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 Layoffs shall be by department and shift (See Appendix E). In the event of duties in the organization, lack of work, or lack of fundsa permanent layoff, the City Manager may lay off employees. All temporary and seasonal positions Employer shall be laid off make its best efforts to notify regular employees involved at least thirty (30) 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 of the bargaining unit employeeimpending layoff. 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 Presidentprovisions of Section 6.2 above, or designee, and to the employee. Employees employees shall be laid off in the following manner:
a. Temporary employees;
b. Probationary employees;
c. Regular full-time and part-time employees. An employee who has been displaced due to a division layoff may accept the layoff or may displace the position of any employee on the low seniority list for the employee's job group, provided the employees' qualifications, competence and efficiency are considered substantially equal in the inverse order opinion of their bargaining unit the Employer, and provided further that the employee who was initially displaced is not on the low seniority within list. The low seniority list consists of the least senior employees in a job group who comprise twenty percent (20%) of the job description affected by the layoffgroup. 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 Any employee scheduled identified for layoff who is on the low seniority list and any employee who has been displaced by another employee pursuant to the above process may bump displace the position of the least senior employee at on the same or lower salary range occupying a position low seniority list provided the employee previously held employees possess substantially equal qualifications, competence and efficiency in the employeeopinion of the Employer.
6.4.1 Reduction in FTE/Reallocation of Staffing/Re-Bids: In the event the Employer deems it necessary to reallocate staffing, reduce FTE’s present department. An employee wishing and/or to bump must exercise his or her right within five (5) calendar re-bid shift schedules, the Employer shall notify the union and the employees a minimum of 7 days from the date he or she receives his or her layoff notice. To bump prior 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 re-bid or reallocation of the job and has all the qualifications presented in the job descriptionFTE’s. In the event case of an employee does not currently have the relevant certification/licenseFTE reduction, the employee is still eligible to exercise this bumping right Employer shall use the same procedure as provided the pertinent certification/license is and can be obtained within six (for under Article 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 case of reallocations of staffing or re-bids, bidding shall be limited to the workforceshift and/or department; bumping rights as outlined in Section 6.4, an employee that is bumped will shall not have a right apply to bump reallocations of staff and will re-bids. Seniority shall be laid off. When layoffs occur in a partthe determining factor for reallocation of staffing and re-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 circumstancesbids.
Appears in 4 contracts
Sources: Employment Agreement, Collective Bargaining Agreement, Union Representation 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 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. Non-probationary Employees shall be the next to be laid off in a division in on the inverse order basis of their bargaining unit seniority within the affected job description affected by classification within one department.
(b) In the layoff. The City Manager shall first make every reasonable effort event an Employee is scheduled to integrate those employees into be laid off in one department and there exists a vacant position in another position by transfer or consider alternatives department which the Employee has the skill and the ability to layoff by the Union. Within individual divisionperform, a bargaining unit seniority within the affected job classification shall prevail in assigning such Employees to be laid off to such vacant jobs. This provision is not intended to circumvent the article on promotions.
(c) In the event a position is eliminated and the affected employee 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 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. If It is agreed that there are changes of duties in the organizationwill be no permanent layoffs, lack of work, or lack of funds, the City Manager may lay off employeessave and except as set out below. All temporary and seasonal positions shall be laid off prior Prior to the layoff effecting layoffs of any regular status bargaining unit employeesor recurring employee, so long the University will take the following steps in sequential order as the temporary work falls within the usual outlined in Article(s) 11.4, 11.5, 11.6 and customary duties 11.7.
1. Within two (2) weeks of the bargaining unit employee. An employee shall be given notice of determination that there is 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 need 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 reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options.
2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of contracts and existing vacancies to determine if there is an employee that who is bumped will not have leaving or has left the work place whose work could be done by a right to bump and qualified employee who otherwise will be laid off. When layoffs occur Such employee will be placed in the position.
3. Next, the Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the redundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions.
4. The Parties will explore the possibility of a partshort-time positionterm layoff of no more than twenty-six (26) weeks. Should this meet the needs of the University, part-time employees will be laid off and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages.
5. If after having explored the above steps, it is determined by the University that a layoff will be required, the least senior employee in the redundant position will be identified and provided with notice of layoff.
6. An employee who has more seniority than the identified employee may, within one (1) week of notice under step 5, volunteer to take the layoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the senior employee will be laid off and will receive the remainder of notice of layoff in lieu, plus their severance entitlement, but shall have no recall rights. This provision does not apply if the senior employee has unique skills which cannot be applied replaced in 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) months.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective 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. 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. 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. 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 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.
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. 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. 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 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. (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 ▇. ▇▇▇▇▇▇ 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 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 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. 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 (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 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. (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 the date of hire into the Lieutenant’s job classification.
(b) NJIT shall simultaneously provide the Lieutenants’ Unit and the Lieutenant(s) concerned a two (2) week notice of layoff. Lieutenants’ Unit may request and have scheduled a meeting with the Manager of Labor Relations to discuss possible alternatives; however, the final discretion rests with NJIT.
(c) When a Lieutenant is scheduled for a layoff due to reduction or reorganization in the workforce, he/she shall be permitted, to the extent permitted by law, to exercise his/her seniority within rights to replace (bump) a Sergeant or other commissioned police officer with less seniority provided the Lieutenant with greater seniority is qualified in all respects to perform the work of the bumped officer in accordance with the prevailing job description affected by for that position.
(i) The Lieutenants’ Unit may discuss any questions of “qualifications” with the layoff. Manager of Labor Relations through the labor management committee established under Article VI, Labor/Management Committee, of this Agreement.
(ii) Salary Range and Step placement for a Lieutenant, successfully exercising the contractually authorized bumping privilege, shall be as follows:
(1) The City Manager Lieutenant 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 be placed at the same or lower nearest higher step on the commissioned police officer salary range occupying a position or within the employee previously held Sergeants’ salary band from that salary occupied by the Lieutenant prior to layoff, if available in the employee’s present departmentrange and/or band. An employee wishing If not available then the Lieutenant shall be placed at the closest step available within the appropriate range or salary within the band.
(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 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 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 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) When a reduction in force in any line of duties in the organizationprogression is necessary, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall probationary employees will be laid off first. In case it is necessary to further reduce the number of employees in a line of progression, employees who are the lowest on the seniority list may:
(1) Starting with the job classification in which the reduction is to be made, the employees with the least plant seniority shall be removed therefrom. Such displaced employees shall have the right to exercise their seniority in:
(i) lower job classifications for which they are qualified in their line of progression, or
(ii) lower job classifications for which they are qualified in another line of progression, or (“Qualified” for the purpose of this subsection (ii) is defined as having held that job classification within the last three (3) years prior to the layoff layoff.
(iii) transferring to an entrance job in another line of any regular status bargaining unit employeesprogression, so long if such entrance job is held by an employee having less plant seniority, or electing to be laid off. "Entrance Jobs" are defined as follows: Control Technician-Junior Equipment Operator-Junior Performance & Industrial Hygiene Technician-Junior Stores Attendant-Junior
(2) An employee who is to be displaced from an entrance job in a line of progression shall have a maximum of three (3) working days from date of being notified to exercise his plant seniority, provided he is qualified for the temporary work falls within job involved, by transferring to an entrance job in another line of progression, if such entrance job is held by an employee having less plant seniority, or electing to be laid off. "Entrance Jobs" are defined as follows: Control Technician-Junior Equipment Operator-Junior Performance & Industrial Hygiene Technician-Junior Stores Attendant-Junior
(3) After the usual and customary duties transfers resulting from the exercise of the bargaining unit employee. An employee shall be given notice foregoing rights have been accomplished in all lines of a layoff with as much notice as reasonably possibleprogression in which such action is taken, but no less than fourteen (14) calendar days before the effective date. Notice excess employees remaining from all lines of the layoff will be given to the Local Union President, or designee, and to the employee. Employees progression shall be laid off in a division in accordance with their plant seniority.
(4) As soon as practicable after 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 Company has identified with certainty 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 positionbe laid off under this Section 9, the Company will begin to consider each such employee must have completed probation in for placement elsewhere. This consideration will continue until any one of the position they are bumping to. A bump will only be allowed if following occurs: (1) the employee is still able to perform placed at 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, ▇▇▇▇▇▇▇▇ Plant or elsewhere; (2) the employee is still eligible no longer retaining seniority rights under Section 10 below; (3) the employee is recalled under Section 11 below; or (4) the Company ceases 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 have a current address for the employee’s termination. In The effective date of 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 canemployee's layoff shall not be applied delayed as a result of the failure of the Company to begin consideration of the same full- time position in the department. This means employee for a part-time employee cannot bump a full-time employee under any circumstancesplacement elsewhere prior to such date.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
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 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 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. 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 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 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 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 (a) The company will endeavor to give at least (2) two weeks notice of layoff where business circumstances permit. Where business circumstances do not permit this notice, the Company will explain the circumstances to the Union at the time the notice is given.
(b) In laying off, and in determining shift assignment as between employees doing the same job, seniority shall be the determining factor as follows:
(i) All jobs with Learner periods shall be filled by the senior persons who are fully qualified on the job, (have successfully completed all of the Learner Periods of the job as evidenced by documentation on Company records) or currently in a Learner position on the job. However it is understood and agreed the Company shall have the right to retain the most senior fully qualified employee if it establishes that there are changes is not one (1) fully qualified employee available to train on the same shift,
(ii) All jobs that do not have Learner Periods shall be filled in order of duties seniority. However it is understood and agreed that in all cases the company shall have the right to pass over an employee if it establishes that he does not have the necessary skill, ability and physical fitness to perform the work available. For a layoff which in the organizationjudgment of the company will not extend beyond three (3) consecutive days, lack ap pli c at io n of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions seniority shall be by department or skilled occupational group w i t h i n the department. A longer layoff will be dealt with by applying seniority on a plant- wide basis. When the Company shuts down it’s operations for a specific period of time, any available work assignments during the shutdown period will be dealt with by applying seniority on a plant wide basis as per 8.05 (a). At the end of the shut-down period, all employees who were reassigned or laid off will return to the job they were holding immediately prior to the layoff shutdown. The Company will provide a familiarization period of any regular status bargaining unit employees5 working days to employee’s who bump into a job. The Company will provide a familiarization period of ten (10) working days to employees who bump to a job, so long where the job has changed 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 evidenced by G-Forms attached 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 dated after 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 circumstanceslearner periods were completed.
Appears in 2 contracts
Sources: Collective Agreement, Collective 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 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. 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 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 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 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 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 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. If there are changes In the event the Hospital must reduce the workforce within a department for a period 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) continuous calendar days before or more, OFNHP shall be notified twenty-one (21) calendar days in advance and can request a meeting with the effective dateleadership to review the reasons for the reduction in workforce and whether a layoff should be initiated. Notice of the layoff The meeting 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 days. Once the parties have met, if the Hospital determines that a layoff is needed in a department, the Hospital shall institute a layoff that will be in reverse order of seniority provided the bargaining unit members in that department are qualified to perform the work to be done. Nothing in this language prevents the Hospital from the date he or she receives his or her initiating a layoff noticeonce its obligation to notify and meet has been met.
1. To bump A bargaining unit member notified of layoff shall be considered to fill any similar category posted position, provided they meet minimum qualifications for the position, .
