participation in District insurance programs by paying the 547 regular monthly premium to the District, subject to carrier approval. All temporary and seasonal positions shall 548 549 An employee whose position is eliminated may bump a less senior employee. Any employee 550 who is bumped will likewise have the same right to bump a less senior employee. 551 552 Bumping will only be allowed into a position for which the displaced employee meets the 553 minimum bumping qualifications. Bumping qualifications will be limited to those skills as 554 stated in the respective current job descriptions. Bumping will only be allowed into a position 555 for which the displaced person meets the job description requirements. Every effort will be made 556 to place the displaced employee in a position as close to their eliminated position as possible. In 557 no instance will a more senior displaced employee be laid off prior when a less senior employee 558 position is retained. The District will post the job descriptions on the District shared file for 559 individual employee review. 560 561 The District will publicize and/or offer training in the skills named in each of the job 562 descriptions, and will notify all employees of the times, dates, and contents of such training. 563 564 3. Recall: Employees who are laid off and have not been placed into an open position before the 565 start of the new school year shall be placed in a reemployment pool for two years and shall have 566 the right of first refusal for all substitute secretarial work in rotation, from most senior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls least 567 senior within the usual and customary duties pool. All open positions that occur after the start of the new school year shall 568 first be made available to existing members of the bargaining unit unit. After internal movement, if 569 any, open positions will be filled through recall of employees by reverse order as determined by 570 the final seniority list. It will be assumed that laid-off employees possess all qualifications 571 necessary for any District position that they previously held. Notification of recall shall be sent 572 by certified or registered mail to the last known address as shown on District records. The notice 573 shall include the time and date the employee is to report back to work. It is the employee's 574 responsibility to keep the District notified as to his/her current mailing address. An 575 576 A recalled 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 receipt of the date he or recall notice to 577 inform the District if he/she receives his or her layoff notice. To bump to will accept 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 has 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 bumps another employee must complete probation declines recall shall 578 forfeit his/her seniority rights provided the position offered is of equivalent monetary value and 579 does not involve a reduction in the positiontotal compensation. Failure 580 581 Employees on layoff shall retain their seniority for purpose of recall for a period of two (2) years. 582 Upon return to make probation within six (6) months will result in the active employment, an employee’s terminationunused accumulated sick leave shall be 583 restored. In an effort to minimize The employee shall retain the disruption to seniority held at the workforce, an employee that is bumped will not have a right to bump and will be laid offtime of layoff. When layoffs occur in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.584 585 586 587 Section I: Employment Protection 588

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes of duties in The County retains the organization, lack of work, or lack of funds, the City Manager may right to lay off employees. All temporary In the event of a layoff, the County shall determine which positions shall be subject to the layoff. Employees in positions subject to a layoff shall be given no less than thirty (30) days written notice prior to the effective date of the layoff. Any notice of layoff shall include notification of the employee’s bumping rights and seasonal the deadline by which they need to be exercised. Should the County choose to reduce the hours of any represented positions in a department, the 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 prior while temporary employees performing substantially the same duties are retained by the County. The bumping employee need not be on the Columbia County eligibility list for the position into which the employee is bumping. Any disagreement as to qualifications of employees to fill a job by bumping may be taken up by the layoff Union as a grievance, starting at Step III of any regular status bargaining unit employees, so long as the temporary work falls within process. A bumping employee shall be placed on a six (6) month trial period in a new position. If the usual and customary employee fails to perform the duties of the bargaining unit employee. An position satisfactorily during this trial period, the employee shall be given notice of a returned to layoff with as much notice as reasonably possible, status but no less than fourteen (14) calendar days before shall retain recall rights until the effective date. Notice end of the layoff will be given original two (2) year term as provided in Section 11.8B below. In addition, the employee may initiate a subsequent request to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 Unionbump as provided below. 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 working days from the date he or she receives his or her layoff notice. To bump to the positionof receipt of notice of layoff, the employee must have completed probation may initiate bumping rights by notifying the County, in writing, with a copy to the position they are Union and the department head affected. This notification shall include the bumping toemployee’s seniority date, present department and job classification. A bump It will only be allowed if 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 bumping employee of its decision, with copies to the Union and the department head affected. If the bumping is still able to perform the essential functions of the job and has all the qualifications presented in the job description. In the event an employee does not currently have the relevant certification/licenseapproved, the employee to be bumped will be notified of this decision and given layoff notice at the same time as the bumping employee is still eligible notified of the approval to exercise this bump. If denied, the bumping right provided the pertinent certification/license is and can be obtained within six employee shall have five (65) months. An employee who bumps days to either initiate a subsequent request to bump another employee must complete probation in as provided above or initiate a grievance beginning at Step III of the positiongrievance procedure. Failure to make probation within six (6) months will result in If the bumped employee is compensated at a rate that is lower than the bumping employee’s termination, the bumping employee shall be compensated at no less than the same salary range and step level as the bumped employee. In an effort to minimize If the disruption 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 workforcelayoff, an employee that whichever 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstanceshigher.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes of duties Layoffs shall occur in the organizationinverse order of seniority, lack provided however, that the retained senior employee is qualified to perform the job functions of workthe junior employee. A. This agreement does not affect management’s discretion to determine whether layoffs will be conducted rather, or lack of fundsit is to set forth the protocol for how layoffs will be implemented. B. Layoffs will be done by seniority. Upon determination by management that an employee should be laid off, the City Manager may lay off employees. All temporary employee shall be informed of any position open within the Agency to determine the employee’s interest and seasonal positions qualifications for the job. C. If the employee does not qualify or is not interested in any open position; said employee shall be laid off prior without prejudice to the layoff of any regular status bargaining unit employees, so long as the temporary work falls their unemployment. Any person who bumps into another position or accepts another position within the usual and customary duties of agency will not be considered as a laid off employee. D. Should a laid off position be restored, or should any position within their work site which they are qualified for become available, the bargaining unit employee. An laid off employee shall be given recalled to work by a written notice to the last known address provided by the employee to the employer, return receipt requested. A laid off employee, prior to layoff, shall complete a checklist of a layoff with as much positions they are qualified for and that they are willing to accept. Rate of pay and benefits for recalled employees will be at stated rate in the collective bargaining agreement for applicable job classification. E. If the laid off employee fails to respond to the notice as reasonably possible, but no less than within fourteen (14) calendar days before days, said employee shall forfeit recall rights. F. All laid off employees shall retain recall rights according to seniority for eighteen (18) months. Seniority will not accumulate the effective date. Notice of time employees are laid off. G. If a laid off employee is offered his/her former position or a position within the layoff same classification and refuses to accept the position, recall rights will be given to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 terminated. H. If an employee bumps 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 and is recalled back into 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 and/similar 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 has all the qualifications presented in the job description. In the event an employee does not currently have the relevant certificationretain his/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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesher seniority.

Appears in 1 contract

Sources: Working Agreement

Layoff. If there are changes of duties in Section 1. A layoff is defined as a separation from the organization, lack of work, or lack of funds, service for involuntary reasons not reflecting discredit on the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff 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. An employee shall be given written notice of a layoff with as much notice as reasonably possible, but no less than fourteen at least fifteen (1415) calendar days before the effective datedate stating the reasons for the layoff. Section 2. Notice The layoff procedure shall occur in the following manner: (a) The Agency shall determine the specific positions to be vacated and employees in those positions shall be notified of layoff. The Agency shall notify, in writing all affected employees of their service credits and contractual bumping rights. The Agency shall notify the Union in writing of service credits of all employees in all affected positions. The Agency shall also post a copy of the service credits of all affected positions on Agency bulletin boards. (b) Temporary employees working in the classification and the city in which a layoff will occurs shall be given terminated prior to the Local Union Presidentlayoff of trial service or regular employees. Employees hired from outside the Agency to work in a limited duration appointment shall not have layoff rights except as provided for under Article 46, or designee, and Section 3(b). An Agency employee appointed from regular status to a limited duration appointment shall be entitled to rights under this Article based on the employee. ’s former regular status classification. (c) Employees shall be laid off in a division in the inverse order of their bargaining unit and seniority calculated 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 departmentfollowing separate categories: permanent full-time positions; permanent part-time positions. An initial trial service employee wishing cannot displace any regular status employee. (d) An employee notified of a pending layoff shall select one (1) of the following options and communicate such choice in writing to bump must exercise his or her right the Human Resources Manager within five (5) calendar days from the date he or the employee is notified in writing of the layoff: (1) The employee may displace an employee in the Agency with the lowest seniority in the same classification for which he/she receives his or is qualified. (2) The employee may demote to the lowest seniority position in any classification for which he/she is qualified within the Agency. Employees who elect to demote shall be placed on any layoff list of his/her choice within the Agency for the classification from which he/she demoted. (3) The employee may elect to be laid off. An employee who elects to be laid off shall be placed on the Agency layoff noticelist for the classification from which he/she was laid off. (e) To be qualified for the options under Section 2(d), the employee must meet all of the minimum qualifications of the position’s classification plus any special qualifications stated in the position description and must be capable of performing the specific requirements of the position within two (2) weeks. To An employee who is seeking to bump another employee has no right to a trial service period of any duration in the position into which the employee is attempting to bump. Further, the two (2)-week time period is for the purposes of orienting an employee to the position, not training the employee must have completed probation in to perform the position they are bumping towork. A bump will only The Agency shall be allowed if the sole determinant of whether the employee is still able to perform the essential functions capable of the job and has all the qualifications presented in the job descriptionperforming such duties. In the event If an employee does cannot currently have meet the relevant certification/licenseabove requirements as stated in subsection (e) of this Article, the employee is still eligible may displace or demote to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation next lowest seniority position in the position. Failure to make probation within six (6) months will result classification, provided that the employee in the employee’s terminationnext lower position has lower seniority than the employee displacing or demoting in which the layoff is taking place. In When exercising an effort to minimize the disruption to the workforceoption under Section 2, an employee that shall only be eligible to displace another employee with lower seniority. Any employee displaced by another employee exercising options under Section 2 may also exercise any option available under Section 2. Section 3. Computation of seniority for regular status employees shall be made as follows: (a) One (1) point per month for each month of continuous service with the State excluding temporary service. A break in service is bumped will not have a right to bump and will be laid offseparation from the service without pay for more than two (2) years. When layoffs occur in a All part-time positionservice shall be credited on a pro-rated basis. Periods of leave without pay of ninety (90) calendar days or more will be deducted from seniority calculations. When a layoff is announced, part-time seniority canscores shall be frozen on that date until the layoff and any subsequent bumping activity is completed. (b) If two (2) or more employees have equal seniority, the Agency shall determine the employee(s) to be laid off considering requirements of available position(s), value of the employee(s) to the mission of the Agency, demonstrated performance and other relevant factors. Section 4. Any trial service employee who is laid off or demoted in lieu of layoff shall not be applied placed on the Agency layoff list, but shall be restored to the same full- time position in eligible list from which certification was made if the departmenteligible list is still active. Section 5. This means Employees electing to displace, demote and/or return from layoff do not receive reimbursement for travel or moving expenses. Section 6. There shall be no cross bumping between management service and the bargaining unit. Section 7. Any temporary interruption of employment because of a part-time employee canlack of work or unexpected or unusual reasons beyond the Agency’s control, which does not bump a full-time employee under any circumstances.exceed fifteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes Lay off shall be by category, based on seniority, starting at least senior. The Company shall notify the Union as soon as possible prior to any lay off. All employees shall receive at least calendar days notice of duties any layoff or shall receive pay in lieu of notice. In the event that an employee continues to work for the Company after the calendar days notice period expires, the employee shall be considered as not having received notice. On receipt of notice, the employee may, within three (3) working days, advise the Company in writing, with a copy to the Union, that wishes to exercise bargaining unit seniority by bumping into another category provided that has the seniority and is qualified to perform the work. It is understood that the employee will maintain current classification and if this results in a further layoff, applies. All contract labour, part time and probationary employees in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions job category shall be laid off prior to full time employees. When there is a vacancy. laid off employees shall be recalled to work in order of category provided they are qualified to perform the layoff of any regular status bargaining unit employeeswork, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. An Employees who have exercised their right to displace another employee shall have the option of returning to their previous position if there is a vacancy in that category. Employees on layoff who desire to be given notice of recalled must file their name and current address with the Company. During layoff an Employee may refuse to accept any temporary position offered to them without affecting their recall rights. However, failure to accept a layoff with as much notice as reasonably possible, but no less than permanent position within fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 of notification by direct contact or she receives his or her layoff notice. To bump registered mail directed to the positiontheir filed address, 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in their file being closed and their names being removed from the employee’s terminationseniority list. In an effort with one or more years of service, who are laid off pursuant to minimize Article and are not recalled to work within eighteen (18) months, or those employees with one or more years' service who permanently lose employment as a result of closure of all or part of the disruption to the workforceCompany's operation, an employee that is bumped will not have a right to bump and will be laid off. When layoffs occur shall receive severance pay in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesaccordance with federal labour standards.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes In the case of duties layoff of employees, the work force shall be reduced within the affected job classification based on Employer seniority in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall following manner: i. Temporary employees within a job classification will be laid off prior to the regular employees. ii. Temporary employees, working in a job classification represented by this Agreement will be terminated prior to layoff of any regular status employees working in that job classification. Temporary employees working on special projects or in a job classification not represented by this Agreement are not required to be terminated prior to layoff of bargaining unit employeesmembers. In the event of layoff, so long as qualified bargaining unit members may request to bump Temporary employees working on special projects or in a job classification not represented by this Agreement, and may be granted those assignments, at the temporary work falls within Employer’s discretion. iii. In the usual and customary duties case of the bargaining unit employee. An necessity to abolish a position within a job classification which is within a job family (as listed in Appendix B) the 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 person within the job classification on the basis of Employer seniority provided s/he is qualified to perform the duties of the position. If there are no employees with less seniority in the job classification the employee at will have the same right to bump the least senior employee with less seniority in the next lowest job classification(s) within the job family provided s/he is qualified to perform the duties and responsibilities of the position. The excess employees within the job family will receive notice of layoff. iv. If all options in subsection iii above have been exhausted or lower salary range occupying if the employee is in a single class title, regular employees who receive a notification of layoff shall have the right to bump the least senior employee with less seniority in a job classification(s) where the notified employee has completed the probationary period and the notified employee is qualified to perform the duties and responsibilities of the position. If the employee is not qualified or the previously held position has been abolished they can bump the least senior employee with less seniority in a position equal in pay grade within the job family of the previously held position provided they are qualified to perform the duties of the position. If the employee is not qualified or the previously held position has been abolished and there are no job classifications equal 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 pay grade to the previously held 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 has all the qualifications presented in the job description. In the event an employee does not currently shall 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 the least senior employee with less seniority cannot be applied to the same full- time position in the department. This next lowest job classification within the job family. v. In this Section, the term ‘qualified’ means a part-time employee cannot bump a full-time employee under any circumstances(a) meeting the minimum qualifications prescribed for the position; and (b) able, within thirty (30) calendar days, to properly perform all of the duties and responsibilities of the position.