2. Bargaining unit members in a coordinator/hybrid position notified of layoff have the right to displace the least senior employee in the same modality on the individual’s current shift in a position of equivalent FTE. 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 appropriate licensure, skills mix and qualifications to perform the essential functions of the job and assignment they are to assume, with reasonable training that will not negatively impact patient care. If no such position on the individual’s current shift is available, then the individual has all the qualifications presented right to displace the least senior employee in the job descriptionsame modality in a position of equivalent FTE on another shift. The employee must have the appropriate licensure, skills mix and qualifications to perform the essential functions of the assignment they are to assume, with reasonable training that will not negatively impact patient care. In all steps above, the event an employee does not currently bargaining unit member being laid off must notify management within 48 hours of receiving notice of layoff of their decision to exercise their bumping rights. A bargaining unit member on layoff status will have the relevant certification/license, the employee is still eligible ability to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) monthsaccess electronic notification of posted positions. 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 It will be laid off. When layoffs occur the laid-off bargaining unit member’s responsibility to meet the application timelines, per Article 22, 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 1 contract
Sources: Collective Bargaining 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 their term of employment, the only exception being if the temporary employee is not advised of the date their 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 tenth 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 their rights under this Agreement, the unless they refuses work in their 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. If there are changes of duties All reductions in the organization, work force due to lack of work, or lack of funds, or other legitimate cause shall be accomplished in the City Manager may lay following manner:
A) The word "layoff' means a reduction in the working force. Layoff of employees shall be by job classification seniority, and the following order shall be followed, provided that the employees who remain are capable of performing the work available:
1. Probationary employees.
2. Remaining seniority employees within the classification affected shall then be laid off employees. All temporary and seasonal positions in order of their classification.
B) When employees have the same classification seniority, the employee with the least seniority in the Department shall be laid off prior first.
C) Upon being laid off from their classification, an employee who so requests shall, in lieu of layoff, be permitted to take another classification in the layoff of any regular status bargaining unit employeesdepartment provided, so long as however, that the temporary work falls within employee is able to perform the usual and customary required duties of that classification and that the bargaining unit employeeemployee has more seniority than the employee being is to replaced. An employee Employees who change classifications in lieu of layoff shall be given notice of a layoff paid the salary in accordance with as much notice as reasonably possible, but no less than fourteen (14the schedule for that • classification . •
D) calendar days before the effective date. Notice of the layoff will be given Employees to the Local Union President, or designee, and to the employee. Employees shall be laid off for an indefinite period of time will have at least ten (10) working days notice of layoff. The ▇▇▇▇▇▇▇ shall receive a list from the City of the employees being laid off on the same date the notices are issued to the employees.
Section 2 A laid off seniority employee, if recalled to a job identical or higher in a division rate to the job from which he was laid off and provided said employee has the ability to perform the job, shall be required to take the recall. Failure to take such offered work shall result in loss of seniority and discharge.
A) The order of recalling of laid off employees shall be in the inverse order in which the employees are laid off and shall be subject to the same conditions of layoff.
B) Notices of recall shall be sent by certified or registered mail, or telegram to the employee's last know address as shown on the City's records and it shall be the obligation of the employee to provide the City with a current address and telephone number. A recalled employee shall give notice of their bargaining unit seniority intent to return to work within the job description affected by the layoff. The City Manager three (3) consecutive calendar days, and 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 return within five seven (57) calendar days from or their employment shall be terminated without recourse to this Agreement. Exceptions may be made due to circumstances beyond the date he control of the employee. •
C) In the event a recall is necessary on less than three (3) days notice, the City may call upon the laid off employee( s) either personally or she receives his or her layoff noticeby telephone, until an employee able to return to work immediately is located. To bump to the positionIn such case, 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 return 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 work immediately will be laid off. When layoffs occur in given a part-time positiontemporary assignment not to exceed three (3) days, part-time seniority cannot and employees passed over (because of their inability to return to work immediately) will be applied given notice to report for work at the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesend of said three (3) day period.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If there are changes A Pilot on layoff will continue to accrue seniority but that period will not be accredited towards a Pilot's service with the Company for the purpose of duties in the organization, lack pay or other monetary benefits related service. A minimum 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 fifteen (1415) calendar days before prior to notice of layoffs being issued, the effective dateCompany shall notify the Association to enable the parties to discuss possible ways of avoiding a layoff or minimizing the adverse effect of layoffs. Notice If after taking this action, layoffs are still required, Pilot layoffs shall occur in reverse order of seniority regardless of equipment When it is determined that there will be a reduction in the total system Positions, the Company will issue a bulletin to all Pilots, advising of the layoff requirement for reductions. Prior to any layoffs, all surplus Pilots will be given first dealt with through attrition, voluntary severance options, leave of absence programs, and any other mitigation programs as may be agreed to between the parties. If after attempting to mitigate layoffs there is still a requirement for a reduction in force, then such reduction in force shall be accomplished in reverse order of the Pilots System Seniority List in accordance with the provisions of SECTION (FILLING OF ASSIGNMENTS). The Company shall provide thirty (30) days written notice to a Pilot being laid off and copy the notices to the Local Union PresidentAssociation. In the case of a third party strike, or designeesuch notice may be less. In instances of recall after a third party strike, and to the employeeCompany will recall as soon as possible. Employees shall be laid off in a division Except in the inverse order case 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 divisiontemporary assignments, a bargaining unit employee scheduled for Pilot placed on 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 status whose instrument rating is due to bump must exercise his or her right expire within five sixty (560) calendar days from the date he of layoff will have an opportunity to renew his instrument rating at Company expense. This only applies if a Pilot has been hired with a valid instrument rating. This provision shall not apply to a Pilot who has had abbreviated (Instrument Rated) privileges issued by a Company Check-Pilot 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 toa Transport Canada Inspector. A bump will only Pilot prior to being laid off shall be allowed if awarded the employee option of taking all or any outstanding Vacation or Statutory Holiday Days in lieu of or as part of his layoff period. Excluding short and long term disability, and subject to agreement from the insurer, a Pilot who is still able on a layoff may elect to perform maintain the essential functions remaining benefits normally covered by payroll deduction by paying for of the job and has all total cost of the qualifications presented in benefits. The total cost for the job description. In benefits must be prepaid prior to leaving, either for the event an employee does not currently have duration of the relevant certification/licenselayoff or three (3) month blocks, whichever is 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 positionlesser. Failure to make probation within six (6) months prepay the cost will result in cancellation of benefits and may subject the employee’s termination. In an effort employee 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 waiting periods upon reinstatement as stipulated in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesinsurance carrier's contracts.
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 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 Marion 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 Marion 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 29.
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 1. When Health Services decides to reduce the number of duties employees in the organizationhealth service, lack the employee(s) affected are entitled to notice as set forth below. In making layoff decisions, Health Services will take into consideration physicians' length of workservice at the University as well as the needs of Health Services.
a. Five (5) working days notice for each continuous full year of service except that the minimum notice will be 20 working days and the maximum will be 125 working days. For purposes of this notice, 10-month appointments are considered full years and continuous.
b. During this notice period, employees will be provided reasonable consideration for time to seek other employment either through use of vacation, administrative leave, accrued compensatory time, adjusted work schedule, or lack of funds, the City Manager may lay off employeesleave without pay. All temporary and seasonal positions shall earned vacation time must be laid off used prior to the effective date of layoff.
c. If during this period of notice, a vacancy which is to be filled occurs in the employee's job title, the employee is eligible for that vacancy provided that the Director determines that he/she has the requisite qualifications, ability, and suitability to perform the work available.
d. For one (1) year from the date of layoff notice, the employee will remain on a recall list. If during that time a vacancy which is to be filled occurs in the employee's job title, the employee is eligible for that vacancy provided that the Director determines that he/she has the requisite qualifications, ability, and suitability to perform the work available. Notice of any regular status bargaining unit employeesrecall will be sent by certified mail to the employee's last known address on record.
e. An employee who, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeeprior to layoff, was full-time shall not lose his/her position on a recall list by declining a part-time vacancy. An employee who, prior to layoff, was part-time shall be given notice of not lose his/her position on 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 recall list by declining 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 descriptionfull- time vacancy.
2. In the event an employee does not currently have the relevant certification/licenseRutgers plans to lay off employees, 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 Rutgers shall give notice 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 Union at least 30 days prior to the same full- time position date of the anticipated layoff and, upon the Union's request, shall meet with the Union to discuss the reason(s) for the layoff.
3. ▇▇▇▇▇▇▇ agrees to provide Doctors Council with notice as soon as possible, but in no event later than forty-five (45) days, prior to any privatization or sub-contracting out of the department. This means a part-time employee cannot bump a full-time employee under any circumstancesHealth Services.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If there are changes In the event of duties in the organization, lack a proposed layoff of work, a permanent or lack of fundslong term nature, the City Manager may lay off employeesEmployer will provide the Union with no less than 30 calendar days’ notice. All temporary and seasonal positions shall be laid off prior to In the layoff event of any regular status bargaining unit employeesother layoffs, so long as the temporary work falls within Employer will provide the usual and customary duties of the bargaining unit employee. An employee shall be given notice of a layoff local Union with as much notice as reasonably possible, possible but no less than fourteen (14) calendar notice in accordance with Employment Standards Act. Such notice shall not be in addition to notice provided to employees. No reduction in the hours of work shall take place to prevent or reduce the impact of layoff without discussion with the Union. The Employer shall meet with the Union to discuss reductions in hours or layoffs or alternatives as far in advance as possible but no less than 30 days before the effective date. Notice of the layoff will be given prior to the Local expected date of implementation.
a. If requested, the Employer will meet with the local Union Presidentto review:
i. the reason causing the layoff;
ii. the service, or designee, which the Employer will undertake after the layoff;
iii. the method of implementation including the areas of cut-back and the employees to be laid-off.
b. A layoff of employees shall be made on the basis of seniority provided that the employees who are entitled to remain on the basis of seniority are qualified to perform the available work. Subject to the employeeforegoing probationary employees shall be first laid-off. Employees shall be laid off in a division in the inverse reverse order of their seniority.
c. An employee in receipt of notice may:
i. accept the layoff; or
ii. bump another employee who has lesser bargaining unit seniority within in a lower or identical paying classification for which they are qualified as per the normal position description, to meet the requirements of the job description affected by and perform the layoffwork, without training other than a brief familiarization or orientation.
iii. The City Manager bumping outside the laid off individuals classification shall first make every reasonable effort to integrate those employees into another position by transfer or consider alternatives be allowed with the understanding that an employee subject to layoff by the Union. Within individual divisionwho chooses to bump, a bargaining unit employee scheduled for layoff may must bump the employee with the less seniority, who has equal to or less scheduled hours than the bumping employee, provided that the individual bumping has the requirements of the job and can perform the work without training other than a brief familiarization or orientation of at least senior employee at one (1) day (longer if the same or lower salary range occupying a position the employee previously held Employer deems it necessary).
iv. All employees who are potentially affected shall be given notice, and should respond in the employee’s present department. An employee wishing to bump must exercise his or her right writing within five (5) calendar days from of receipt of notice.
v. An identical classification shall be deemed to be any classification where the date straight time hourly wage rate is equal to or less than the classification the employee is being laid off from.
vi. A full time employee can bump full time employees in identical classifications first, if s/he so chooses, before bumping a part time employee in the same classification as the laid off employee.
vii. Normally, an employee shall not be allowed to bump into greater hours or she receives his or her layoff noticea higher paying classification. To bump In this Article, “greater hours” shall mean more than 10 hours greater than the employee’s normally scheduled hours.
d. Employees shall be recalled in the order of seniority, unless otherwise agreed between the Employer and Local Union, provided that the employee is qualified to perform the available work.
e. Where a vacancy occurs in a position following a layoff, hereunder as a result of which an employee had been transferred to another position, the affected employee must have completed probation in will be offered the position they are bumping to. A bump will only be allowed if the employee is still able opportunity 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/licensereturn to her former position, 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 such vacancy occurs within six (6) months will result in of the employee’s terminationdate of layoff. In an effort Where the employee returns 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 her former position, part-time seniority cannot there shall be applied no obligation to consider the same full- time position in the department. This means a part-time employee cannot bump a full-time employee vacancy under any circumstancesArticle 11.