Appears in 1 contract

Sources: Labor Agreement

Layoff. 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 laid off prior to the layoff 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. 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 Local Union President, or designee, and to the employee. 16.01 Employees shall be laid off in a division each job classification in the inverse reverse of seniority and recalled in order of seniority. 16.02 Laid off employees who wish to be notified of job vacancies, other than those to which they have recall rights, may signify their bargaining unit seniority within desire in writing prior to lay-off and shall be entitled to apply for such jobs in compliance with 14.05(e). 16.03 The Employer shall give employees who are to be laid off as much advance notice as is possible and in no case shall notice or pay in lieu of notice be less than the job description affected amounts provided under the Employment Standards Act. 16.04 As a result of a layoff, no employees will have their regular work hours increased. 16.05 As a result of attrition, no employee shall have their regular work hours increased unless approved 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 employee and the Union. Within individual division. 16.06 No new employee shall be hired until all laid off employees in that job classification have been given the opportunity to return to work in compliance with 14.05 (e). 16.07 In the event of layoff, a bargaining unit employee scheduled for layoff may bump the Employer shall lay off employees within their classification starting with the least senior senior. i) accept the layoff; or ii) displace an employee at who has lesser seniority, and is of the same status (full 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 positionpart-time), the employee must have completed probation in the position they are bumping to. A bump will only be allowed if the employee originally subject to the layoff is still able to qualified for and can perform the essential functions duties without training other than orientation. Such employee so displaced shall be laid off and may bump an employee who is of the job same status (full or part-time), and has all the qualifications presented in the job description. In the event an employee does not currently have the relevant certification/licensewho is a less senior employee, if the employee originally subject to layoff is still eligible to exercise this bumping right provided the pertinent certification/license is qualified for and can be obtained within six (6) monthsperform the duties without training other than orientation. An Such employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will so displaced shall be laid off. When layoffs occur in . iii) where a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a partfull-time employee cannot bump a another full-time employee under in accordance with the above, she can displace a part-time employee who is less senior provided she is qualified for and can perform the duties without training other than orientation. Such part-time employee so displaced shall be laid off and shall be entitled to the rights as set out in (ii) above. A part-time employee who cannot bump another part-time employee shall likewise have the right to displace a less senior full-time employee provided she is qualified for and can perform the duties without training other than orientation. Such full-time employee so displaced shall be laid off and shall be entitled to the rights set out in (ii) above. The decision of the employee to choose (i), (ii), or (iii) shall be given in writing to the Manager within seven (7) calendar days following the notification of layoff. An employee failing to do so, will be deemed to have accepted the layoff. Any other employee subsequently bumped must exercise their bumping rights within three (3) days of their being bumped. iv) orientation is defined as an opportunity for the Employer to advise the bumping employee of any circumstancesparticular requirements, procedures, or aspects of the job and for bumping employees to become familiar with the job processes and requirements. It is not a training period. An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided she has the qualifications and ability to perform the work without training other than orientation. The positions shall be posted first. Applicants currently working, as well as those on layoff, will be considered in accordance with the job posting procedure in Article 15. A laid off employee shall retain the rights of recall for a period of thirty (30) months from the date of layoff. In determining the ability of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. In the event of a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the Employer of her intention to return to work within five (5) working days (exclusive of Saturdays, Sundays, and paid holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within seven (7) working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report to work. The employee is solely responsible for her proper address being on record with the Employer. Employees recalled to temporary positions as a result of being the successful applicant are entitled to refuse such an offer without losing their recall rights. Employees recalled to permanent positions as a result of being the successful applicant will be advised that the recall satisfies the requirements for recall in the Collective Agreement and that they will not be entitled to further recall. When a laid off employee bids for and is successful in obtaining a posted permanent position, she shall have no further recall rights. Employees on layoff are responsible for maintaining the necessary qualification for performing the work from which they are laid off. If the Employer lays off employees from a particular Program, the employees will be considered qualified for the purposes of recall in that Program during their entire recall period, unless prohibited by law. Persons on layoff shall be deemed to have applied for all such jobs while they retain recall rights. Notice of Layoff In the event of a proposed layoff of a permanent or long-term nature, the Employer shall provide to the affected employees, written notice of layoff, or pay in lieu thereof in accordance with the Employment Standards Act. A layoff of a long-term nature is defined as a layoff for a period of more than twelve (12) weeks.

Appears in 1 contract

Sources: Collective Agreement

Layoff. If there are changes of duties When a layoff becomes necessary, employees other than probationary and temporary will be allowed to exercise their seniority as follows: a) The least senior employee in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions a classification affected by a layoff shall be the first laid off prior off. An employee so displaced will be permitted to the layoff of displace a less senior employee in any regular status bargaining unit employees, so long as the temporary work falls other occupational classification within the usual and customary duties scope of the bargaining unit unit, provided he has the necessary qualifications to perform the work. b) The second employee so displaced will be permitted to exercise the same right as the first employee. An . c) This system will continue until the employment of the employee or employees who are finally displaced by the exercise of this subsection will be considered laid off, subject to recall as outlined below in the Recall procedure. d) In the event of a layoff, an employee in Section (a) above and the Union shall be given notice ninety (90) days advance written notice. The Union will be provided with an updated seniority list at this time. e) If an employee exercises his seniority rights to retain employment with the Employer in the event of a layoff with as much notice as reasonably possiblelayoff, but no less than fourteen (14) calendar days before then he shall receive the effective date. Notice wage rate of the classification to which he was transferred by virtue of the layoff will if the wage rate is higher. If the wage rate of the classification to which he was transferred is lower, he shall be given red-circled. 1211 Recall a) To qualify for recall, it shall be the responsibility of the employee to keep the Personnel Department of the Employer informed in writing of his current address. The Personnel Department shall maintain a recall list for a period up to a maximum of thirty-six (36) months. b) Employees shall be recalled in order of their seniority where jobs become available provided he has the necessary qualifications to perform the work following a trial or instruction period which only may be necessary if the employee takes a position other than the position he was laid off from. c) The Employer shall give notice of recall by Registered Mail to the Local Union President, or designee, employee's recorded address as in a) above and to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority within the job description affected by the layoffUnion. The City Manager shall first make every reasonable effort employee must notify the Employer of his intention to integrate those employees into another position by transfer or consider alternatives return to layoff by work within three (3) working days from receipt of 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. Registered Letter. d) An employee wishing recalled for duty must be prepared to bump must exercise his or her right report for duty 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.fourteen

Appears in 1 contract

Sources: Collective Agreement

Layoff. SECTION 1 In the event a layoff is necessary, the principle of seniority shall be applied and said application shall be office-wide by Administrative staff, Department and Senior Department Associates with the exception of employees funded by grants that exceed 50% of their salaries and benefits. In the event furlough days are required, we will open this contract for negotiations for this subject only. If there are changes because of duties a layoff, an employee is required to perform in a job classification in which they had no experience, said employee shall have a 90 calendar day trial performance period in the organizationrequired job classification. The employee will receive feedback on performance during the trial period, lack and at least midway through the trial period. Failure to satisfactorily perform the duties of his/her new classification filled as a result of a layoff will result in the layoff of said employee, with the most senior employee previously laid off being recalled to work, . Rehiring shall be in the reverse order of layoff. SECTION 2 Any part-time or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall seniority Administrative employee about to be laid off prior to shall receive two (2) weeks' notice or the equivalent in wages. Notice of layoff 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. An employee shall be given notice of in writing to the employee and 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 copy shall be given to the Local Union President▇▇▇▇▇▇▇. In cases of emergency, the length of time shall be reduced to one week. SECTION 3 A professional employee about to be laid off or designee, and terminated shall receive one (1) month notice or the equivalent in salary. Notice of layoff or termination shall be given in writing to the employee. Employees , and a copy shall be given to the ▇▇▇▇▇▇▇. SECTION 4 The Employer agrees to provide coverage under the Unemployment Insurance Agency for all employees under this article of this agreement. SECTION 5 An employee laid off in will have recall rights for a division in the inverse order period of their bargaining unit seniority within the job description affected by the layoff. The City Manager shall first make every reasonable effort time equal 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 seniority or for a period of two (52) calendar days from the date he or she receives his or her layoff notice. To bump to the positionyears, the employee must have completed probation in the position they are bumping to. A bump will only be allowed if the employee whichever is still able to perform the essential functions of the job and has all the qualifications presented in the job description. less. SECTION 6 In the event an employee does not currently have is laid off, all benefits will be discontinued at the relevant certification/license, end of the month following the month in which 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will be laid off. When layoffs occur The employee shall have the option of continuing some or all of the employee's benefits for 18 months by paying the cost of the premium, unless prohibited by law or the health insurance carrier. If an employee is recalled from layoff, benefits will be reinstated the first of the month following the month in a part-time position, part-time seniority cannot be applied to which the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesis recalled.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes When the Board determines it is necessary to reduce the bargaining unit staff, the following procedures will be followed with respect to ancillary staff members whose employment is not regulated by the Michigan Teachers’ Tenure Act: a. The Board will determine the educational program(s) to be offered, the number of duties persons to be laid off, and the specific position(s) to be reduced or eliminated. The Association shall be notified of any proposed layoffs through its President, and shall be advised in writing by the Board concerning which positions and/or teachers would be affected including transfers and reassignments. b. An ancillary staff member not subject to the Teacher Tenure Act (“Staff Member”) being laid off pursuant to the foregoing procedure shall be offered an opportunity to displace (i.e. “bump”) the least senior staff member in the organizationDistrict in a specific position (if any) for which the laid off staff member is certified and qualified. The staff member shall be advised of the specific position into which he/she may “bump”; and, lack of work, or lack of funds, if he/she elects to “bump,” the City Manager may lay off employees. All temporary and seasonal positions shall staff member being “bumped” will be laid off prior instead; provided, however, that the “bumped” staff member shall also be afforded the same “bumping” rights. A staff member who elects not to exercise his/her “bumping” rights may not, following layoff, choose to do so. c. For the layoff purposes 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. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 divisionbumping, a bargaining unit employee scheduled for layoff part-time staff member may bump the least senior employee at full or part time staff member in a specific position (if any) for which 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 tolaid off part time staff member is certified and qualified. A bump will only be allowed if the employee is still able to perform the essential functions of the job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have part-time staff member may decline a right to full time bump and will retain rights to recall when available. d. A reduction in hours shall constitute a partial layoff; a staff member whose hours are reduced may elect to accept partial employment or be laid off. When layoffs occur Rejection or acceptance of partial employment will not affect the staff member’s right to recall when available. e. Staff members being laid off shall be notified in writing not less than thirty (30) calendar days before their work is to be curtailed. f. Staff members who have not completed their period of probation with the District at the time of their layoff shall retain recall rights (unless abandoned or forfeited) with the District for a part-time position, part-time seniority canperiod not be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesexceeding two (2) years following their layoff.