Appears in 1 contract
Sources: Collective Agreement
Layoff. If there 1. The Employer shall meet with the Guild prior to or upon approval of the budget annually to identify any occupied unit positions that are changes being defunded by the approved budget, to review any need to reduce the overall workforce and to review all current funded vacant positions. Employees with ten (10) or more years of duties service whose positions are eliminated shall not be laid off. Employees hired on or after October 6, 2010, must have fifteen (15) years of service in order to not be laid off. Employees who are protected from layoff due to their length of service, as described in the organizationpreceding sentences of this Section 1, lack of work, shall not have bumping rights. The Employer will place any such employee in a vacant position or lack of fundsotherwise assign duties. In either event, the City Manager may lay off employeesemployee will be green-circled.
2. All temporary A layoff occurs when the Employer either reduces the number of unit positions or eliminates positions associated with a specific program area. In the event of a layoff, the Employer shall notify the Guild in writing of the number of positions to be defunded and seasonal identify those positions. The Employer also shall notify each affected employee in writing that he or she has been identified for layoff, and shall provide the employee with job descriptions of all positions shall be laid off prior to the layoff of any regular status bargaining unit occupied by less senior employees, so long as along with the temporary work falls within seniority dates of those employees, and the usual and customary duties job descriptions of all vacant positions.
3. If 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 Employer notifies the effective date. Notice of the layoff Guild that there will be given to the Local Union Presidenta layoff, 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 ninety (590) calendar days from the date he of the notice there shall be a hiring freeze both for all Guild bargaining unit positions and for all non-unit positions except for jobs directly associated with a state or she receives national political campaign or a time-sensitive organizing campaign. An employee identified for layoff shall not be separated from employment before the end of this ninety (90) day period. During the freeze:
(a) Upon request of an employee in a defunded position, the Employer shall consider that employee for vacant non-bargaining unit positions before filling those positions with non-bargaining unit applicants. The Employer shall keep the Guild informed of non-bargaining unit vacancies.
(b) An employee accepting a temporary position during the hiring freeze shall retain his or her layoff noticerights under this Article and shall be considered a regular employee for all purposes under this Agreement.
(c) An employee offered a temporary position during the hiring freeze shall have five (5) working days to accept or reject the position.
(d) Rejection of an offer of a temporary position during the hiring freeze shall not adversely affect rights provided under this Article.
(e) An employee accepting a temporary position during the hiring freeze shall have the terms of this Article applied concurrently with the temporary position.
(f) The Employer shall hold an identified appropriate position pursuant to Section 5(d)(i) until the employee can be released from the temporary position.
(g) An employee in a temporary position during the hiring freeze who successfully bids on an open position shall have that position held for him or her until released from the temporary position.
4. To bump From the date the AFL-CIO gives written notice under Section 2 to the position, Guild and the employee must have completed probation in affected employees until the position they are bumping to. A bump will only be allowed if the employee is still able to perform the essential functions end of the job and has ninety (90) calendar day period specified in Section 3:
(a) No vacant Guild position shall be filled unless all qualified employees in defunded positions are first offered the qualifications presented job, in order of seniority, and
(b) The Employer shall not, without the job descriptionagreement of the Guild, hire any additional consultants. The federation may, however, hire a consultant whose work is directly associated with a state or national political campaign after discussion with the Guild at least one (1) week before hiring such a consultant.
5. In the event an employee does not currently have the relevant certification/licenseof a layoff, the employee is still eligible following procedure shall be followed:
(a) The Employer shall notify the Guild and affected employees in accordance with Section 2.
(b) The Employer and the Guild shall meet to exercise this bumping right provided negotiate, if 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 workforceparties deem appropriate, an employee that incentive package to be offered to employees and to which employees such a package shall be offered. Such negotiations shall take no longer than ten (10) calendar days. If a package is bumped will negotiated, identified employees shall be given no less than thirty (30) calendar days to accept or reject the offer. Employees notified under Section 2 who do not accept the offer shall 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.an additional fourteen
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If there are changes A. In the event of duties in the organizationa layoff for any reason, 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 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 in their classification as long as the job description affected by employees retained possess 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 demonstrated ability 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) monthswork as required. An employee who bumps another is to be laid off who advanced to their present classification from a lower classification in which they held a regular appointment shall be entitled to bump into the lower classification, provided the employee must complete probation has classification seniority over the individual being displaced and the employee notifies the Chief of their desire to bump within ten (10) business days of notice of layoff. Classification seniority shall be credited for all the time an employee worked, was in paid status or was on an authorized unpaid leave of absence of 30 days or less in a given classification from the date of hire or placement in the classification once an employee gains regular status. Exceptions for crediting classification seniority to employees who are on authorized leaves of absence of more than 30 days will be made for employees who are on workers compensation leave and in accordance with applicable law (FMLA, OFLA, USSERA. Oregon Sick leave Act).
B. Except as set forth in Section C below, employees shall be called back from layoff according to seniority in the classification from which the employee was laid off within the Department. No new employee shall be hired in any classification until all employees on layoff status in the classification have had an opportunity to return to work. Employees shall be notified in writing of their recall by certified mail return receipt requested to the last address listed on City records. If the employee does not respond by providing the Chief or designee notice of intent to return to work in writing within seven (7) business days of receipt of the notice or ten (10) business days of mailing, whichever is later, the employee will lose their recall rights and the Department may proceed to fill the position through other methods. Employees recalled from layoff, shall be returned with the same seniority they had at the time of layoff and will be placed at the same step on the salary schedule from which they were laid off.
C. An employee laid off from the classification of Sergeant shall also have the right to be recalled to a Police Officer position based on total seniority as a Police Officer and Sergeant. Such employee who accepts recall to a Police Officer position will be directly appointed to the first vacant Sergeant position that the City intends to fill. If the employee had not completed their previous promotional probationary period, the employee shall serve the remaining time when reappointed to a Sergeant position. Failure An employee laid off as a Sergeant who declines recall to make probation within six (6) a Police Officer position will remain on the Sergeant recall list. An employee laid off as Sergeant who accepts recall to a Police Officer position shall be placed at the salary step closest to the salary rate from which they were was laid off, not to exceed the maximum rate for the Police Officer classification.
▇. ▇▇▇▇▇▇ status shall not extend for more than 24 months will result from date of layoff. Seniority shall not accrue during layoff. All seniority rights and benefits to which an employee was entitled at the time of layoff shall be restored upon recall.
E. Nothing in this Article or any part of this Agreement is intended to restrict the sole authority of the City to determine the financial necessity of service reduction, the form of reduction, and the duration of the layoff.
F. Employees who are placed on layoff status through the provisions of Article 32, Section G, shall not be offered recall until they have provided the City with a release for full duty from their attending physician. However, the time prior to providing a medical release shall be part of the employee’s terminationmaximum eligibility for recall of two years. In an effort Upon receipt of a release, the employee shall be offered recall in accordance with the provisions of this Article and shall be subject to minimize the disruption to the workforceall provisions of this Article.
G. A business day is defined as Monday through Friday, 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 circumstancesexcluding recognized federal holidays.
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. Seniority will prevail on layoffs due to lack of duties work in the organizationjob classification, lack efficiency reorganization or reductions due to economic considerations. Seniority will prevail on call backs within one (1) year from layoff. A layoff shall be effected in the following manner:
a. Filling a vacancy at the RowanSOM library.
b. Bumping into a position at the RowanSOM library. A list of workvacant positions will be available for review in the Campus Human Resources offices. Within their respective departments/work units, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions librarian unit members shall not be laid off prior to before temporary or probationary librarian unit members in the same job title, that is, Librarian I, II or III. Librarian unit members affected by a layoff of any regular status bargaining unit employees, so long as the temporary work falls may exercise bumping rights within their job title within the usual and customary duties of the bargaining unit employeeRowanSOM library. An employee Bumping rights shall be given notice exercised in accordance with the provisions of this Article. Librarian unit members choosing not to exercise their bumping rights remain eligible for recall consistent with the provisions of this Article. Librarian unit members shall serve a probation period of ninety (90) days in a new position whether such placement is due to filling a vacancy, exercising a bump, or as a result of a layoff with as much notice as reasonably possiblerecall, 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 except that 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 or is recalled into the positionsame job title within the same department shall not be required to serve a probation. Probation can be extended, at the option of the University, up to an additional ninety (90) days. Failure of a librarian unit member to make satisfactorily complete the probation within six (6) months will period shall result in the employee’s terminationtermination of the librarian unit member and all layoff and recall rights shall cease. In an effort to minimize All librarian unit members shall be covered by the disruption to layoff policy regardless of salary range, consistent with the workforce, an employee that is bumped will not have following provisions:
a. Librarian unit members employed under a right to bump and will be laid off. When layoffs occur in a partJ-time position, part-time seniority canVisa shall not be applied to eligible for coverage.
b. Librarian unit members employed under an H-Visa shall have bumping rights only into the same full- time position in the departmentjob classification. This means The University will provide a part-time employee cannot bump a full-time employee under minimum of fifteen (15) working days’ notice of layoff to any circumstanceslibrarian unit member affected.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If there are changes of duties Should a reduction in the organization, force become necessary due to a lack of workwork or funds, due to reorganization of the Library, or lack of fundsdue to reasons beyond the library’s control, the City Manager may lay off employeesLibrary shall determine the positions to be affected. All temporary The following procedure shall be utilized to determine the order of layoffs:
1) Probationary employees and seasonal positions casual part-time employees within the same classification shall be laid off prior to the layoff of first before any regular status bargaining unit part-time employees.
2) Among the remaining employees, so long given equal ability and qualifications to do the available work by employees within a given position, library seniority, as defined in Article 14, shall govern the temporary work falls order in which regular part-time employees within the usual and customary duties of same classification are laid off. When it is necessary to lay off employees, the bargaining unit employee. An employee shall be given notice of a layoff with as much notice as reasonably possible, but no less than Employer will give employees at least fourteen (14) calendar days before advance notice, except in the effective datecase of emergency caused by reasons beyond Employer’s control. Notice The Union shall be provided copies of the layoff will be given to the Local Union President, or designee, and to the employeenotices. Employees Recall shall be laid off in a division happen in the inverse order of layoff. An employee recalled from layoff shall be notified by email and first-class mail with the letter sent to the employee's last known address. It is the employee’s responsibility to update their bargaining unit seniority within email and mailing address with the job description affected by Employer during the period of layoff. The City Manager employee notified shall report to work within ten (10) calendar days after the date of notification or shall be deemed to have refused employment. When filling a vacancy, the employee with the most continuous service within the position who is on a layoff status shall be called back first. If there is no one available within the position to be called back from layoff, employees laid off from other positions will be given first make every reasonable effort consideration. If there are no employees who are on layoff who have the ability to integrate those do the available work, the Township shall be free to hire new employees into another to perform such work. An employee on an indefinite layoff for two (2) consecutive years or for the length of library seniority, whichever is shorter, an employee who refuses an offer of employment for a 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 classified at the same level of pay or lower salary range occupying a position higher than the level from which the employee previously held in the employee’s present departmentwas laid off, or an employee who cannot be contacted to return to employment shall no longer be considered to be on layoff status and shall no longer retain any right of recall. An employee wishing on layoff status shall not be entitled to bump must exercise his pay or her right within five (5) calendar days from the date he or she receives his or her layoff noticebenefits. To bump Said employee will not lose accrued seniority due to the position, the employee must have completed probation in the position they are bumping to. A bump layoff but 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 accrue additional classification 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 circumstanceswhile on layoff status.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If there are changes of duties SECTION 1 Layoff shall mean a reduction in the organization, lack work force due to a decrease of work, work or lack of funds, budget limitation as determined by 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 employeeEmployer. An employee shall be given notice of considered to be laid off who is not working in the classification to which they were last hired.
SECTION 2 When a layoff is determined to be necessary by the Employer, the Union shall be notified promptly. The Union may request to meet with the Employer prior to implementing a layoff. The Employer shall not be prohibited or constrained from instituting a layoff on the basis of attempting to facilitate a meeting. When a layoff is to employee(s) in state or federally funded programs, no meeting shall be scheduled.
SECTION 3 The method of layoff, insofar as much notice as reasonably possibleit does not violate any provision herein, but shall not be subject to the Grievance Procedure.
SECTION 4 Employees to be laid off will have no less than fourteen (14) calendar days before the effective datewritten notice of layoff. Notice The Union will be provided a copy of the layoff will be notice given to each employee.
SECTION 5 A layoff shall be limited to the Local Union Presidentdepartment(s) affected as determined by the Employer. A department is a division of the County which provides a particular County service or function individually funded and managed apart from any other division. Departments with employees who are subject to representation are: Airport, or designeeAnimal Shelter, Administrator/Controller, Building and Grounds, Cooperative Extension, County Clerk/Register of Deeds, Drain Commissioner, Equalization, Information Services, Landfill, Lands and Graphics, Library, Parks and Recreation, Prosecuting Attorney, Public Health, Planning, Sheriff, Treasurer, and Veteran’s Affairs. An employee shall not be entitled to displace an employee in another department but shall be strictly limited to displacements within their assigned department.
SECTION 6 When a layoff is necessary, temporary and probationary employees in the employeeaffected department shall be laid off first, provided the remaining employees are qualified to perform the function required by the Employer. Employees To be qualified, an employee must meet the minimal education, experience and ability standards established for the position. Employee(s) shall be laid off in a division in seniority order from the inverse order of their bargaining unit seniority within least to the job description affected by most senior, provided that the layoff. The City Manager most senior employee(s) qualified to perform the function 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 be retained.
SECTION 7 An employee who is scheduled for layoff may bump but who has sufficient seniority and has the least senior necessary qualifications to displace another employee in their department in a different classification shall be granted a one (1) month trial period. The trial period will provide the County and the employee with the opportunity to become acquainted with the job. If, 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 end 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/licensetrial period, the employee is still eligible unable to exercise this bumping right provided perform 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 function to the workforcesatisfaction of the Supervisor, the employee shall be laid off and the most senior laid off employee qualified for the position shall be recalled.
SECTION 8 When a layoff is instituted, no employee shall be permitted to displace an employee in a higher paying classification salary range or in another department.
SECTION 9 In the event two or more employees have equal seniority, layoff shall be by employee payroll number. The employee(s) with the highest employee payroll number(s) shall be considered to have the least seniority.
SECTION 10 During the period of layoff, an employee that is bumped will not shall accrue no seniority nor be eligible for any fringe benefits.
SECTION 11 A laid off or displaced employee shall have a right to bump and will be laid off. When layoffs occur recall rights in a partaccordance with Article 14 -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 When it is necessary to reduce the number of duties in the organization, lack of work, or lack of fundsemployees, the City Manager may lay off employeesBorough shall determine the number and specific position control numbers (PCN) of positions to be eliminated. All temporary and seasonal positions The employees within the department who are of the same job classification as the position to be eliminated 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 laid-off 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 divisionseniority, a bargaining unit employee scheduled for layoff may bump the least senior employee at the same first. Where two (2) 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 more employees' seniority 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 of each other, the employees shall be laid off based on skills, performance and ability. Employees to be laid off (above) will be given bumping rights to existing bargaining unit positions, for which they are qualified and for which they have more seniority than the incumbent. Bumping rights apply only to positions at the same or lower pay range. Part-time employees may not bump full-time employees. Qualifications will be based on the existing job descriptions, including addendums, at the time of layoff. Employees transferring to a lesser job as a result in of such a “Bump-down" due to layoffs, shall be compensated at the employee’s terminationcurrent range of the position transferred to while retaining their current step, anniversary date, seniority and benefits A laid-off employee shall have the right to a preference for any temporary or on call position of the Borough for which the laid-off employee is qualified. The laid-off employee shall enter the range of classification advertised for the position, but shall retain his/her longevity steps. The employee shall remain on layoff status during periods of non-regular employment with the Borough. In an effort attempt to minimize avoid layoffs, with the disruption mutual agreement of the Association and consistent with work requirements, the Borough will seek to find employees who volunteer to take leave without pay or to work a reduced work week, and then consider reduction of employee work hours equally distributed among affected personnel. The Borough will appoint a qualified employee scheduled for layoff to a vacant MSBEA position of an equal or lower classification before hiring any other person except another regular employee for the workforceposition. When two (2) or more employees have relatively equal qualifications, an the Borough shall appoint the employee that is bumped will not have a right to bump and will be laid offwith the most seniority. When layoffs occur in are determined, the MSBEA employees affected will be given 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.minimum of thirty
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. In the event of a work shortage, for the purpose of layoffs and for the purpose of recalling those to work who have been laid off, seniority will be applied on a plant wide basis and the following factors shall be considered, seniority, efficiency, skill, physical fitness, and ability to the job within an eight (8) hour period. It is agreed that where efficiency, skill, ability to perform the work and physical fitness are relatively equal, seniority as herein defined will govern. In the event there is a work shortage which results in a permanent reduction in operations, the junior displaced employee shall displace the most junior employee within a job group parallel to his group or below provided he has the seniority, ability, physical fitness and qualifications to perform the job after an adequate familiarization period. If he refuses such assignment, he ▇▇▇▇ then be assigned to in his Department (excluding the sweeper and janitors classification). In the event there are changes is a work shortage which results in a temporary reduction in operations, the junior displaced employee will be assigned, by the Company, to a job group provided he has the seniority, ability, qualifications and physical fitness to perform the job after an adequate period. if he refuses such an assignment the procedure above will apply. In the event that a job is eliminated, within the plant, the affected employee will exercise their right to bump under Article If no history is available the Union and the Company will investigate as fairly as possible to determine the displaced employee's status. When the job status of duties the displaced employee still cannot be determined, the affected employee will have the right to displace the most junior employee in any job provided he has the seniority, skill and physical fitness immediately perform the job within an eight (8) hour period. If the employee cannot perform the job satisfactorily, he will be assigned a job in Group It is understood that such employee can exercise the right only once and within a ten working days period from the date their job was eliminated. The displaced employee shall displace the most junior employee within a job group parallel to his group or below provided he has the seniority, skill, ability, physical fitness and qualifications to perform the job. When operations increase again the above assignments will take in reverse. Article shall apply to an employee who is about to be laid off from the Plant. Such an employee shall be permitted to displace a less senior employee in a higher group providing he has the skill, ability and physical fitness to perform the job within an eight (8) hour period. I The Company will give five (5) days notice of layoff or pay thereof in advance of the effective date which will be Friday of any week.
I I When part of the operation is shut down on a permanent basis the displaced incumbent will have the option to return to their job should the Company decide to reactivate that part of the operation, within an eighteen (18) month period, even if these employees have since then been awarded other job position. The Company will five (5) days notice of layoff or pay in lieu thereof in advance of the effective date, which will be Friday of any week. In the event of a layoff, the Union's President, Recording Secretary, Financial Secretary, Treasurer and Chief ▇▇▇▇▇▇▇, during their respective of office, will be retained in the organizationemploy of the Company as long as there is work available which they are qualified and willing to perform, regardless of their position on the seniority list. An employee assigned by the Company to another job as a result of a disciplinary demotion, will receive the rate of the job to which he is assigned. A qualified employee temporarily assigned at the convenience of the Company to another job will receive the rate of the job to which he is assigned or the rate of the previously held job, whichever is higher. Any such temporary assignment will be for a period of no longer than sixty (60) calendar days. An employee assigned to another job as a result of a work shortage, which occurs during a pay period, will receive the rate of the job, which he previously held for the balance of the pay period, which shall not be than three (3) working days. Thereafter, he will receive the rate for the job which he is assigned for the balance of such assignment. In the event such an assignment occurs on the first day of a scheduled workweek, an employee will receive the rate of the job, which he previously held for a period of five (5) working days. Thereafter, he will receive the rate of the job to which he is assigned for the balance of such assignment. the event of a recall following a return to work from a work shortage, the affected employees must return to their incumbent job when available. Beyond the Government's current requirements, the Company agrees to pay any employee with more than one year of service but less than five (5) years of service, and who is permanently laid off due to lack of work, or lack one week's pay at his regular hourly rate for each year 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 circumstancesservice completed.
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 4 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 their 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 Marion 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 Marion County Human Resources of any change in their 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. If there are changes Layoffs shall be administered in accordance with University policy except as stated below. Seniority will prevail on layoffs due to lack of duties work in the organizationjob classification, lack efficiency reorganization or reductions due to economic considerations. Seniority will prevail on call backs within one (1) year from layoff. A layoff shall be affected in the following manner:
a) Filling a vacancy at any of workthe RBHS Libraries
b) Bumping into a position at any of the RBHS Libraries A list of vacant positions will be available for review in the Campus Human Resources offices. Within their respective departments/work units, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions librarian unit members shall not be laid off prior to before temporary or probationary librarian unit members in the same job title, that is, Librarian I, II or III. Librarian unit members affected by a layoff of may exercise bumping rights within their job title within any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeeRBHS Libraries. An employee Bumping rights shall be given notice exercised in accordance with the provisions of this Article, Librarian unit members choosing not to exercise their bumping rights remain eligible for recall consistent with the provisions of this Article. Librarian unit members shall serve a probation period of ninety (90) days in a new position whether such placement is due to filling a vacancy, exercising a bump, or as a result of a layoff with as much notice as reasonably possiblerecall, 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 except that 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 or is recalled into the positionsame job title within the same department shall not be required to serve probation. Probation can be extended, at the option of the University, up to an additional ninety (90) days. Failure of a librarian unit member to make satisfactorily complete the probation within six (6) months will period shall result in the employeelibrarian unit member being placed on a recall list for up to 1(one) year. If the librarian unit member is recalled and again fails probation, such librarian unit member’s terminationemployment at the University shall be terminated and all layoff and recall rights shall cease. In an effort to minimize All librarian unit members shall be covered by the disruption to layoff policy regardless of salary range, consistent with the workforce, an employee that is bumped will not have following provisions:
a) Librarian unit members employed under a right to bump and will be laid off. When layoffs occur in a partJ-time position, part-time seniority canVisa shall not be applied to eligible for coverage.
b) Librarian unit members employed under an H-Visa shall have bumping rights only into the same full- time position in the department. This means job classification The University will provide a part-time employee cannot bump a full-time employee under minimum of fifteen (15) working days notice of layoff to any circumstanceslibrarian unit member affected.