Appears in 1 contract

Sources: Master Agreement

Layoff. If there are changes it becomes necessary for a layoff, the following procedure shall be utilized: Layoffs shall be by classification (current classifications are: full time Road Deputies, part-time Road Deputies, full-time Corrections employees, part time corrections employees, part-time bailiffs). When the number of duties employees in the organizationwork force is reduced, lack of workemployees shall be laid off in reverse seniority order based upon the classification in which they are employed and which is subject to the layoff, or lack of funds, and they shall be recalled in the City Manager may lay off employeessame order. All temporary and seasonal positions Part-time Road Deputies shall be laid off prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeea full-time Road Deputy. An employee Part-Time Corrections employees 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 laid-off prior to the layoff will be given to the Local Union President, or designee, and to the employeeof full-time Corrections employees. Employees shall be Non-probationary full time Road Deputies whom are laid off in and whom do not have the requisite classification seniority to bump a division in the 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 full time Road Deputy may bump the least senior full time Corrections employee at if the same Road Deputies departmental seniority is greater than the departmental seniority of the last Corrections employee hired in that classification, part time Corrections employees or lower salary range occupying part-time bailiffs. However, a position the full time Road Deputy whom bumps a Corrections employee previously held in the employee’s present department. An employee wishing to bump must exercise his or her right must, within five (5) calendar days from the date he or she receives his or her layoff notice. To bump to the positionone year, the employee must have completed probation in the position they are bumping tosuccessfully complete all education and certification requirements then required for Corrections employees. A bump will only be allowed if the employee is still able failure to perform the essential functions of the job and has 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 complete such requirements within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will one year shall result in the immediate layoff of the former Road Deputy, without bumping rights. If the Sheriff, in his statutory discretion permits, a Corrections employee who is subject to layoff and who is currently MCOLES certified may be permitted to bump a full time Road Deputy if the Corrections employee’s termination. In an effort to minimize departmental seniority is greater than the disruption to departmental seniority of the workforcelast Road Deputy hired in that classification, an employee that is bumped will not have a right to bump and will be laid off. When layoffs occur in part time Road Deputies or a part-time position, part-time seniority cannot bailiff. The compensation and benefits shall be applied to at the same full- time lower classified position based upon years of service. There shall be no bumping between classifications other than provided for in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesthis Section.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes of duties in the organization, lack of work, or lack of funds, the City Manager may lay off employees. Layoffs are at the discretion of the City. All temporary and seasonal positions shall be laid off prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeeemployees. An employee shall be given notice of a layoff with as much notice soon as reasonably possible, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union PresidentUnion, or designee, and to the employee. Employees shall be laid off in a division department in the 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 for which the employee is qualified, as determined by the City, by transfer or consider alternatives to layoff by the Union. Within individual divisiondepartments, 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 he/she receives his or her layoff notice. To bump to the position, the employee must have completed probation in the position they are he/she is bumping to. A bump will only be allowed if the employee is still able to perform the essential functions of the job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes Section 1. For employees hired to the office before November 30, 2011, "county seniority" will be used for determining seniority for provisions of duties in this article. For employees hired to the organizationoffice on or after November 30, lack 2011, “office seniority” will be used for determining seniority for provisions of workthis article. In all cases, or lack of fundsemployees hired before November 30, the City Manager 2011, shall have greater seniority than those hired after this date. Section 2. The Sheriff may lay off employeesan employee when the Sheriff determines it necessary to abolish a position or that a shortage of funds or work exists. All temporary and seasonal positions Layoff shall be laid off prior by specific job classification and shall be in ascending order (bottom to the layoff top) of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit an employee's seniority. An employee shall be given written notice of a pending layoff with as much notice as reasonably possible, but no less than fourteen at least fifteen (1415) calendar working days before the effective date. Notice of date stating the layoff will be given to reasons for the Local Union President, or designeelayoff, and the fact that an election to the employee. Employees shall displace another employee pursuant to section 3 of this article must be laid off in a division in the 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 has 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 made within six (6) monthsworking days of receipt of said notice. Section 3. An employee who bumps another employee must complete probation All layoffs shall occur in the position. Failure following manner: A. The Sheriff shall determine the specific positions to make probation within six be vacated. B. The Sheriff will notify, in writing, all affected employees and the Association at least fifteen (615) months will result in the employee’s termination. In an effort to minimize the disruption working days prior to the workforceeffective date of the layoff of all the employees in all affected classifications. Section 4. Where an employee is laid off, that employee may elect to displace an employee in another job classification at the same or lesser pay range provided that the employee electing to displace another has greater seniority and is qualified to displace an employee. The Sheriff will at the time of layoff notification make known the qualifications of any position which an employee seeks to displace another. To be qualified, an employee that must be able to pass the position’s hiring standards including those in the essential job functions and any other prior established testing standards. For certified positions, the employee must possess any required certification at the time of the layoff. A. All deputy sheriff positions assigned to enforcement shall be considered as one job classification. This includes but is bumped not limited to Deputy Sheriff Trainee Basic, Deputy Sheriff Trainee Intermediate, Deputy Sheriff Trainee Advanced, Deputy Sheriff Basic, Deputy Sheriff Intermediate, and Deputy Sheriff Advanced. B. All deputy sheriff positions assigned to institutions shall be considered as one job classification. This includes but is not limited to Deputy Sheriff Trainee Basic, Deputy Sheriff Trainee Intermediate, Deputy Sheriff Trainee Advanced, Deputy Sheriff Basic Certificate, Deputy Sheriff Intermediate Certificate, and Deputy Sheriff Advanced Certificate. C. Each other job classification within the ▇▇▇▇▇▇ County Sheriff’s Office (Facility Security Aide 1, Facility Security Aide 2, Support Services Technician, Office Specialist 1, Office Specialist 2, Office Specialist 3, Corrections Nurse, Records Specialist, Forensic Science Technician, Evidence Officer, and Detective Secretary) shall be considered as separate job classifications. Under no circumstances shall a non‐MCLEA employee be allowed to displace a MCLEA member. If there is a vacancy, an employee may voluntarily demote into the bargaining unit. Section 5. When an employee displaces another employee under the conditions set forth above, the employee taking the position will be paid the rate of pay within the pay range of the employee's new job assignment, which most nearly approaches the rate of pay actually earned in the job from which the employee was laid off. Section 6. An employee, who has been laid off or who has displaced another employee, shall be placed in order of seniority on the layoff list. The term of eligibility of a laid‐off employee shall be thirty‐six (36) months from the date of layoff. Reinstatement shall be offered to those employees on the layoff list for the job classification from which they were either laid off or from which they displaced other employees Section 7. When employees are laid off, reserves will not have a right be employed on an extended basis to bump and will be avoid recalling laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesoff employees.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes ‌ 30:01 Both parties recognize that job security should increase in proportion to length of duties service. Therefore, in the organizationevent of a layoff, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions permanent employees shall be laid off prior to the layoff 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. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division their classification in the inverse reverse order of their bargaining unit seniority within wide seniority. 30:02 If a reduction of permanent employees is necessary due to a shortage of work or for reasons beyond the job description control of the Employer, the Employer shall meet with and advise the Union of the proposed reduction and the jobs affected by prior to layoff notices being issued. 30:03 The Employer shall notify employees who are to be laid off thirty (30) days prior to the effective date of the layoff. The City Manager notice shall first make every reasonable effort 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 integrate those employees into another position the 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 transfer or consider alternatives registered mail to layoff the last known address of such employee filed by the Unionemployee. Within individual divisionIf an employee fails to reply within one (1) week of such recall notice, a bargaining unit employee scheduled for layoff may bump which shall be stated in the least senior employee at the same or lower salary range occupying a position the employee previously held in notice of recall, the employee’s present department. services are terminated. (b) An employee wishing who is recalled for work, shall be allowed a minimum of two (2) full weeks to bump must exercise his report to work or her right within five (5) calendar days from such longer period of time as may be agreed upon by the date he or she receives his or her layoff notice. To bump to Employer and the positionemployee. 30:06 No new employee shall be hired until those laid off have been given an opportunity of recall. 30:07 By written agreement, the employee must have completed probation may elect to terminate and receive Retirement/Termination Allowance, as provided in Article 49 at the position they are bumping totime of layoff and thus waive his/her right to be placed on the reemployment list. A bump In any case, the employee shall automatically be terminated after twelve (12) months of continuous layoff at which time the employee will only be allowed if paid any Termination Allowance to which the employee is still able to perform the essential functions entitled. 30:08 When a dispute arises concerning an employee’s layoff, he/she may grieve commencing at Step 2 of the job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will be laid off. When layoffs occur in a Grievance Procedure. 30:09 For part-time positionemployees, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a accumulated service is used for purposes of layoff, separate from full-time employee under any circumstancestime.