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 #3 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 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 it becomes necessary to reduce St. Christopher’s Pediatric Associations work force because of duties in the organization, lack of work, funding or lack of fundsan emergency that curtails normal operation, the City Manager may lay off following shall apply:
1. In the event of a layoff within a department, unit, or shift, all non-bargaining unit Employees in the classification affected, including all daily and traveling agency 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 first. Probationary Employees 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 job classification shall be laid off in a division in the inverse order of next, followed by regular full-time and part-time employees, based on their bargaining unit seniority. The Practice shall allow nurses to voluntarily reduce hours or take a layoff in the affected area, in order to meet the necessary reduction. The order of any layoff shall be based on inverse bargaining seniority within order, which can be superseded only in the job description affected situation where a nurse with less than ten (10) years of seniority has at minimum, an unpaid suspension in the immediately preceding six (6) months for engaging in a pattern of conduct that has led to such unpaid suspension.
2. In the event an Employee is scheduled to be laid off in one department/unit and there exists a vacant position or a position filled by a probationary Employee in another department which the Employee has the present qualifications, skills, ability, licensure and/or certification to perform; then bargaining unit seniority shall prevail in assigning such Employee scheduled to be laid off to such vacant position or position filled by the layoffprobationary Employee.
3. The City Manager shall first make every reasonable effort to integrate those If there are no vacant positions or positions occupied by Probationary employees into another position by transfer or consider alternatives to layoff by the Union. Within individual divisionavailable, a bargaining unit employee scheduled employees targeted for layoff may bump the least senior comparable 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 bargaining unit, provided they have more bargaining unit seniority and have the date he or she receives his or her layoff notice. To bump to the positionrequisite qualifications, 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 skill and ability to perform the essential functions of job with an orientation, which could vary from nurse to nurse but could take up to two (2) weeks. Employees to be laid off shall be given at least one (1) week notice, or pay in lieu thereof, except in emergency situations. Probationary Employees need not be given any notice prior to layoff.
4. While rare, it is recognized that an Employee may be retained due to special training, knowledge or ability who has less seniority than the 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 one who 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 Practice will state the reason in a part-time position, part-time seniority cannot be applied writing to the same full- time position in Union and the departmentaffected Employee. This means a part-time employee cannot bump a full-time employee under any circumstancesDisputes regarding this paragraph are subject to Article 14, Grievance Procedure and Arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If (a) The company will endeavor to give at least (2) two weeks notice of layoff where business circumstances permit. Where business circumstances do not permit this notice, the Company will explain the circumstances to the Union at the time the notice is given.
(b) In laying off, and in determining shift assignment as between employees doing the same job, seniority shall be the determining factor as follows:
(i) All jobs with Learner periods shall be filled by the senior persons who are fully qualified on the job, (have successfully completed all of the Learner Periods of the job as evidenced by documentation on Company records) or currently in a Learner position on the job. However it is understood and agreed the Company shall have the right to retain the most senior fully qualified employee if it establishes that there are changes is not one (1) fully qualified employee available to train on the same shift,
(ii) All jobs that do not have Learner Periods shall be filled in order of duties seniority. However it is understood and agreed that in all cases the company shall have the right to pass over an employee if it establishes that he does not have the necessary skill, ability and physical fitness to perform the work available. For a layoff which in the organizationjudgment of the company will not extend beyond three (3) consecutive days, lack ap pli cat io n of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions seniority shall be by department or skilled occupational group w i t h i n the department. A longer layoff will be dealt with by applying seniority on a plant- wide basis. When the Company shuts down it’s operations for a specific period of time, any available work assignments during the shutdown period will be dealt with by applying seniority on a plant wide basis as per 8.05 (a). At the end of the shut-down period, all employees who were reassigned or laid off will return to the job they were holding immediately prior to the layoff shutdown. The Company will provide a familiarization period of any regular status bargaining unit employees5 working days to employee’s who bump into a job. The Company will provide a familiarization period of ten (10) working days to employees who bump to a job, so long where the job has changed 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 evidenced by G-Forms attached 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 dated after 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 circumstanceslearner periods were completed.
Appears in 1 contract
Sources: Collective 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 SLPOA MOU January 1, 2023 - June 30, 2028 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, Human Resources 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 they were 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 their present departmentpay step. An employee wishing involved in a layoff does not have a right of mandatory placement to bump must exercise his positions with a higher pay step, i.e. promotion. Provisional employees shall be notified individually, in writing, of pending layoff as soon as possible, with no less than fifteen (15) calendar days' notification if targeted for release or her right reassignment. Permanent and probationary status employees should be notified individually, in writing, of pending layoffs as soon as possible, with no less than fifteen (15) calendar days' notification if SLPOA MOU January 1, 2023 - June 30, 2028 targeted for release or demotion. Notice to an employee absent from work for any reason shall be sent by U.S. Mail - Return Receipt Requested. If an employee fails to accept a bona fide offer of demotion within five (5) calendar days after receipt of the offer, the employee forfeits further right to employment retention. Acceptance of a demotion does not remove the right of appeal under the appeal procedure described below. The names of all probationary and permanent employees released or demoted from positions in the competitive service as a result of layoff or demotion must be placed on Reemployment Lists for those classifications from which the employee was removed, as well as all other classifications to which they have demotion rights in accordance with employee retreat rights. The Reemployment List for employees who were laid off shall remain in effect for two (2) years from the date he of the layoff. Said list shall remain in effect indefinitely for employees who were demoted. Vacancies in any classification for which there is an active Reemployment List must use the Reemployment List to fill their positions and may not use any other recruitment or she receives his or her layoff noticeappointment method to fill a vacancy until appropriate Reemployment Lists have been exhausted. To bump When a vacancy occurs in a class for which there is a Reemployment List, the name of the employee on the appropriate Reemployment List with the highest Seniority Date shall be certified to the positionPolice Chief. Employees so certified from the Reemployment Priority List must be appointed to the existing vacancy. If a former employee fails to accept a bona fide written offer of reemployment with five (5) calendar days after receipt of the offer, their name will be removed permanently from the Reemployment List from which the offer was made. Failure to accept an offer of reemployment to the class with the highest pay step for which the employee is eligible for reemployment will result in automatic removal from all Reemployment Lists. However, the employee must have completed probation in may decline (or accept) reemployment to a lower pay step classification without jeopardizing their standing on the Reemployment List for the classification from which they were originally terminated. Upon reappointment to the classification from which the employee was originally separated or demoted, the employee has the right to be placed at the pay step, which the employee held at the time of layoff or demotion. Upon reappointment to the classification from which the employee was originally separated or demoted, a medical examination may be required to determine compliance with physical/mental requirements of the position they are bumping to. A bump will only be allowed if to which the employee is still able being reappointed. Such examination(s) shall be performed by a City designated physician and shall be at City expense. Any permanent or probationary status employee, who is laid off or demoted as a result of layoff, who believes that the layoff procedure has been improperly administered as it pertains to perform the essential functions employee's case, may appeal the action under the Grievance Procedure. In addition, employees may, at all times, before, during and subsequent to layoff, review all records, including Seniority Lists, Reemployment Lists, which pertain to their classification and their rights under the provisions of the job and has all the qualifications presented in the job descriptionlayoff policy. In the event an employee does not currently have the relevant certification/licenseSLPOAMOU January 1, 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 workforce2023 - June 30, 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.2028
Appears in 1 contract
Sources: Memorandum of Understanding
Layoff. If there are changes (a) Layoff is defined as a loss of duties a position by reason of a mandatory reduction in the organizationnumber of occupied positions on a unit due to a work force reduction.
(b) The parties recognize their mutual interest in avoiding layoffs and maintaining a stable and secure work force. When the Hospital Center needs to achieve economic savings which may entail or result in layoffs, lack it shall meet with the Association sixty (60) days in advance of workthe contemplated layoffs to discuss:
1. job security;
2. whether the savings can be practicably achieved without resort to layoff; and
3. if layoff is necessary, or lack how the affected nurse's job rights are to be protected with minimal disruption. The Hospital Center will make its best effort to maintain the affected nurse in comparable employment per Sections 5.08 and 5.09 of fundsthe contract. Once the sixty (60) day notice has been given, request for transfer and/or shift changes will not be approved and vacancies will be frozen. The sixty (60) day notice will include the City Manager may lay off employeespositions being eliminated, displacement list, seniority lists, (alphabetical, by clinical division, least senior to most senior) and the current vacancy list. All temporary and seasonal positions The vacancy list will be updated weekly until layoff process is completed. In the event of a layoff in a job title covered by this Agreement, probationary employees within the job title within the clinical division affected shall be laid off prior first without regard to their individual period of employment. Regular employees serving a probationary period due to promotion, transfer, or temporary assignment to a position other than their regular position shall be considered non-probationary for the layoff purposes of any regular status bargaining unit employeesthis Section. Where an employee who is on a leave of absence returns within three (3) months as required by Section 8.02, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. An such employee shall be given notice of a entitled to exercise his/her layoff rights in accordance with this Section as much notice as reasonably possible, but no less than fourteen (14) calendar days before if he/she were an incumbent in that position at the effective date. Notice time of the layoff will layoff. Any temporary employee filling the position of the employee on leave shall be given to considered probationary for the Local Union Presidentpurposes of layoff. Next, or designee, and to non-probationary employees in the employee. Employees job title within the clinical division affected shall be laid off in a division in the inverse reverse order of their bargaining unit seniority with the least senior employee laid off first. This paragraph is subject to the minimum staffing requirements of Section 5.08(l).
(c) There will be two (2) categories of employees affected by a layoff, displaced or subject to layoff. Displaced employees are RNs who are not among the least senior nurses in the clinical division but whose units are being downsized or closed. If a unit is being downsized, the least senior employees on the unit will be affected regardless of shift. Once the sixty (60) day notice is given and a vacancy occurs on an affected unit, then the most senior employee on the displacement list on that unit may take that vacancy and be removed from the displacement list. RNs subject to layoff are those RNs who are the least senior in their clinical division regardless of whether their unit is being closed or downsized. When employee occupied positions are being eliminated, employees in those positions will be placed on the displacement list unless they are the least senior in the clinical division in which case they will be placed on the subject to layoff list. The Employer will then give layoff notice to additional employees within the job description affected clinical division starting with the least senior, equal to the number of full-time and part-time positions on the displacement list minus the number of existing vacancies. Employees who are being displaced then get to choose by bargaining unit seniority from a vacancy list that includes vacancies created as set forth above plus already existing or newly created vacancies. Employees will maintain their full or part-time status at their option within the clinical division. If an employee does not choose from the clinical division vacancy list, he/she will be subject to layoff and allowed to choose from the Hospital-wide vacancy list that will subsequently be available to all employees subject to layoff. The City Manager shall first make every Hospital Center will begin placement interviews not less than one (1) week after providing the vacancy list to the Association absent pending arbitration regarding 5.08(l). Placement decisions will be made during the appointment with the nursing recruiter, designee or by the conclusion of the scheduled interview appointment time. If after making a reasonable effort to integrate those contact the nurse, the Hospital Center fails to do so, the Hospital Center and the Association will consult on a placement decision. Once the displaced employees into another position by transfer or consider alternatives have made decisions, the employees on the subject to layoff list then get to choose by the Union. Within individual division, a bargaining unit seniority from among the remaining Hospital-wide vacancies as set forth in the preceding paragraph.