Appears in 1 contract

Sources: Collective Agreement

Layoff. If there are changes of duties in the organization, lack of work, or lack of fundsA. When an employee is to be laid off, the City Manager University shall implement such layoff in accordance with the provisions set forth below. When circumstances permit, the University shall notify the local AFSCME President at least thirty (30) days in advance of a layoff. B. Employees may lay off employees. All temporary and seasonal positions shall be laid off prior 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 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. D. The University shall direct laid off employees to Human Resourcesfor employmentcounseling. E. Employees are to be informed of any regular status bargaining unit employeeslayoff as soon as practical. Where circumstances permit, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeeall employees are to be provided with at least thirty (30) calendar days’ notice. An However, an employee who has completed his/her position orientation year shall be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before days’ notice of layoff or in lieu of thereof, two weeks’ pay at the effective dateemployee’s current regular hourly rate, or a combination of notice and pay. Notice A notice of the layoff will shall be given sent to the Local Union Presidentemployee by certified mail, return receipt requested, or designee, and delivered in person to the employee. Employees The notice to the employee of layoff shall be laid off 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 division notice of layoff may continue to participate in that program for a maximum of ninety (90) days following the inverse order of their bargaining unit seniority within the job description affected layoff, or as otherwise agreed to 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancestheUniversity.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes The Association acknowledges that the Company has the right to determine positions for In the event of duties layoff, the Company agrees to meet with the Association to discuss said layoffs and to provide notice, fourteen calendar days in advance of affected employees being so notified. Such notice shall include the organizationdate of layoff, lack number, headquarters, position title and salary classification of workaffected employees. The Association agrees not to disclose the layoff or any details pertaining to the notice provided until affected employees have received individual notice from the Company. any vacant position covered by the Agreement. Recall may be done by telephone, or lack of fundsif not contacted by telephone, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff 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. 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 Local Union President, or designee, and by registered letter to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority ’s last recorded address, at any time 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 forty-five (5) calendar days from the date he of layoff. It is the responsibility of laid off employees to keep the Company informed, in writing, of their current address and telephone number. The employee shall advise the Company within five calendar days of the date of recall as to their decision. Once recall has been accepted, the employee shall report for duty within fourteen calendar days from the date of recall, unless otherwise agreed to. of two two An employee will be permanently laid off and deemed terminated where: equivalent combination of notice and pay in lieu of notice two weeks, In the case of multi-incumbent positions, where there are no differences between incumbents on the basis of skill, ability, performance, qualifications, and headquarters, the junior incumbent, according to Net Credited Service date shall be laid off first. employees shall not have the right to bump or she receives his or her layoff noticeotherwise move, into any other position under the provisions of this Article. To bump Laid off employees shall have the right to be recalled for up to forty-five calendar days, in order of to the position, salary the employee must have completed probation in the position they are bumping to. A bump will only be allowed if has rejected a recall, or, the employee is still able has failed to perform notify the essential functions Company of his/her decision within five calendar days of being recalled, or the employee has accepted but did not report for duty within fourteen calendar days of recall or as otherwise agreed above, or, pursuant to the employee elects to take severance pay prior to the expiration of the job and has all the qualifications presented in the job description. In the event an employee does not currently have the relevant certification/licenseforty-five calendar day recall period, or, the employee is still eligible not recalled within forty-five calendar days from the date of layoff. classification and headquarters, from which they were laid off, providing Regular Time work becomes available during this time. The right of recall for laid off employees shall expire at the end of forty-five calendar days from the date of Layoff, at which time the laid off employee shall be deemed to exercise this bumping right provided the pertinent certification/license is be permanently laid off, and can be obtained within six (6) monthstherefore terminated. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforceDuring recall, an employee that is bumped will not have may make application in accordance with Article 7 to A permanently laid off and therefore terminated employee shall receive severance pay as follows: One week per completed Net Credited year of Service for the first five years of employment, and two weeks per completed Net Credited year of Service thereafter to a right combined total of thirty-five weeks maximum. Through written agreement between the Company and Employee, a laid off employee may elect to bump forfeit their forty-five calendar day recall period to receive their severance pay upon their date of layoff. In this event, the employee would be permanently laid off and will be laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesterminated.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there 1. The Employer shall notify and consult the Union at least four weeks in advance of any layoff. Layoffs shall be by inverse order of seniority within job classification. Job classifications are changes defined as the job titles listed in Appendix A. Any employee notified of duties layoff who has greater seniority than employees in other classifications may, at the option of the employee being laid off, claim a position in another classification if, in the organizationopinion of the Employer, lack he/she has the job-related qualifications to perform the job. Disputes on this point are subject to the grievance/arbitration procedure. The result of work, or lack of funds, this layoff procedure should be that the City Manager may lay off employeesmost senior employees who have the job-related qualifications to perform the remaining jobs are retained. 2. All temporary and seasonal positions Any employee dismissed in a layoff shall be given eight weeks' advance notice and severance pay at the rate of two weeks' pay per year of employment. 3. Employees on layoff will be covered for full health and welfare benefits for a period of three months from the date of layoff. If employment is not gained in the first three months, this period of coverage will be extended for an additional three months. 4. Each employee laid off prior to reduce the layoff of any regular status bargaining unit employees, so long as force shall be placed upon a rehire list and shall remain on the temporary work falls within the usual and customary duties of the bargaining unit employeelist for two years. An Said laid-off employee shall be given notice notified by the Employer 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 Local Union President, or designee, openings covered by this Agreement and to the employee. Employees shall be laid able to apply for vacant positions in accordance with Article IV. Time spent on a rehire list by a laid-off employee shall not constitute a break in a division continuity of service and seniority, nor shall time on such list be counted as service time. No pension credits shall be earned during layoff periods. 5. The Employer agrees to discuss with the Guild, at least forty-five (45) days in the inverse order of their bargaining unit seniority advance, any proposal to abolish, create or reclassify jobs that fall within the job description affected bargaining unit. The Employer agrees to discuss with the Guild the status of any position left unfilled for more than three (3) months, including the disposition of work normally carried out 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 person 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 that 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes The parties agree that the effect of duties in the organizationa layoff is negotiable, lack of work, or lack of fundstherefore, the City Manager may lay off employees. All temporary following language is intended to both clarify and seasonal positions establish procedures for any impending layoffs realized by members of the Bargaining Unit and any subsequent recall. A. Trial Service Employees B. Full time regular employees In the event of a layoff for any reason, employees shall be laid off prior to the layoff 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. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority within their job classification within their Departmental Division. . 1. Employees being laid off shall be given written notice of such layoff thirty (30) days prior to the job description affected by layoff if possible. In no event shall written notice of layoff be less than ten (10) working days. Said notice of layoff shall identify what options, if any, an employee shall have in lieu of layoff. 2. Options in lieu of layoff: For the layoffpurpose of this section, the use of the term “may” only relates to whether or not the facts exist which establish the layoff option. The If the option exists, it is mandatory that the City Manager shall first make every reasonable effort identify it in the notice of layoff under Section 4 above. A. SAME JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be given the option 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 supplant any less senior employee at within their Departmental Division who occupies the same or job classification as the laid off employee. If this option exists, none of the other options listed below shall be offered. B. LOWER JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be granted, as an option in lieu of layoff, the opportunity to take a demotion to a lower salary range occupying a position the employee previously held job classification, 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 which he or she receives his has previously held status within their Departmental Division, if he or her layoff notice. To bump to she has 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 ability and current qualifications to perform the essential functions work of the job and has all the qualifications presented in the job descriptionthat position. In the event an The employee does not currently being displaced shall then have the relevant certification/licensesame opportunities as any other employee subject to layoff, or C. VACANT POSITION WITHIN THE BARGAINING UNIT: Employees may be granted the employee is still eligible opportunity to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation placed in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will be laid off. When layoffs occur any other Department in a part-vacant position for which he or she has the ability and qualifications to perform the work. “Vacant position” shall mean a posted vacant position for which the Department is actively attempting to fill at the time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesof layoff.

Appears in 1 contract

Sources: Working Agreement

Layoff. If there are changes The Company recognizes the desirability in general, of duties retaining employees with longer continuity of service, and the Union recognizes that the Company must maintain an effective force. The Company shall provide written notice of layoff of one (1) month to the Union and to each employee so affected, unless the circumstancesresulting in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls are not within the usual and customary duties control of the bargaining unit employeeCompany. Cases of contemplated layoff will be discussed by representatives of the Company with representatives of the Union to explore ways of assisting affected employees in obtaining suitable employment or outside the Company. Layoffs will be in reverse order of seniority in the classification provided that the senior employees have the qualifications, experience, and ability to perform the remaining work following a reasonable familiarizationperiod, not to exceed four (4)weeks. An employee shall be given notice who is designated for layoff in accordance with this Article will have the alternative 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 Local Union President, or designee, and to the employee. Employees shall be being laid off or displacing an employee with less seniority, in a division in the 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 an alternate classificationin the same or lower salary range occupying a position range, provided the employee previously held in designated for layoff has 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 positionqualifications, 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 experience and ability to perform the essential functions of the job and has all the qualifications presented in the job descriptionrequired work following a reasonable familiarization period, not to exceed four (4)weeks. In the event an of possible layoff the Company will cease to hire new staff in the classification affected and no employee does not currently have with seniority will be laid off while a probationary employee, in the relevant certification/licensearea affected, the employee is still eligible to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) monthsretained. An employee on the seniority list who bumps another employee must complete probation in is laid off and does not otherwise voluntarily resign, shall be retained on the position. Failure recall list for a period equal to make probation within six (6) months will result in the employee’s terminationlength of service but not more than twelve (12) months unless recalled within that period to work at the same classification level which the layoff took place. In an effort to minimize the disruption The Company will maintain a recall list, a copy of which will be provided monthly to the workforceUnion. Recalls shall be made from the recall list in reverse order of layoff provided that the eligible person has the qualifications, an experience and ability to perform the work. No new employee that is bumped shall be hired in the classification affected until those on the recall list have been given the opportunity of recall. Upon request, employees on the recall list will not have a right to bump be sent copies of the Vancouver job and will be laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied entitled to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesapply to positions for which they are qualified.

Appears in 1 contract

Sources: Collective Agreement

Layoff. If Section 1. An appointing authority may lay off a bargaining unit member whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position or because of changes in organization; however, no regular employee shall be laid off while there are changes of duties temporary, provisional or probationary employees serving in the organizationsame class of position for which the regular employee is eligible and available. Section 2. Whenever the layoff of one or more employees shall become necessary the appointing authority shall notify the Director of Human Resources, lack at least ten days in advance, of workthe intended actions and the reasons therefore. The Director of Human Resources shall thereupon furnish to the appointing authority the names of the employees to be laid off in the order in which such layoff shall be effected. The Director of Human Resources shall make every effort to notice the Union in advance of classes within the bargaining unit that will be involved in the layoff. Section 3. Such layoff shall be made within classifications of positions and departments when probationary and regular employees are involved. Temporary and provisional employees, irrespective of department, shall be laid off, in that order, prior to layoff of probationary or lack regular employees. Section 4. The order of fundslayoff shall be in reverse order of total continuous City service upon the date established for the layoff to become effective. In the event of a tie in total continuous City service, the employees’ most recent performance evaluation rating shall control. Section 5. In lieu of the foregoing provisions governing layoffs, whenever a layoff occurs as a result of abolition of a position occupied by a regular employee, the City Manager may lay off employeesmay, in his/her discretion, offer to the affected employee one (1) of the following options: (a) Allow the employee to retire early without penalty, if the employee is otherwise eligible for early retirement and such employee is within four (4) years of normal retirement (55 years of age). All temporary and seasonal positions This option shall be laid off prior governed by the provisions of the applicable Pension Ordinance; or (b) Allow the employee to transfer to another position. If the compensation to be paid to the employee at the transferred position is lower than that paid to the employee when his original position was abolished, compensation will continue to be paid at the rate existing and paid to the employee for the eliminated position when the layoff occurred, according to the following schedule: Years 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. An employee shall be given notice of a layoff with as much notice as reasonably possible, but no less than Total Compensation Continuous Service Constant Eight (8) years Two (2) years Over fourteen (14) years Three (3) years Over twenty (20) years Four (4) years; or (c) The employee may be given severance pay as provided in the Pay Ordinance, Section 20- 79. Section 6. Any interruption of employment not in excess of fifteen calendar days before the effective date. Notice because of the layoff will be given to the Local Union Presidentadverse weather conditions, shortage of materials or equipment, or designee, and to the employee. Employees for other unexpected or unusual reasons shall not be laid off in considered a division in the 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 has 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. Section 7. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption has been laid off may submit a written request to the workforce, an Director of Human Resources to have their name placed on a reemployment list for their class. The reemployment list will remain valid for one (1) year following the date of layoff. The reinstated employee that is bumped will not have shall be treated as a right to bump new entrant. Section 8. The City shall be prohibited from changing the job descriptions of any position within the bargaining unit within the 60 days before and will be laid off. When layoffs occur in the 60 days after a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstanceslayoff.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there 1. Layoff shall be defined as a reduction in work force beyond normal attrition. 2. The employer will determine what programs are changes of duties in to be eliminated or reduced. 3. Probationary employees, within the organizationaffected classifications, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall 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 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 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 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 of any regular status bargaining unit 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, so long as the temporary work falls within district will discuss the usual and customary duties of tentative layoff plans with the bargaining unit employeeUnion President. 11. An employee shall be given notice of Employees will receive a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before day notice of layoff. 12. Employees being laid off shall receive fringe benefits through the effective date. Notice end of the layoff will be given to the Local Union Presidentmonth in which they are laid off, or designeethirty (30) calendar days, and to the employeewhichever is greater. Employees shall be laid off in may continue insurance benefits on a division in the inverse order of their bargaining unit seniority within the job description affected by the self-pay basis during 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesas per COBRA.

Appears in 1 contract

Sources: Master Agreement

Layoff. ‌ 27.1 If there are changes of duties the CITY determines the need for a reduction in the organizationwork force, lack notice of work, not less than four (4) weeks shall be provided to employees to be laid off. Layoffs within each job classification shall be in reverse order of seniority. Seniority shall be defined as continuous city service while a member of the bargaining unit. 27.2 An Employee who is laid off may “bump” another employee in the same classification or lack of funds, classification Career Ladder (as listed in Appendix B) with an equal or less salary if the displaced employee has greater City seniority and is qualified as determined by the CITY. Only OS1s and OS2s can bump across departmental lines within the OS classification Career Ladder. An employee who is laid off may “bump” into a previously held position within the CITY if the employee is fully qualified for the position and would require only job orientation. The City Manager may lay off employeesmake an exception to the order of layoff when the retention of employees with needed skills or performance abilities is necessary for the efficient operation of the department. All temporary and seasonal positions Such actions shall be taken only for articulated, job-related reasons and substantiated by written documentation. In no event may a non-bargaining unit employee bump a bargaining unit employee or bump and cause the downgrade of a bargaining unit employee without the mutual agreement of the UNION. 27.3 Employees laid off prior shall be placed on a layoff list and shall be recalled to the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeeopenings for which they are qualified. An employee shall have recall rights if the same position from which they were laid off becomes vacant. An employee's layoff status shall be given notice terminated if they have not been recalled within thirty-six (36) months of their layoff date. 27.4 Employees on a layoff/recall list are obligated to keep the CITY informed of their current mailing address and telephone number. Notification of recall shall be by certified letter. Failure by an employee to timely reply to recall, the maximum being ten (10) working days from the receipt of the certified letter, shall be considered as immediate voluntary termination. 27.5 No new employees shall be hired into classifications from which employees are in layoff with as much notice as reasonably possibleuntil the recall list is exhausted. 27.6 An employee recalled shall have their previously accrued seniority and accrual rates reinstated, but no less than fourteen (14) calendar days before the effective date. Notice shall not accrue any seniority or benefits while on layoff. 27.7 When an employee is placed on layoff status they shall be eligible to make self payment of the layoff will be given to the Local Union Presidentpremiums for continuous coverage of medical, or designeehospitalization, dental, optical, and to group term life insurance. Premium coverage shall include the employee and, at the employee’s request, their dependents. Employees shall be laid off in a division in make insurance premium payments to the inverse order CITY as provided for under Administrative Policies of their bargaining unit seniority within the job description affected by the layoffCITY. The City Manager CITY 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 be held harmless 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 has 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 insurer refuses to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure extend coverage to make probation within six (6) months will result in the a laid off employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes of duties the Employer decides to layoff employees in a department for any reason, employees with the least seniority in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions department shall be laid off prior first providing the remaining employees can qualify to perform the work. In the event the Employer decides to layoff of any regular status bargaining unit employees, so long as the temporary work falls Employer shall give written notice thereof to such employees at least two (2) weeks in advance of such layoff. Employees given notice of layoff shall choose any one of the three options provided for in paragraphs a), b) and c) below: a) The employee may take layoff, and thereby will become eligible for recall under the provisions of Section 7 of this Article. b) If a job vacancy exists in a position within the usual and customary duties of the bargaining unit and if the employee has the qualifications for entry into such a job vacancy, he/she may transfer to such position and will be afforded a thirty (30) day trial period to prove his/her ability to perform the work under normal supervision and instruction; or c) The employee shall have the option to utilize unit-wide seniority to bump to another position within the bargaining unit providing he/she has the desired qualifications to assume the position. Upon such transfer, the employee will be afforded a thirty (30) day trial period to prove his/her ability to perform the work under normal supervision and instruction. *See Addendum D for replacement In recalling personnel from layoff, the following procedure shall be followed: a) Employees shall be recalled according to their unit-wide seniority. b) The Employer will attempt to notify each person to be recalled to report for work by certified U.S. Mail (return receipt requested). Such letter shall be directed to the last known address of such person, and a copy thereof shall be furnished to the Union. By so doing, the Employer shall have discharged its obligation under this Section. Employees who are laid off must keep the Employer and the Union supplied with their correct up-to-date mailing address or risk forfeiture of their seniority and recall rights. c) Persons so notified to report for work shall report for work within ten (10) days after the date the certified letter was mailed or shall be terminated and lose all seniority rights under this Agreement. d) Employees shall be recalled only to their last-held position within the department from which they were laid off, unless they have the desired qualifications for another position within the bargaining unit. If an employee is recalled to such a new position, they will be afforded a thirty (30) day trial period to prove his/her ability to perform the work under normal supervision and instruction. e) No new employees shall be hired for any position within the bargaining unit in a department in which there are employees on layoff, unless none of the employees on layoff qualify for a position vacancy within the department. f) Employees shall lose all recall and seniority rights after being on layoff for a period of two (2) years without being recalled or without being recalled to a position in which they successfully completed the trial period. *See Addendum D for replacement Discipline shall include the following: written warning, suspension, and discharge. An orderly system of discipline will usually begin with a written warning from a supervisor to the employee; however, disciplinary action may begin at any of the preceding steps for willful misconduct or negligence, depending on the severity of the offense. The employee and the supervisor shall acknowledge the issuance of such discipline with their signatures, recognizing, however, that the employee’s signature does not in any way constitute an admission of guilt to any wrongdoings which may be alleged in said discipline. Discipline shall be made in private. If a written warning does not achieve the desired results, a suspension of from one (1) to not more than six (6) work days without pay may be levied against the employee for a second violation. If the suspension does not achieve the desired results, a second suspension of ten (10) work days without pay may be levied against the employee. An The employee and his/her ▇▇▇▇▇▇▇ will be notified in writing that the employee has been suspended and is subject to discharge. Outright discharge for repeated violations or a single major violation may be levied. The employee shall have the right to appeal all written warnings, suspensions, or discharge through the grievance procedure. No employee shall be given notice discharged without just cause. Any employee found by the grievance procedure to have wrongfully been suspended or discharged shall be reinstated without loss of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before pay for the effective date. Notice term of the layoff will be given to suspension or the Local Union President, or designee, and to duration of the employeedischarge. Employees No employee shall be laid off in made to suffer loss of seniority or fringe benefits for a division in wrongful suspension or discharge if so ascertained. However, no employee shall be eligible to have his or her grievance relating to a suspension or discharge processed through Step IV (arbitration) of the 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 grievance procedure if he 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 she exercises his or her right to appeal the suspension or discharge to the Civil Service Commission (Chapter 400 of the 1995 Code of Iowa). Any employee appealing suspension or written warning shall do so in writing within five (5) calendar work days from the date he beginning hour of such written warning or she receives his or her layoff noticesuspension. To bump to Any employee appealing discharge shall do so in writing within five (5) work days from 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 notice of the job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesdischarge. Section 1 Definition

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes of duties Hospital management will notify the Association at least twenty one (21) days prior to initiating a layoff. Nurses in the organizationunit where the layoff occurs will be given the opportunity to be voluntarily laid off. If it is determined that the voluntary procedure is not satisfactory, lack of work, or lack of funds, the City Manager may lay off employeesthen: 1. All temporary and seasonal positions shall Nurses will be laid off prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls and/or have their FTE and shift adjusted by Hospital management within the usual and customary duties of the bargaining unit employee. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the inverse reverse order of their bargaining unit seniority within provided that the job description affected by remaining nurses currently possess the layoffnecessary competencies and skills to perform the work to be done. 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 Should removing the least senior employee at the same or lower salary range occupying a position the employee previously held nurse result in inadequate competency and skills in the employee’s present department. An employee wishing to bump must exercise his or her right within five (5) calendar days from unit, then that nurse shall remain and 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will next least senior nurse shall be laid off. When layoffs occur in a part-time position, part-time seniority cannot Nurses shall be applied to the same full- time position recalled from layoff in the order of seniority provided that they have the necessary skills and competency to perform the work to be done. 2. No bargaining unit positions will be awarded to non-bargaining unit applicants until the conclusion of the layoff/reorganization is completed. 3. All Nurses who meet qualifications shall be considered for available positions within their current unit. Only nurses in good standing will be considered for advancement. 4. Employees will be paid severance in accordance with the current Hospital Severance policy. Nurse will waive recall rights by accepting severance. 5. The Hospital will provide the Association a list of the employees to be laid off, a seniority roster and a list of vacant positions within the bargaining unit. List will include department, unit, FTE and shift. This means The Association/Nurses will have ten (10) days to review and contest seniority dates. 6. Nurses shall be recalled from layoff in the order of seniority provided that they have the necessary skills and competency to perform the work. If a partlaid off nurse is recalled to a shift different from the nurse's assigned shift at the time of the layoff, the nurse may refuse such recall. The nurse may not refuse more than on two occasions or recall rights will be forfeited. 7. The Hospital will notify the employee by certified mail and e-time mail on file with Human Resources of a position to which the employee cannot bump a full-time employee under any circumstancesmay be recalled. 8. Recall from layoff shall be in the reverse order of layoff or hours reduction among the nurses from the unit and shift where the recall will occur.

Appears in 1 contract

Sources: Professional Agreement

Layoff. If there are changes of duties in ‌ 25:01 When the organizationEmployer, lack of workafter exhausting all other employment options, or lack of fundslays off an employee, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff 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. An employee shall be 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 ascending from there. 25:05 All employees shall be recalled in order of seniority. In cases where an employee in one classification has the qualifications and ability to perform the work of a layoff with as much notice as reasonably possiblelower paying classification, but the Employer will offer a vacancy in the lower paying classification to said employee if no less than fourteen (14) calendar days before senior employees from the effective date. Notice of lower paying classification are on the layoff will be given to the Local Union President, or designee, and to the employee. re-employment list. 25:06 Employees shall be laid off recalled by registered letter. If they do not accept the offer in a division writing, they shall be deemed to have declined the recall as of the 10th working day after the mailing of the recall. 25:07 The notice referred to in 25:01 above shall state the inverse order reasons for the layoff and the expected duration 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 . 25:08 While 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 positionare laid off, the employee must Employer agrees not to hire any new employees or persons into positions until all those on the re-employment list have completed probation in been given first opportunity to do the position work providing they are bumping to. A bump will only be allowed if have the employee is still able qualifications and ability to perform the essential functions of the job and has all the qualifications presented in the job descriptionwork. In the event A decline by an employee does not currently have the relevant certification/licenseshall in no manner whatsoever affect her rights under this Agreement, the unless she refuses work in her previous classification, category of 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesstatus.