(d) Once the vacancy list is exhausted or there are no available vacancies on the employees shift, then the employee scheduled for layoff may bump either the least senior employee in the same or next lower job title working on the same shift, regardless of the clinical division. Employees who have been bumped as a result of the above may then bump the least senior nurses in the Hospital regardless of shift. If an employee chooses to bump into a lower job title, the employee will be paid at the same or lower salary range occupying job title rate.
(e) If a position the part-time employee previously held who is scheduled to be laid off has greater full- time equivalent bargaining unit seniority than a full-time employee in the employee’s present departmentsame job title, the part-time employee must choose to either accept a full-time position to which he/she is entitled under this Section by filling a vacant position, or if no vacant positions are available, by exercising bumping rights, or in either instance, choose to be laid off.
(f) An employee may choose, at his or her option, to be laid off in lieu of accepting a vacant position or bumping into a different position to which they may be entitled under this Section. An employee wishing who chooses layoff rather than accepting a vacant position has no preferential recall rights as described in Section 5.08(j).
(g) At no time may an employee of less bargaining unit seniority bump an employee of greater bargaining unit seniority, regardless of job title. There will be two bumps for each employee that is laid off.
(h) Employees who as a result of the elimination of their position move into a vacant position in a lower job title or bump into a lower job title shall be given the opportunity to schedule and take all accrued vacation, earned holidays and personal days before moving into the lower status.
(i) The Hospital Center will provide only to non-probationary employees no less than thirty (30) working days' notice to employees initially affected by a layoff and will provide compensation to employees who involuntarily suffer a loss of employment resulting from such layoff to the extent of one day's pay at the employee's regular rate of compensation for each day such notice was initially deficient.
(j) Employees who are displaced by bumping or accept vacant positions that are not on the same shift within their clinical division and full or part- time, whichever the employee affected worked, shall be placed on a preferential recall list for filling subsequent vacant positions within any clinical division. Preferential recall list shall supersede the recall list. Where two or more employees are under consideration for the same position, then bargaining unit seniority shall prevail. Employees who step down to a lower salaried title within their clinical division will be placed on the preferential recall list for recall to their higher title in that clinical division. Any employee placed on the preferential recall list shall remain on this list until he/she accepts any vacant position, regardless of clinical division, or in the case of a laid off employee, until that employee's seniority is terminated in accordance with this Agreement. In no event will an employee remain on the preferential recall list in excess of one (1) year. When an employee is offered a vacant position under this provision, the employee must commit in writing within eight (8) calendar days to accept that position and actually begin said assignment within two (2) weeks of its being offered or forfeit his/her preference for that position. An employee may receive an additional one (1) week to return to work where illness of the employee is the cause of the delay and is certified by a doctor, or where another provable reason makes it impossible for an individual to return on time, provided the employee provides written notification of such reason within eight (8) calendar days as discussed above.
(k) Orientation shall provide the employee with the opportunity to acquire skills to perform in the area chosen. Skilled for the purposes of this Section shall be defined as the ability to provide independent, safe, direct patient care with responsibility for a full and regular work assignment in the patient care unit within a period not to exceed ninety (90) working days (18 weeks). No employee shall be denied the right to bump must exercise his into a unit on the basis of this provision. Employees who do not achieve the above definition of "skilled" may opt to go on a subject to layoff list and choose from positions in their previous clinical division only if vacancies and seniority allow them to do so. If they are unable to fill a position, then they will receive terminal benefits and be placed on the recall list where they will be restricted to vacancies in their previous clinical division.
(l) The Hospital Center and the Association are both committed to providing the highest quality patient care. They recognize that there may be instances where the operation of the layoff or bumping provisions of the contract would adversely affect patient care by the depletion of employees with the present ability and experience in certain patient care areas. In this event a committee will be convened comprised of Council members and the Vice-President for Nursing, or his/her right designee, to establish minimum numbers of RNs with the present ability and experience to ensure that specific patient care areas maintain appropriate standards for safe, specialized care despite layoffs or bumping. Any numbers the parties are unable to agree on will be submitted to Arbitration. Where strict application of the other provisions of Section 5.08 would cause a particular patient care area to fall below the established minimums, then the next least senior employee in any clinical division within the job title affected, the loss of whom would not cause a particular patient care area to fall below the established minimums, will be laid off or bumped. If the employer wishes to utilize the process set forth in this paragraph, the Employer will meet with the Association within five (5) calendar days of issuance of the sixty (60) day notice set forth in 5.08 (b). A dispute regarding the implementation of Section 5.08 (l) shall be submitted by either party within five (5) days of the meeting to the American Arbitration Association. American Arbitration Association will contact the Arbitrators from a predetermined list agreed to by the parties and choose an Arbitrator who is available to hold a hearing not less than fifteen (15) days or more than twenty-five (25) days from the date he filing date. If no Arbitrator on the list is available, then American Arbitration Association will immediately contact the parties in order to find a mutually agreeable Arbitrator who is available. The Arbitrator will issue a decision within twenty-four (24) hours. The question before the Arbitrator will be, “What is the minimum number of experienced RNs required to maintain appropriate patient care?” This paragraph is applicable only during times of layoff or she receives his or her layoff noticerecall affecting those limited nursing care areas described herein and is not intended to establish operational minimum staffing numbers. 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 None of the job patient care areas described herein is automatically and has all completely exempt from the qualifications presented regular operation of the seniority provisions of this Section. The Association recommends that the Employer utilize per diem instructors in order to minimize the job descriptionusage of this paragraph.
(m) The Hospital Center and the Association agree that the clinical divisions for purposes of lay off are as follows:
1. LDPP, Labor and Delivery, Fetal Evaluation Units, Birthing Center, Maternal Infant Care Unit
2. Operating Room (SLR and ▇▇▇▇▇▇▇), Ambulatory Surgery (SLR and ▇▇▇▇▇▇▇), ▇▇▇, Endovascular Suite
3. PACU, ICU, CCU, Neuro ICU, Cardiac Catheritization, Emergency Department, (including pediatrics) Progressive Care ▇▇▇▇▇ (▇▇ ▇▇, ▇▇ ▇▇▇, ▇▇ ▇▇▇) and Interventional Radiology
4. Medicine and Surgery, Rehab, Endoscopy/GI Unit, Infection Control, Hemodialysis, Radiation Oncology, Pap Smear, Discharge Planner, Infusion Services
5. Psychiatry, In-Patient Substance Abuse Rehabilitation and In Patient Detox, CPEPs
6. Home Care
7. In-Patient Pediatrics and NICU, Pediatric Intensive Care Unit
8. Ambulatory Care, Psychiatric Clinics, HIV Clinics, Outpatient Substance Abuse, Addiction Institute Evaluation Unit, and Ambulatory Mental Health Services
9. Utilization Review An employee’s clinical division shall be determined by the Vice President for Nursing. In the event that an employee does existing area of clinical practice is not currently have the relevant certification/licenselisted above or a new area is created, 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 area will be laid off. When layoffs occur in a part-time positionplaced into one of the above categories by mutual agreement of the Association and the Vice President, 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 circumstancesNursing and Patient Services.
Appears in 1 contract
Sources: Collective Bargaining 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
Layoff. If there are changes of duties Should the Employer determine the need to reduce the work force, it shall occur as follows:
A. Temporary 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 employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employeefirst. 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 If further reduction is necessary then probationary employees will be given to the Local Union President, or designee, and to the employee. Employees shall be laid off next.
B. If further reductions are necessary, employees will 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 or other Employer actions will be allowed to use their seniority to
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 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 position within the bargaining unit, which ever comes first.
E. Employees to be laid off for an indefinite period of time will have at least ten (10) work day’s notice of layoff except in emergency. The local Union President or their designated representative shall be sent a partlist of the employees being laid off.
F. Laid off employees and 10-time position, part-time month employees may sign up in the Maintenance Office for substitute work in their own Division or in other Divisions on the basis of seniority cannot and qualifications. A copy of the signed substitute sheet will be applied given to the same full- time president of the Union.
G. An employee who has been laid off, and who is called to substitute in his/her own Division, will be paid at Step 1. When the employee is called to substitute in other than his/her own division, s/he will be paid at the district sub rate.
H. A laid off employee who is assigned to a position in known to be vacant for at least twenty-five (25) work days shall have medical, optical and dental insurance effective the department. This means a part-time employee cannot bump a full-time employee under any circumstancesfirst of the month following assignment.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If there are changes of duties 7.1 In the event a decrease becomes necessary in the organizationwork force, the Library and the Union shall meet and engage in FMCS’s Interest Based Problem Solving (IBPS) process with respect to the layoff. The Library and the Union shall have a maximum of four (4) representatives each at each session of the IBPS process, all of whom shall undergo IBPS training. The Library shall provide the Union with a current bargaining unit seniority list and an updated classification list. During the IBPS process, the Union shall not dispute the decision of the Library with respect to the amount of funds necessary to be cut, the right to reorganize the work force or the determination by the Library that a reduction in the work force is necessary due to lack of work, or lack of funds. Further, the City Manager may lay off employees. All temporary and seasonal IBPS process shall not include discussions regarding the elimination of non-bargaining unit positions shall be laid off prior to or the layoff of any regular status bargaining unit employeesmanagement personnel. The Library and the Union agree to engage in the IBPS process for at least one (1) week, so long as which shall be extended to two (2) weeks by mutual agreement of the temporary work falls within parties. Should the usual and customary duties IBPS process not be successful, the following layoff language shall apply.
7.2 The Library shall give written notification of the layoff to the bargaining unit employee. An employee shall employee(s) that may be given notice affected, and the Union, thirty (30) days in advance of a layoff with as much notice as reasonably possiblethe effective date of layoff, when feasible, but no less later than fourteen (14) calendar days before in advance of the effective datedate of layoff. Once this Notice is issued by the Library, employees who anticipate that they will not be readily available (e.g., anticipate going on vacation out of town) will notify the Head ▇▇▇▇▇▇▇ and the Director of the layoff Library; and arrangements will be given made concerning how to contact the Local employee in the event that employee is subject to a layoff Notice. The Library and the Union Presidentagree to work cooperatively to inform the employees as to how the layoff process will proceed.
(a) In the event it becomes necessary for the Library to layoff employees covered by this Agreement, or designeeit shall first layoff in the order: employees who volunteer to be laid off, temporary employees (where the layoff does not cause the Library to lose grant funds), and to the employee. Employees then probationary bargaining unit employees.