Appears in 1 contract

Sources: Collective Agreement

Layoff. Section 1. If there are changes it is necessary to reduce the number of duties employees in the organization, unit due to lack of work, work or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions probationary employees shall be laid off prior 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 layoff employees and the ▇▇▇▇▇▇▇ of any regular status bargaining unit employees, so long as proposed layoff. Such notice shall state the temporary work falls within the usual reasons therefore and customary duties of the bargaining unit employee. An employee shall be given notice of a layoff with as much notice as reasonably possible, but no less than submitted at least fourteen (14) calendar days before the effective datedate thereof. Notice Employees who are laid off shall be compensated at his base rate of the layoff will be given to the Local Union President, or designee, pay for all accumulated unused vacation and to the employeeaccumulated sick leave at time of layoff. Section 2. Employees shall be laid off recalled in a division in the inverse order accordance with their classification seniority. Notice of their bargaining unit seniority within the job description affected recall may be by the layoff. The City Manager shall first make every reasonable effort telephone call, confirmed by certified mail 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's last known address. 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 has all the qualifications presented in the job description~RTICLE 13 - VACANCY AND/OR NEW POSITION Section 1. In the event an employee does of a vacancy or a newly created position (work covered by the 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 be posted in a conspicuous place in the Public Safety Department at least ten (10) days prior to filling such vacancy or newly created position. Employees shall apply, in writing, for the posted position within seven (7) calendar days following such posting. Employees not currently have present during the relevant certification/license, the employee is still eligible to exercise this bumping right provided the pertinent certification/license is and can posting period shall be obtained within six (6) months. An employee who bumps another employee must complete probation in notified of the position. Failure Only those that are, in the opinion of the Employer, qualified for the vacancies or new positions shall be selected therefore. Positions above the classification of Lieutenant shall be filled from employees in the bargaining unit. Section 2. Temporary assignments to make probation within a higher classification for the purpose of filling vacancies of employees who are absent will be granted to the senior qualified employee for such job. A qualified employee, when assigned to work in a higher classification shall receive the higher rate of pay for those hours so worked in the 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. Section 3. In the event a vacancy occurs and work to which the vacancy relates exists, such vacancy shall be filled by the Employer 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 will result immediately following his/her assignment to this bargaining unit. During such probationary period, the employer may return the employee to his/her former position and rank for just cause or the promoted employee may by his/her own volition, request in the employee’s termination. In an effort writing to minimize the disruption be returned to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstanceshis former rank.

Appears in 1 contract

Sources: Labor Agreement

Layoff. If there are changes of duties A. An employee may be laid off by the Employer in the organization, 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, or lack except those clerical employees remaining on the job as of fundsOctober 1, 2012 shall not be subject to layoff during the City Manager may lay off employees. All temporary and seasonal positions term of this contract. B. No regular employee shall be laid off prior to while there are limited term, part-time, probationary or provisional employees serving positions in the layoff of same 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 status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. 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 Local Union President, or designee, and to the employee. Employees individual employees shall be laid off in a division in the inverse order of their seniority, as already defined. D. When the need arises for laying off of an employee serving a promotional probationary period, such employee shall be returned to a position in the classification from which he was promoted and layoff shall be made from said classification in the 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 lower compensation level, provided: (1) The bumping employee has more City-wide seniority than the bumped employee; (2) the bumping employee is capable of performing the bumped employee's job with a minimum of 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 contrary herein, contained in this collective bargaining unit agreement, seniority within as utilized in the job description affected parties' collective bargaining agreement, including but not limited to, determining layoffs and bumping rights, shall be determined 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, actual time that a bargaining unit employee scheduled for layoff may bump member is employed by 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 City as an active member of the job and has all bargaining unit. Any portion of an employee's career of employment with 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee City 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 canserved outside of the bargaining unit shall not be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancescounted towards that employee's seniority.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes (a) A layoff shall be defined as a cessation of duties employment or the elimination of a job resulting from a reduction of the amount of work required to be done by the Employer. A reduction in the organization, lack 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 one-half hours or more every two weeks for a period in excess of eight weeks. (b) If the Employer intends to reduce an employee's scheduled hours of work, or lack a minimum of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff 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. An employee shall be given two weeks' written 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 Local Union President, or designee, and to the employee. Employees 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 layoff, employees shall be laid off by job classification in a division in the inverse reverse 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 classification. (d) A laid off employee scheduled for layoff may bump the least most junior employee in any classification, provided the laid off employee has more seniority and is qualified and has the ability to do the job of the less senior employee. However, in no circumstances will an employee affect a promotion through a bump. (e) A laid off employee who bumps the most junior employee shall be paid at the same or lower salary range occupying a position hourly rate of 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 classification they are bumping to. A bump into, at the rate corresponding with their previous placement on the grid. (f) Employees who are laid off will only be allowed if the employee is still able to perform the essential functions of the job and has all the qualifications presented in the job description. In the event an employee does not currently have the relevant certification/license, option of having their name included on both the employee is still eligible casual call-in list for their department and the recall list. Such laid-off employees shall notify the department manager in writing of their desire to exercise this bumping right provided be placed on the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation casual call-in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstanceslist.

Appears in 1 contract

Sources: Collective Agreement

Layoff. If there are changes ‌ Section 1. For employees hired to the office before November 30, 2011, "county seniority" will be used for determining seniority for provisions of duties in this article. For employees hired to the organizationoffice on or after November 30, lack 2011, “office seniority” will be used for determining seniority for provisions of workthis article. In all cases, or lack employees hired before November 30, 2011, shall have greater seniority than those hired after this date. As of fundsFebruary 13, 2015, a layoff list was established by agreement of the City Manager parties. This list is subject to modification as required by this section. Seniority of employees hired on the same date after the effective date of this contract will be determined by lot, provided that employees with prior certification will have greater seniority than employees without certification hired on the same date. Section 2. The Sheriff may lay off employeesan employee when the Sheriff determines it necessary to abolish a position or that a shortage of funds or work exists. All temporary and seasonal positions Layoff shall be laid off prior by specific job classification and shall be in ascending order (bottom to the layoff top) of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit an employee's seniority. An employee shall be given written notice of a pending layoff with as much notice as reasonably possible, but no less than fourteen at least fifteen (1415) calendar working days before the effective date. Notice of date stating the layoff will be given to reasons for the Local Union President, or designeelayoff, and the fact that an election to the employee. Employees shall displace another employee pursuant to section 3 of this article must be laid off in a division in the 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 has 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 made within six (6) monthsworking days of receipt of said notice. Section 3. All layoffs shall occur in the following manner: A. The Sheriff shall determine the specific positions to be vacated. B. The Sheriff will notify, in writing, all affected employees and the Association at least fifteen (15) working days prior to the effective date of the layoff of all the employees in all affected classifications. Section 4. Where an employee is laid off, that employee may elect to displace an employee in another job classification at the same or lesser pay range provided that the employee electing to displace another has greater seniority and is qualified to displace an employee. The Sheriff will at the time of layoff notification make known the qualifications of any position which an employee seeks to displace another. To be qualified, an employee must be able to pass the position’s hiring standards including those in the essential job functions and any other prior established testing standards. For certified positions, the employee must possess any required certification at the time of the layoff. An employee who bumps must notify the Sheriff of his/her decision to displace another employee must complete probation in the position. Failure to make probation within six (6) months will result working days of receipt of said layoff notice. The employee displaced by this process must be the employee with the lowest seniority. An employee subject to layoff displacement may, in turn, invoke the employeedisplacement process described above, if such an opportunity exists. For the purpose of this article, A. All deputy sheriff positions assigned to enforcement shall be considered as one job classification. This includes but is not limited to Deputy Sheriff Trainee Basic, Deputy Sheriff Trainee Intermediate, Deputy Sheriff Trainee Advanced, Deputy Sheriff Basic, Deputy Sheriff Intermediate, and Deputy Sheriff Advanced. B. All deputy sheriff positions assigned to institutions shall be considered as one job classification. This includes but is not limited to Deputy Sheriff Trainee Basic, Deputy Sheriff Trainee Intermediate, Deputy Sheriff Trainee Advanced, Deputy Sheriff Basic Certificate, Deputy Sheriff Intermediate Certificate, and Deputy Sheriff Advanced Certificate. C. Each other job classification within the ▇▇▇▇▇▇ County Sheriff’s terminationOffice (Facility Security Aide 1, Facility Security Aide 2, Support Services Technician, Office Specialist 1, Office Specialist 2, Office Specialist 3, Corrections Nurse, Records Specialist, Forensic Science Technician, Evidence Officer, and Detective Secretary) shall be considered as separate job classifications. In an effort Under no circumstances shall a non-MCLEA employee be allowed to minimize the disruption to the workforcedisplace a MCLEA member. If there is a vacancy, an employee that may voluntarily demote into the bargaining unit. Section 5. When an employee displaces another employee under the conditions set forth above, the employee taking the position will be paid the rate of pay within the pay range of the employee's new job assignment, which most nearly approaches the rate of pay actually earned in the job from which the employee was laid off. Section 6. An employee, who has been laid off or who has displaced another employee, shall be placed in order of seniority on the layoff list. The term of eligibility of a laid-off employee shall be thirty-six (36) months from the date of layoff. Reinstatement shall be offered to those employees on the layoff list for the job classification from which they were either laid off or from which they displaced other employees in descending order from top to bottom of seniority possessed at the time of layoff. No new employees shall be hired until all employees, who have been laid off, are given a chance to accept recall to the County. Failure to accept recall within fourteen (14) days shall cause the loss of recall eligibility. Any person, who is bumped subject to section 6, shall promptly notify ▇▇▇▇▇▇ County Human Resources of any change in his/her current address. Any recall notices sent by the county to the person pursuant to this article, shall be in writing and addressed to the last address. If the person does not receive the written mailed notice or does not respond within fourteen (14) days of this mailing, then the person waives all rights to recall under Article 28. Section 7. When employees are laid off, reserves will not have a right be employed on an extended basis to bump and will be avoid recalling laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesoff employees.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. Section 1. If there are changes of duties in the organization, lack of work, or lack of funds, the City Manager may Town finds it necessary to lay off employees, the procedure set forth in this Article will apply. Section 2. All temporary and seasonal positions The Union shall be laid off prior to the layoff notified whenever possible two (2) weeks in advance of any regular status bargaining unit employeeslay off and, so long insofar as the temporary work falls within the usual and customary duties practicable, of the bargaining unit employee. An employee shall be given notice of a layoff with as much notice as reasonably possiblenumber, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or designeenames, and occupational classifications of those employees who are to the employeebe laid off. Section 3. Employees If a lay off is necessary, employees shall be laid off in a division in the inverse order of their bargaining unit seniority within the job description affected by department as a whole regardless of rank. Seniority shall be defined as the length of an employee's continuous service in his permanent classification as a police officer within the Police Department of the Town of ▇▇▇▇▇▇▇. Section 4. The Town will give each employee who is laid off either two (2) weeks' advance notice or, in lieu of such notice, two (2) weeks' pay. Section 5. in addition to a termination allowance as provided above, an employee who is laid off will receive a payment in lieu of any vacation which he may have earned but not used at the time of the layoff. If an employee who has been laid off and who has received payment in lieu of a vacation is rehired in the same calendar year, he shall not be entitled to a vacation with pay in that calendar year. Section 6. If an employee who is laid off and has received a termination allowance is rehired and if the number of weeks upon which the termination allowance was computed is greater than the number of weeks since the date of the layoff, the amount of the allowance applicable to the excess number of weeks shall be regarded as an advance to the employee, and the employee shall repay such amount to the Town through weekly payroll deductions at the rate of at least 10% of his basic weekly wage. Section 7. In rehiring in any job classification the Town will offer re-employment to those former employees who have been laid off in that job classification in the reverse order in which said Section 8. The City Manager offer of re-employment shall first make every reasonable effort be sufficient if made by registered letter addressed to integrate those employees into another position by transfer or consider alternatives to layoff the laid-off employee at his last-known address as shown by the Unionrecords of the Town. Within individual divisionAny such laid-off employee must respond and be available for re-employment within two (2) weeks after the date of the offer; otherwise, a bargaining unit the laid-off employee scheduled for layoff may bump shall be deemed to have refused re-employment and the least senior employee at the same or lower salary range occupying a position the employee previously held in the employee’s present departmentTown's obligation under this Article is satisfied. Section 9. An employee wishing recalled within twelve (12) months of his date of lay off will return 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 former classification with service accrued up 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 time of the job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will be laid lay off. When layoffs occur in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there In the event the District, in its discretion, determines that a reduction in force is appropriate, employees whose positions are changes of duties 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 employee must have greater District seniority than the least senior employee working in the organization, lack of work, classification. The employee must meet qualifications as determined by the district to perform the work in the classification. An employee who has bumped to a new position and who voluntarily requests within a thirty (30) day probationary period to retreat to a Layoff Status or lack of funds, who fails to satisfactorily complete a thirty (30) day probationary period as determined by the City Manager may lay off employees. All temporary and seasonal positions superintendent shall be laid off prior 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 of any regular status bargaining unit employeesand bumping procedures. If the employee requesting to bump is unable to bump due to #2 or #4 they may move up the seniority list and bump into a higher paid classification provided they have more district seniority than the person bumped and they have previously, so long as successfully completed a probationary period in the temporary work falls within position. This will not apply if after completing the usual and customary duties of probationary period the bargaining unit employeeemployee 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 given notice eligible for recall for two (2) years from the date 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager shall first make every reasonable effort In order to integrate those employees into another position by transfer or consider alternatives maintain the right to layoff by the Union. Within individual divisionrecall, 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 an employee must have completed probation register in person or by mail, with the position they are bumping to. A bump will only be allowed if the employee is still able to perform the essential functions superintendent or his designee, upon change of the job address, telephone number, and has 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 bumps another employee must complete probation in the position. Failure to make probation within at least every six (6) months will result to signify his/her availability for recall. Laid-off employees shall be recalled only by certified letter, return receipt requested, and shall have five (5) days from receipt of such notification in which to inform the employee’s terminationDistrict of their intent to return to work, and shall have an additional ten (10) days in which to report to work. In an effort to minimize the disruption to the workforceAn earlier reporting date may, an employee that is bumped will not have a right to bump and will by mutual agreement, be laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesarranged.

Appears in 1 contract

Sources: Master Agreement

Layoff. 1. If there are changes the County must reduce the number of duties employees/positions within a classification or within a department as defined in the organization, lack of work, or lack of fundssection 2.3, the City Manager may lay off employees. All temporary and seasonal positions employee with the least amount of bargaining unit seniority shall be laid off prior selected for layoff. The employee so selected shall have the right to the layoff of any regular status bump a less senior bargaining unit employeesemployee in an equal or lower classification, so long as (based upon the temporary work falls within the usual and customary duties maximum pay rate) of the bargaining unit 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. In the event of a layoff, employees will have three (3) business days to make a job selection following notification of layoff. In the event no selection is made, the employee shall be on layoff status subject to recall. 2. An employee who is bumped in accordance with Paragraph 1 above shall be given notice of a layoff with as much notice as reasonably possibleafforded the same bumping rights provided in Paragraph 1 above, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given if such employee is unable to the Local Union Presidentbump any other employee, or designee, and to the employee. Employees such employee shall be laid off 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 a division in the inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager shall first make every reasonable effort from most senior 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 departmentsenior. 4. An employee wishing bumping into a different position shall serve the normal probationary period for that position. An employee who proves unable to bump must perform the work in the different position during the probationary period shall not be allowed to again exercise his or 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 right position shall have the preferential rights to return to such position if, for any reason, it should become vacant within five sixty (560) calendar days from the date he or she receives his or her 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 noticeseniority status, they shall be given the opportunity to be recalled and placed in vacant jobs by using the job posting procedure. To bump 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 employee must have completed probation in responsibility of laid-off employees to promptly inform the position they are bumping to. A bump will only be allowed if the employee is still able to perform the essential functions personnel department of the job and has all the qualifications presented in the job descriptionany change of mailing address. 7. In the event an employee does not currently have the relevant certification/licensepass probation, the employee is still eligible shall have the right to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption grieve such action subject to the workforcejust cause provisions of this agreement. 8. Employees who have exercised their bumping rights, an employee that is bumped will not or recalled employees, shall have a the right to bump and will be laid off. When layoffs occur in post for a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesjob.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes 1. Prior to implementing a dDistrict-wide reduction in personnel, the Superintendent or designee shall meet with representatives of duties 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 organization, lack case of work, or lack of fundscounty employees, the City Manager may lay off employeesdepartment. 4. All temporary and seasonal positions Employees shall be laid off prior to by job classification at the layoff 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 the same total work location seniority, lay off shall be based on the employment date as reflected on the Personnel Action Form (PAF) with the person having the most recent employment date being laid off first. 7. For the purposes of this aArticle, as soon as any regular status bargaining unit employeesmember receives notification that he/she is not being reappointed to his/her current position in the subsequent fiscal year, so long as a lay- off/recall list for the temporary work falls within the usual and customary duties of the bargaining unit employee. An employee subsequent fiscal year shall be given 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 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 Local Union President, or designee, employee and to the employeeFOPE twenty (20) working days before the action is to become effective. Employees shall 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 division in layoff will be given to the inverse order of their bargaining unit seniority within 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 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 has all the qualifications presented in the job descriptionelimination. In the event an the employee does not currently have believes that the relevant certification/licenselayoff was arbitrary or capricious, the employee is still eligible may file a grievance to exercise this bumping right provided protest the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstanceslayoff.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If SECTION 1 - Purpose AHMC recognizes the Corporation's right to reduce the work force through layoff when there are changes is a lack of duties in the organizationfunds, lack of work, the position is abolished, or lack of funds, the City Manager may lay off employeesemployee holds a substitute appointment. All temporary and seasonal positions shall The parties agree no regular employees will be laid off prior 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 layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeetemporary employee who is terminated. An 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 made in reverse order of seniority from among those employees at the duty station in the classification in which layoff occurs. Seasonal employees' duty station shall be considered the 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 duty station will be given notice 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 a layoff with it will attempt to give the affected employees as much notice as reasonably possible. However, but no less than fourteen the Employer shall give affected regular employees at least ten (1410) calendar working days before written notice prior to effective date of layoff. D. Upon the effective datedate of notice of layoff the Corporation agrees to provide the employee with the following information: 1. Notice Any vacant position within the service of the layoff will Corporation for which the employee may be given to the Local Union President, or designee, and to qualified; 2. Any position at the employee's duty station for which seniority bumping rights applies; 3. Employees Benefit information, including COBRA (health insurance), Retirement, Deferred Compensation, (Accrued Personal Leave is automatically cashed-out upon termination). E. When an employee is promoted, voluntarily demoted in lieu of layoff or transferred outside of the employee's duty station, the seniority rights of the former position shall be laid off in retained for a division in the inverse order period 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 two (52) 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 has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesyears.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. (a) If there are changes of duties a reduction in the organizationforce is necessary, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions layoffs shall be laid off prior to the layoff 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. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division take place in the inverse order of their bargaining unit seniority within the date of hire into the Sergeant’s job description affected by classification. (b) NJIT shall simultaneously provide the SOA and the Sergeant(s) concerned a two (2) week notice of layoff. The City SOA may request and have scheduled a meeting with the Manager shall first make every reasonable effort of Labor Relations to integrate those employees into another position by transfer or consider alternatives to layoff by discuss possible alternatives; however, the Union. Within individual division, final discretion rests with NJIT. (c) When a bargaining unit employee Sergeant is scheduled for a layoff due to reduction or reorganization in the workforce, he/she shall be permitted, to the extent permitted by 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, (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 he/she successfully completes the least senior employee 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. (iii) Salary Range and Step placement for a Sergeant, successfully exercising the contractually authorized bumping privilege, shall be as follows: (1) The Sergeant shall be placed at the same or lower nearest higher step on the commissioned police office salary range occupying a position the employee previously held from that step occupied prior to layoff, if available in the employee’s present departmentrange. An employee wishing If not available within the range, then the Sergeant shall be placed at the closest step available within the appropriate range. (d) The parties hereto commit 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 positionwork together toward minimization of departmental, 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 university and bargaining unit disruption caused by implementation of the job contractually authorized layoff and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesscheme.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If When there are changes is an indefinite reduction of duties the working forces in the organization, lack of work, or lack of fundsdepartment, the City Manager may lay off employees. All following procedure shall govern in making layoffs: A. Part-time and temporary and seasonal positions employees in the applicable classification affected, if any, in the department shall be laid off prior to first, in any order. B. Probationary employees in the layoff 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. 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 Local Union President, or designee, and to the employee. Employees applicable classification affected shall be laid off next, in a division any order. C. Department seniority within rank for police officers and within classification for Dispatchers and Para- professionals shall govern layoffs and recalls and the employee who has the lowest department seniority in the inverse order of their bargaining unit seniority within rank or classification shall be the job description affected by first to be laid off and the layoff. The City Manager shall first make every reasonable effort last to integrate those employees into another position by transfer or consider alternatives to layoff by be recalled, provided that the Union. Within individual division, a bargaining unit employee scheduled for layoff may bump remaining personnel have 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 ability to perform the essential functions duties required of the job and has all the qualifications presented in the job descriptionrank or classification. In the event there is a reduction of force in the classifications of School Liaison Officer and Detective, seniority in rank shall prevail. Employees so reduced shall take their position in such lower rank or classification in accordance with their seniority. In the event of an employee does not currently have increase in force, or a vacancy in the relevant certification/licensepreviously held classification, the demoted officer or employee is still eligible shall not be required to exercise this bumping right provided reclassify for the pertinent certification/license is position he occupied and can shall be obtained within six (6) months. An employee who bumps another employee must complete probation re-called to such position. D. The employer agrees to demote corporals to police officer in the position. Failure event there are layoffs, if a corporal has less seniority than the police officer who is scheduled to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will be laid off. When layoffs occur If a corporal is demoted he will then be laid off instead of the more senior police officer. In the event of an increase in force, or a part-time positionvacancy in the previously held classification, part-time seniority canthe demoted officer shall not be applied required to reclassify for the same full- time position he occupied and shall be re-called to such position. E. A police officer who is laid off and has more department seniority may displace a Dispatcher or Paraprofessional with less seniority in the department, in which event the police officer shall be paid and receive all benefits of the Dispatcher or Para- professional he displaces. This means If a part-police officer who is laid off had previously been a Dispatcher or Paraprofessional, his seniority as both a police officer and Dispatcher and/or Paraprofessional shall be used to determine if he can displace a Dispatcher or Paraprofessional at the time employee canof layoff. If a police officer displaces a Dispatcher or Paraprofessional, the police officer's service in and contributions to the Retirement System for police officers shall be frozen until he resumes service as a police officer. While in the Dispatcher or Paraprofessional classification, such police officer shall accumulate service in and make contributions to the retirement system covering Dispatchers and Paraprofessionals. If the police officer returns to a police officer position, he shall be governed by the provision of Section 10.7 as to his service in and contributions to the retirement system covering Dispatchers and Paraprofessionals. 17.2 A Dispatcher or paraprofessional shall not bump use his seniority to displace a full-police officer at the time employee under any circumstancesof layoff.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. 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 31.1 Bargaining unit employees shall not be laid off prior 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 of any regular status bargaining unit employees, so long as list. 31.2 Layoffs are that the temporary work falls within the usual and customary duties discretion of the bargaining unit employeeCity. A layoff is defined as a separation of employment. Layoffs may be due to an elimination of positions. An employee shall be given written notice of a layoff with as much notice as reasonably possibleor pay in lieu of notice, but no less than fourteen at the employee’s option, at least thirty (1430) calendar days before the effective date. Notice of , stating the layoff will be given to reasons for the Local Union President, or designeelayoffs, and to the employee. Employees shall be laid off in a division in options the inverse order of their bargaining unit seniority within the job description affected by the layoffemployee has (see below). The City Manager employee 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 have seven (57) calendar days from the date he or she receives his or her receipt of the layoff noticeletter to notify the City of the employee's option. To bump A copy of the layoff letter shall also be forwarded to the positionUnion. Upon request by the Union, the employee must have completed probation City shall meet with the Union to discuss alternatives to layoff. 31.3 The layoff procedure shall occur in the following manner: (a) The City shall notify, in writing, all affected employees of the employee's seniority and the employee's contractual rights. The City shall notify the 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 department, the City shall meet with the Union to discuss its decision. Except in the case of a medical layoff where the parties engaged in the interactive process, an employee who is notified of layoff shall have the following options: (1) Accept the layoff. (2) Request assignment to a vacant position they are bumping to. A bump will only be allowed 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 still able to perform qualified for that position. (4) Displace the essential functions of employee with the job and has all the qualifications presented lowest seniority in a classification with a lower pay range in the job description. In the event an employee does not currently have the relevant certification/license, designated layoff area if the employee is still eligible 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 exercise 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 bumping right provided the pertinent certification/license Article, if passing a test is and can be obtained within six (6) months. An employee who bumps another a requirement for new hires for a particular position, a "qualified" employee must complete probation in pass or have passed the test new hires must pass to be considered for the position. Failure . (d) For the purpose of this Article, “designated layoff area” shall be considered to make probation within six be: (61) months will result in the employeePublic Works* (2) Community and Economic Development* (3) Finance, Information Systems, GIS, and Municipal Court (4) Mayor’s termination. In an effort to minimize the disruption to the workforceOffice and Programs, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.City Attorney (5) Library