(b) A layoff of full-time or part-time employees covered by this Agreement shall be laid off in a division in done on the inverse order basis of their bargaining unit seniority within the job description affected by the layoffclassification(s). The City Manager shall first make every reasonable effort to integrate those employees into another position by transfer or consider alternatives to For layoff by the Union. Within individual divisionand recall purposes only, 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 full-time 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 working in excess of twenty (620) 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 hours in a part-time positionwork week, part-time seniority cannot be applied to the same full- time position in the department. This means and a part-time employee cannot bump is one who works twenty (20) hours or fewer in a full-time employee under any circumstances.work week. For purposes of this article “classifications” in order of precedence (highest to lowest) are defined as follows:
1. Librarian Assistant Department Head 2. Librarian 3. Library Associate 4. Computer Network Tech 5. P.R. Assistant 6. Computer Equipment Tech
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. a. If there are changes a reduction in force is necessary, layoffs shall take place within a designated department or job classification in inverse order of duties the date of hire into the job classification.
b. The Employer shall simultaneously provide the Union and the employee(s) concerned a two (2) week notice of layoff. The Union may request, and have scheduled, a meeting with the Executive Director of the Office of Legal and Employment Affairs or his designee to discuss possible alternatives; however, the final decision rests with the Employer.
c. When an employee is scheduled for layoff due to reduction or reorganization in the organizationworkforce, lack of work, or lack of fundsprior to any bumping permitted pursuant thereto, the City Manager may lay off employees. All temporary and seasonal positions non-probationary employee shall be laid off prior to considered for transfer into a vacancy if one exists and, if determined qualified by the layoff of any regular status bargaining unit employeesEmployer, so long as transferred into said vacancy. Transference into the temporary work falls within vacant position carries a ninety (90) day performance based probationary period. During said period, if the usual and customary duties of Employer is not satisfied with the bargaining unit 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 remain entitled to recall for the remainder of the recall period but shall not be entitled to bump again unless recalled and he successfully completes the associated probationary period, after which he is again laid off. Existence of the probationary period satisfies the notice of layoff requirement. Nothing herein waives or modifies the right of the Employer to terminate an employee for just cause at anytime. 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 shall be given notice permitted to exercise his seniority rights to replace (bump) an employee with less seniority provided the employee with greater seniority is qualified to perform the work and provision c. above has been followed, if applicable.
i. For purposes of this Agreement, “qualifications” shall be determined by the Employer. However, the Union may discuss any questions of “qualifications” with the designee of the Office of Legal and Employment Affairs (or its successor) and/or the Labor Management Committee established under Article XX, Labor/Management Committee, of this Agreement.
ii. Bumping is permitted laterally or downward in a classification only and only in a classification for which the non-probationary employee has greater classification seniority than the employee bumped. Qualifications review of a layoff bumping applicant shall begin 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 held 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 classification of the date he or she receives his or her layoff notice. To bump bumping applicant and proceed to the positionnext least senior held position in that classification until an actual bumping is accepted by the Employer, the employee must have completed probation in the position they or until all less senior positions 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 descriptionexhausted. In the event an employee does not currently have of failed bumping into the relevant certification/licensesame classification from which laid off, a bumping applicant shall be entitled to a qualifications review of the first to fifth least senior held positions in another classification for which the employee is still eligible to exercise this bumping right provided the pertinent certification/license is and can holds seniority. No employee may be obtained within six (6) monthsbumped more than once during any fiscal year.
iii. An employee who bumps another employee must complete probation in successfully exercising his bumping privileges, pursuant hereto, shall serve a ninety (90) day performance based probationary period. During said period, if the position. Failure to make probation within six (6) months will result in Employer is not satisfied with the probationary employee’s terminationperformance but no earlier than sixty (60) days into the probationary period, it will then place such employee on layoff. In an effort An employee thus laid off shall remain entitled to minimize recall for the disruption to remainder of the workforce, an employee that is bumped will recall period but shall not have a right be entitled to bump again unless recalled and will be he successfully completes the associated probationary period, after which he is again laid off. When layoffs occur in a part-time position, part-time seniority canExistence of the probationary period satisfies the notice of layoff requirement. Nothing herein waives or modifies the right of the Employer to terminate an employee for just cause at any time. Discharge during the probationary period is not 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 circumstancesgrievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If there 19.01 A layoff shall be defined as the elimination of a term position, or a reduction in hours during the course of a term position. It is understood that the normal periods without scheduled instruction for specific courses and programs such as the Summer, Christmas and March breaks are changes not subject to displacement procedures as contained in this Agreement.
19.02 In the event of duties a layoff, the employee in the organizationterm position, lack of workas identified by the employer, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall will be laid off or reduced in hours of work for the duration of the term position period. The employer will provide two weeks notice 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 layoff.
19.03 A laid off 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 opportunity of displacing a division probationary employee in the inverse order of their bargaining unit seniority within same job classification and 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 divisionsame salary classification, a bargaining unit employee scheduled for layoff may bump the least senior employee at with the same or lower salary range occupying a position the employee previously held fewer hours per week as they had in the employee’s present department. An term position prior to being identified for laid off, provided the senior employee wishing to bump must exercise his or her right within five (5) calendar days from has 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 job in a manner which will not adversely affect the efficiency of the department beyond a short term familiarization period of no more than thirty (30) working days. The laid off employee may exercise this right or may choose not to displace and be placed on the Temporary Redundancy List.
19.04 Where there are no probationary employees in the classification and the same salary classification, with the same or fewer hours per week as they had in the term position prior to being identified for laid off, the laid off employee may displace the employee with least seniority in the same job classification and the same salary classification, with the same or fewer hours per week as they had in the term position prior to being identified for laid off, provided the senior employee has all the qualifications presented in to perform the job descriptionin a manner which will not adversely affect the efficiency of the department beyond a short term familiarization period of no more than thirty (30) working days. In The laid off employee may exercise this right or may choose not to displace and be placed on the event Temporary Redundancy List.
19.05 If the employee chooses to displace an employee does not currently with the same or fewer hours per week, they will have the relevant certification/licenseremainder of the school year to restore their hours lost due to layoff. They will be given first priority over transfer requests to restore lost hours. Where an employee fails to restore their hours by the end of the school year, they forfeit their right of recall to said hours and have no further entitlement to the number of hours.
19.06 If an employee chooses to displace, the displacement will occur at the beginning of the next term. Where the displaced employee is still eligible to exercise this bumping right provided has seniority, they will 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 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 Temporary Redundancy List and will be laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied subject to the same full- time position in recall provisions of this Agreement. Where the department. This means displaced employee is a part-time employee cannot bump a full-time employee under any circumstancesprobationary employee, their employment will be terminated.
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 1. Should it become necessary in the organization, lack of work, or lack of fundsany department to layoff any employee, the City Manager may lay off employees. All temporary and seasonal positions shall parties hereby agree that employee(s) will be laid off in accordance with the following guidelines:
2. Layoff Procedure
3. The order of layoffs is as follows:
a. Temporary employees;
b. Probationary employees;
c. Full-time or part-time employees in a qualifying status;
d. Full-time or part-time employees in reverse order of their seniority. The employee with the least classification seniority shall be released first. In the case of a tie, within classification seniority, the employee with the least City employment shall be released first.
4. Any employee laid off shall have his/her name placed on the layoff register for that classification pursuant to Section C below.
5. Bumping and Recall rights
a. An employee who is laid off shall have the right to bump to another classification that the employee previously held within the bargaining unit, and/or within the Job Series Progression within the bargaining unit as indicated in Appendix B, where they have sufficient seniority and that is in the same or lower grade as the employee's current grade.
b. Bumping shall be into the position occupied by the least senior employee in the classification. That least senior employee will then be added to the list of employees included in the layoff and may exercise all the rights contained in this article.
c. An employee who bumps to another previously held classification shall carry their current classification seniority to the new job.
d. An employee who elects to bump into another classification previously held retains the right to be on the layoff register for the classification from which they were laid off.
e. Any employee who is recalled to a job with the same or more scheduled work hours they held prior to the layoff of shall forfeit any regular status bargaining unit employees, so long as future right to be recalled to that same classification if they decline 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. recall offer.
f. An employee who bumps another was laid off may accept an offer of a part-time position with fewer scheduled work hours in that same classification without forfeiting their right to be recalled to their prior scheduled work hours in that same classification.
g. Any employee must complete probation in the position. Failure to make probation who is recalled, or bumped into a prior classification, shall obtain any required certifications within six (6) months will result in the employee’s terminationof reinstatement. 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 canEmployees may not bump outside bargaining units represented by Local 39.
h. When a full-time reduction in force is contemplated, the City agrees to meet and confer with the Union on the impact including consideration of PERS buyout, continuation of employee under any circumstancesmedical plans and other possible incentives to early separation.
Appears in 1 contract
Sources: Labor Agreement
Layoff. If there are changes of duties in is a layoff amongst hourly Couriers the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions junior shall be laid off prior first and shall have the right to bump the layoff of any regular status bargaining unit employees, so long junior full- time Sorter if the Courier was full-time and has greater seniority and the junior part-time Sorter if the Courier was part-time. A full time ▇▇▇▇▇▇ displaced as above who has greater seniority may bump the temporary work falls within the usual and customary duties of the bargaining unit employeejunior part-time Sorter. An employee shall be given notice of If a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before is initiated amongst full-time Sorters the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees most junior full- time shall be laid off in and may bump the most junior part- time if that has less seniority. If a division layoff is initiated amongst part-time Sorters the most junior part- time shall be laid off. If there is a permanent reduction in the inverse order daily hours of their work for an employee of more than one and one-half (1%) hours [see Article it shall be the junior employee in the classification who is affected. A Courier so laid off may bump the junior Sorter if that employee has less seniority. A bargaining unit member who bumps into a lower rated job shall be paid the lower rate. It is deemed there will be two (2) seniority within the job description affected by the layofflists, one for Couriers and one for Sorters. The City Manager amended lists shall first make every reasonable effort be posted on January 1st and July 1st of each year, and copies shall be sent to integrate those employees into another position by transfer or consider alternatives the Chief Shop ▇▇▇▇▇▇▇ and to layoff by the Union. Within individual division, Local Protests in regard to seniority status of a bargaining unit employee scheduled for layoff may bump member must be submitted in writing to 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 Branch Manager within five thirty (530) calendar days from the date he the seniority list is posted or she receives his or her layoff noticewithin thirty (30) calendar days from the date a new bargaining unit member's name is placed on the seniority list. To bump to the positionIf proof of error is presented, 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 such error will be laid offcorrected by mutual agreement with the Company, and such agreed upon seniority shall thereafter be final. When layoffs occur in a part-time position, part-time seniority cannot After the deadline the list 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 circumstancesdeemed correct.