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If ‌ (a) In the event of a layoff the Employer, Bargaining Unit Chairperson and BCGEU Staff Representative shall meet to discuss the location, classifications and positions of employees which may be affected by the layoff. Prior to any layoff the employer may canvass any employee or group of employees to invite resignation with severance as provided for in clause 12.4 (d). (b) In the event of layoff for regular employees, such layoff shall occur in reverse order of service seniority within a classification in the layoff and recall unit affected. (c) An employee affected by a layoff may bump a junior regular employee in the same or lower classification within her layoff and recall unit, as outlined in Appendix III, provided she has the necessary qualifications to perform the job. It is understood that employees electing severance under this provision shall not be entitled to bumping rights or recall. (d) An employee may bump from one location within layoff and recall unit to another location within the same layoff and recall unit only if there are changes of duties no junior employees in the organizationjobs for which she may be qualified, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff of any regular status bargaining unit employees, so long as the temporary in her own work falls within the usual and customary duties of the bargaining unit employee. location. (e) An employee shall be given notice a reasonable amount of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before time on the effective date. Notice job to acquire facility in the performance of the layoff will new job. (f) Within two (2) weeks of being given notice that she is to be given to the Local Union Presidentlaid off, or designee, and to the that she is being bumped by another employee. Employees shall be laid off in a division in the 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 shall advise the Employer that she wishes to exercise bumping rights under this clause and the new position they are bumping to. A bump will only be allowed if the employee is still able she wishes to perform the essential functions of the job and has all the qualifications presented in the job description. occupy. (g) In the event that an employee does is not currently placed in a job via (c) and (d) above she shall have the relevant certification/licenseoption of taking priority over the most senior casual employee in either: (i) her own location; or (ii) within her layoff and recall unit, and commence her placement on the casual recall list as the casual employee with the most seniority in that office. This option must be exercised by the employee is still eligible to exercise this bumping right provided within two (2) weeks of the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will be laid off. When layoffs occur being placed in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesjob via (c) and (d) above.

Appears in 1 contract

Sources: Collective Agreement

Layoff. 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 31.1 Bargaining unit employees shall not be laid off prior 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 A layoff is defined as a separation from the City due to an elimination of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeepositions or a reduction in hours. An employee shall be given written notice of a layoff with as much or pay in lieu of notice as reasonably possible, but no less than fourteen at least fifteen (1415) calendar days before the effective date. Notice of , stating the layoff will be given to reasons for the Local Union President, or designeelayoffs, and to the employee. Employees shall be laid off in a division in options the inverse order of their bargaining unit seniority within the job description affected by the layoffemployee has. The City Manager employee 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 have seven (57) calendar days from the date he or she receives his or her receipt of the layoff noticeletter to notify the City of the employee's option. To bump A copy of the layoff letter shall also be forwarded to the positionUnion. The City shall meet with the Union to discuss alternatives to layoff. 31.3 The layoff procedure shall occur in the following manner: (a) The City shall notify, in writing, all affected employees of the employee's seniority and the employee's contractual rights. The City shall notify the Union of the seniority of all employees in all affected positions in writing. (b) The City shall determine the specific positions to be eliminated or reduced in hours 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 department, the City shall meet with the Union to discuss its decision. An employee must who is notified of layoff shall have completed probation the following options: 1. Accept the layoff or reduction in hours. 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 position they are bumping to. A bump will only be allowed same classification in the designated layoff area if the employee is still able to perform qualified for that position. 4. Displace the essential functions of employee with the job and has all the qualifications presented lowest seniority in a classification with a lower pay range in the job description. In the event an employee does not currently have the relevant certification/license, designated layoff area if the employee is still eligible 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 exercise 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 bumping right provided the pertinent certification/license Article, if passing a test is and can be obtained within six (6) months. An employee who bumps another a requirement for new hires for a particular position, a "qualified" employee must complete probation in 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. Failure to make probation within six 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 (62) months will result departments. 31.4 Employees who displace an employee in the employee’s termination. In an effort to minimize the disruption a lower classification shall go to the workforcestep closest to, an employee that is bumped will but not have higher than, their current salary. 31.5 Ties in seniority shall be broken by date of application. If a right to bump and will tie still exists, it shall be laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesbroken by lot.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes Layoffs shall be administered in accordance with university policy except as stated below: 1. Effective January 1, 2000, seniority will prevail in layoffs due to economic reasons or reorganization. Bumps shall be only within a job title in a University Operating Unit or to the immediate prior title on the Campus (See Appendix A for listing of duties University Operating Units). Seniority will prevail on call backs within one (1) year from layoff. A list of vacant positions will be available for review in the organizationCampus Human Resources Offices. A staff member who chooses to fill a vacancy or to bump another staff member, lack and is subsequently informed by the campus Human Resources department that the salary of workthe vacant or bump position is more than 10% below his or her current salary, or lack of fundsshall be allowed to reconsider their decision and to go on to the recall list. Within their respective departments/work units, the City Manager may lay off employees. All temporary and seasonal positions regular supervisors shall not be laid off prior to before temporary or probationary supervisors in the layoff same job classification. Supervisors shall serve a probationary period 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. An employee shall be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen one-hundred eighty (14180) calendar days before the effective date. Notice of the layoff will be given in a new position whether such placement is due to the Local Union Presidentfiling a vacancy, exercising a bump, or designeeas a result of a recall, and to the employee. Employees shall be laid off in except that a division in the 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 has 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 supervisor who bumps another employee must complete probation or is recalled in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in job title within the departmentsame department shall not be required to serve a probationary period. This means a part-time employee cannot bump a full-time employee under any circumstancesA probationary period can be extended, at the option of the University, up to an additional thirty (30) days. If the Supervisor fails the probationary period, his/her employment at the University shall be terminated and all layoff and recall rights shall cease.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes of duties in the organization, lack of work, or lack of funds, the City Manager may lay off employees. Layoffs are at the discretion of the City. All temporary and seasonal positions shall be laid off prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeeemployees. An employee shall be given notice of a layoff with as much notice soon as reasonably possible, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union PresidentAssociation, or designee, and to the employee. Employees shall be laid off in a division department in the 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 for which the employee is qualified, as determined by the City, by transfer or consider alternatives to layoff by the UnionAssociation. Within individual divisiondepartments, 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 he/she receives his or her layoff notice. To bump to the position, the employee must have completed probation in the position they are he/she is bumping to. A bump will only be allowed if the employee is still able to perform the essential functions of the job and has 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff. If there are changes the employer is required to reduce staff, probationary and temporary employees will be terminated first without recall rights. The board shall provide the union with no less than one (1) month written notice of duties in the organizationproposed layoff or elimination of position, lack of workwithin the bargaining unit and provide to the affected employee(s), or lack of fundsif any, the City Manager may lay off employees. All temporary and seasonal positions shall who will be laid off prior as required under the Employment Standards Act or pay in lieu thereof. Any regular employee who receives a notice of layoff shall have the right to fill a vacancy resulting from the termination of probationary employees or displace the employee with the least seniority subject to the layoff 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. An following: a) The employee shall be given who has received notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before shall have the effective date. Notice of the layoff will be given right to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the 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 displace the least senior employee in the same job and same hour band. b) If there is no less senior employee to displace in a), the laid off employee, may choose to displace the least senior employee in the same level/hour band or a lower level/hour band provided the employee has the qualifications, skills and ability for the job. If the employee cannot displace the least senior employee due to qualifications, skills and ability, the laid off employee will look to the next least senior employee and so on. If the laid off employee chooses to displace in a lower hour band, the employee forfeits their right to their former hour band. Employees who fill a job with a lower rate of pay will have their present rate of pay red circled. c) Any employee who is displaced shall have the right to displace the least senior employee as in b) and so on. d) If there is no less senior employee to displace, or if the employee chooses not to displace, the employee will be laid off and subject to recall provisions as set out in article 13.04. While on the recall list, the employee may fill any available temporary assignments for which the employee has the qualifications, skills and ability for the duration of the temporary assignment or until such time as any vacant position becomes available for which the employee has the qualifications, skills and ability. When such a position does become available, the recall provisions of this agreement would be applied. e) If more than one employee has the right to displace 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 positiontime, the employee must have completed probation with the greatest seniority shall displace first, whether the next greatest seniority employee had received notice of layoff or had been displaced, and so on. f) Employees who displace in the same position they are bumping towill not be placed on a trial period. A bump Employees who do not displace in the same position will only be allowed if placed on a trial period of thirty (30) working days or up to one hundred and twenty (120) working days where the Human Resource Services Department determines that training is required. g) If the trial period will exceed thirty (30) working days, the Human Resource Services Department will notify the employee and the union in writing, stating the length of the trial period and outline the training required. Where the Board has determined that within the trial period the employee is still able unable to perform the essential functions of successfully meet the job and has all the qualifications presented in the job description. In the event an employee does not currently have the relevant certification/licenserequirements, 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 bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, 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 placed on the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesrecall list.

Appears in 1 contract

Sources: Collective Agreement

Layoff. If there are changes of duties A. Layoff is defined as a reduction in the organizationwork force. 1. Layoffs, lack as required, shall be made within the affected classifications in the affected department. 2. In the event of worka layoff, a nurse who may be temporary, contractual or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions probationary shall be laid off prior to before a seniority employee in the affected classification. 3. If a further reduction in the work force is required, such reduction in the case of seniority employees will be made by layoff of any regular status bargaining unit part-time seniority employees (excluding job share employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. 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 Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority within the job description affected classification in the affected department. Should further reductions in the affected classification be necessary, full-time seniority employees will be laid off 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 inverse order of bargaining unit seniority in the same manner as part-time employees. 4. When a seniority employee scheduled for layoff may bump is laid off, due to a reduction in the work force, he or she shall be permitted to exercise his/her seniority rights to replace the least senior employee in an equal or lower job classification wherein they have superior bargaining unit seniority. Such employee may replace an employee in an equal or lower job classification under the following conditions: a. They shall have bargaining unit seniority as required and as defined in Article 34, Seniority, of this Agreement. b. Current ability to do the available work and meet the qualifications. c. Any employee who has exercised his/her “replacement rights” under this Article shall be provided a sixty (60) day training and orientation period for the position consistent with Macomb County Health Department Practice Standards and/or Medical Standing Orders. An additional thirty (30) day training and orientation period may be utilized, at the same or lower salary range occupying a position Employer's discretion, if the employee's performance is not deemed satisfactory. At the conclusion of the thirty (30) day trial and orientation period, if the Employer determines the employee previously held in is unable to successfully perform 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 positionwork, the employee must will be placed on layoff. d. A seniority employee who qualifies for rights as set forth above, shall have completed probation in the position they are bumping toright to exercise such right or to accept layoff. A bump will only be allowed if the employee is still able to perform the essential functions Failure of the job and has all the qualifications presented in the job description. In the event an affected employee does not currently have the relevant certification/license, the employee is still eligible to exercise this bumping right provided such “replacement rights” at the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months time of layoff, will result in forfeiture of “replacement rights” during the employee’s terminationterm of such layoff. B. Employees to be laid off for an indefinite period of time will have at least ten (10) working days notice of such layoff. In an effort to minimize The staff council chairperson and the disruption Association shall receive a list from the Employer, of the employees being laid off, on the same date as the notices are issued to the workforce, 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 same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesemployees.

Appears in 1 contract

Sources: Collective Bargaining Agreement