Appears in 1 contract
Sources: Collective Agreement
Layoff. If there are The following procedure will apply when an employee has insufficient seniority to retain his job during one of the following scheduled changes -layoff elimination -removed from his job due to lack of duties work for more than five working days. Seniority shall be the primary factor, subject to (a), and below, provided the employee has the skill, abil- ity and physical fitness to perform the usual work of the classifications with no more than five days' trial. The trans- ferred employee shall retain the higher rate of pay when trans- ferred at layoff time for a period of twenty working days to be reactivated on a quarterly basis. In the event the employee is transferred back to his former position he shall be entitled to a further working day rate retention follow- ing his return to the lower rated job. However this provision can be utilized once every three month period following the initial transfer. Journeymen shall be increased or decreased first in accordance with their trade journeyman seniority, after which length of continuous service shall be the primary factor. A journeyman is defined as an employee who has successfully completed apprenticeship training for a job. Apprentices in their trade may be exempted from the layoff by seniority procedure and may be retained during layoffs provided that retaining an apprentice in the organization, Compa- ny's employ shall not cause the layoff of a journeyman with greater seniority in that job. An employee who has insufficient seniority to retain his job during a layoff or at the time of job elimination or when an employee is removed from his job due to lack of work, may exercise his seniority to displace either the least-senior incumbent of any job previously held by the employee on a permanent basis or lack the least-senior incumbent of fundsany classi- fication bearing a single asterisk on Schedule "A". If a layoff is to be made, the City Manager may lay off employeesShop Committee must be informed three (3) working days [The Union shall receive advance notice prior to notice being posted] prior to such a layoff. All temporary and seasonal positions layoffs shall be posted on the board for three working days. Acts of God, or situations beyond manage- ment control, will be exceptions to the above. As permanent openings occur in classifications from which employees have been laid off off, employees will be re- called to those classifications in reverse order of layoffs until each employee has been restored to the classification he held 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 employeelayoff. An employee may accept recall to his classification or to any intervening classification held by him during his period of layoff from his regular classifica- tion. Employees who have been laid off from the plant will be recalled in seniority order (a) to any posted classifica- tion from which laid off or to any classification bearing a single asterisk on Schedule "A". Notification of recall shall be given on a verbal basis by Management. If verbal notification cannot be accomplished, written notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before shall be made by registered letter at the effective date. Notice of the layoff will be ad- dress given to the Local Union President, or designee, and to Company by the employee. Employees shall If he does not report for work the fifth succeeding working day after such notice, the next man on the seniority list may be laid off in a division in the inverse order of their bargaining unit seniority within the job description affected employed but he cannot be replaced by the layofffirst employee until after the second employee has worked one (1)work week. The City Manager Loss of Seniority If an employee referred to in fails to return to work within ten working days after such notice, he shall first make every reasonable effort forfeit his seniority rights with the following exceptions; if such employee is unable to integrate those employees into another position start work because of injury or sickness certified by transfer a doctor, 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 gives rea- sons satisfactory to the Company for failure to return to work, or if employee is still able to perform the essential functions granted a leave of absence at time of recall. Seniority shall be terminated and employment cease for any 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.following reasons:
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If there are changes A. The Hospital has the right to layoff technical employees to the extent the Hospital determines to be necessary.
B. In the event it becomes necessary to reduce the size of duties in the organization, lack of work, or lack of fundsHospital’s work force, the City Manager may lay off Hospital will notify the Association of such prospective layoff and, if requested, meet with the Association to discuss the effect of such a layoff on the technical employees. All temporary Nothing herein shall preclude or postpone Hospital implementation of such layoff under the terms agreed upon in this article, notwithstanding that such layoff occurs during the pendency of meeting or discussion between the parties.
C. In the event layoff becomes necessary within any department of the Hospital, the Hospital shall initially seek volunteers for such layoffs. Full and seasonal positions part time technical employees with the greatest seniority shall be given priority in taking a voluntary layoff, provided the technical employees remaining possess the qualifications, skill and ability necessary to perform the work normally performed by the senior technical employees without additional training. Should further reductions be necessary, contingency employees within the department shall be laid off prior to the layoff of any regular status bargaining unit next, then probationary employees, so long as the temporary work falls regular part-time employees and regular full-time employees 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 department shall be laid off in that order.
D. In the event a division technical employee is subject to layoff in their department and a posted vacancy exists in another department, such employee shall have the inverse order option of their transferring to such position if the employee possesses the qualifications, skill and ability necessary to perform the position. In the event two or more technical employees seeking such positions are equally qualified, they shall be assigned in accordance with bargaining unit seniority within with the most senior person being placed first. For purposes of this paragraph, a vacancy shall be deemed to exist in any job description affected by classification in which an unfilled posted vacancy exists or a temporary, probationary, or contingency employee is employed. A technical employee designated for layoff shall be given preference to fill any posted vacancy for which the layoffemployee possesses the qualifications, skill and ability necessary to perform the position. The City Manager Any technical employee who elects not to transfer into such vacant position shall first make every reasonable effort to integrate those employees be laid off.
E. In the event there is no available vacant position into another position by transfer or consider alternatives which a technical employee subject to layoff by can be transferred, such employee may exercise one of the Unionfollowing options:
1. Within individual division, a bargaining unit employee scheduled for Accept the layoff may with the right to recall as specified in the Recall paragraph of this article or
2. Seek to bump the least senior bargaining unit technical employee, provided the technical employees remaining possess the qualifications, competency, skill and ability necessary to meet service need as determined by the Director.
F. Any technical employee at who desires to exercise the same or lower salary range occupying option to displace another technical employee in lieu of accepting a position layoff must notify 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 Hospital 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 desire to exercise this bumping right provided the pertinent certification/license is and can be obtained displace within six forty-eight (648) months. An employee who bumps another employee must complete probation in the positionhours after notice of layoff. Failure to make probation within six (6) months will give timely notice shall 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 circumstancesforfeiture of this option.
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 from after receipt of layoff notification of the date he 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 receives his is qualified.
2. The employee may demote into an available vacant position or her layoff notice. To bump demote to the positionlowest service credits position in any classification for which he/she is qualified within the geographic area. Employees who elect to demote shall be placed on any geographic area layoff list of his/her choice within the OMD for the classification from which he/she demoted.
3. The employee may demote into an available vacant position or demote to the lowest service credits position in any classification for which he/she is qualified statewide. Employees who elect to demote shall be placed on eligible geographic area layoff list(s), of his/her choice within the OMD for the classification from which he/she demoted.
4. The employee may elect to be laid off. An employee who elects to be laid off shall be placed on the OMD layoff list 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 have completed probation 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 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 description within six approximately thirty (630) monthsdays. An employee who bumps is seeking to bump another employee must complete probation has no right to a trial service period of any duration in the positionposition into which the employee is attempting to bump. Failure to make probation within six (6) months will result in Further, 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.approximate thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If In all cases where there are changes is a surplus of duties Nurses actively employed 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 employeethe following lay-off provisions will be followed:
(a) In the event that the Employer proposes a lay-off at the Health Unit, prior to such lay-off, the Employer shall meet with the nurses affected and a representative of the Association to discuss the reasons causing the lay-offs and the method in which the lay-off is to be implemented including those areas of cut-back and the nurses to be laid off. An employee At the Employer’s discretion, if the potential of offering early exit options to Nurses is being considered, the Employer and the Association will discuss the potential for mutually agreeable early exit options. Affected nurses and the Association shall be given notice of a lay-off or pay in lieu thereof in an amount equal to twice that required by the Employment Standards Act.
(b) The Employer shall lay off nurses within their classification on the basis of seniority, provided that supernumerary, term, then probationary nurses shall be laid off first and the most junior nurses shall be laid off thereafter. The nurses remaining after such layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before shall be qualified to perform the effective date. Notice duties and responsibilities of the available work after a familiarization period of three (3) months.
(c) Nurses whose positions have been declared redundant may exercise their seniority by bumping into available positions on the following basis:
(i) A nurse may bump a more junior nurse;
( i ) A nurse shall only bump to a position within the bargaining unit for which the nurse is qualified to perform the duties and responsibilities of the available work after a familiarization period of three (3) months.
(d) Nurses shall be recalled to positions in the bargaining unit in the reverse order of layoff provided they are qualified to perform the duties and responsibilities of the position after a familiarization period of three (3) months.
(e) All nurses who are on layoff will be given to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division job opportunities in the inverse order of their bargaining unit seniority within before any new nurse is hired into the job description affected by bargaining unit, provided the layoff. The City Manager shall first make every reasonable effort to integrate those employees into another position by transfer or consider alternatives to nurse on 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 qualified to perform the essential functions duties and responsibilities 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 position after a familiarization period of three (63) 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 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 opportunity to integrate those employees into another position work the days as provided in this Article, he shall be paid for the days in which work was not made available.
30:04 Employees laid off shall be placed on a reemployment list with a copy furnished to the 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 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 Article, if passing a test is a requirement for new hires for a particular position, a "qualified" employee must pass or have passed the pertinent certification/license is test new hires must pass to be considered for the position.
(d) For the purpose of this Article, “designated layoff area” shall be considered to be: (1) Public Works* (2) Community and 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 1 contract
Sources: Collective Bargaining Agreement
Layoff. If there are changes of duties 1. Should it become necessary in the organization, lack of work, or lack of fundsany department to layoff any employee, the City Manager may lay off employees. All temporary and seasonal positions shall parties hereby agree that employee(s) will be laid off in accordance with the following guidelines:
2. Layoff Procedure
3. The order of layoffs is as follows:
a. Temporary employees;
b. Probationary employees;
c. Full-time or part-time employees in a qualifying status;
d. Full-time or part-time employees in reverse order of their seniority. The employee with the least classification seniority shall be released first. In the case of a tie, within classification seniority, the employee with the least City employment shall be released first.
4. Any employee laid off shall have his/her name placed on the layoff register for that classification pursuant to Section C below.
5. Bumping and Recall rights
a. An employee who is laid off shall have the right to bump to another classification that the employee previously held within the bargaining unit, and/or within the Job Series Progression within the bargaining unit as indicated in Appendix B, where they have sufficient seniority and that is in the same or lower grade as the employee’s current grade.
b. Bumping shall be into the position occupied by the least senior employee in the classification. That least senior employee will then be added to the list of employees included in the layoff and may exercise all the rights contained in this article.
c. An employee who bumps to another previously held classification shall carry their current classification seniority to the new job.
d. An employee who elects to bump into another classification previously held retains the right to be on the layoff register for the classification from which they were laid off.
e. Any employee who is recalled to a job with the same or more scheduled work hours they held prior to the layoff of shall forfeit any regular status bargaining unit employees, so long as future right to be recalled to that same classification if they decline 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. recall offer.
f. An employee who bumps another was laid off may accept an offer of a part-time position with fewer scheduled work hours in that same classification without forfeiting their right to be recalled to their prior scheduled work hours in that same classification.
g. Any employee must complete probation in the position. Failure to make probation who is recalled, or bumped into a prior classification, shall obtain any required certifications 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 of reinstatement.
h. Employees may not have a right to bump and will be laid offoutside bargaining units represented by Local 39.
6. When layoffs occur a reduction in a part-time positionforce is contemplated, part-time seniority cannot be applied the City agrees to meet and confer with the same full- time position in Union on the department. This means a part-time impact including consideration of PERS buyout, continuation of employee cannot bump a full-time employee under any circumstancesmedical plans and other possible incentives to early separation.
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 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 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 their right within five (5) calendar days from the date he or she receives his or her they receive their 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 1 contract
Sources: Collective Bargaining Agreement
Layoff. If there are changes In the event that a reduction of duties in the organization, lack nurse force is required of work, a permanent or lack of fundslong-term nature, the City Manager Corporation will:
(a) provide the Local Association with no less than sixty (60) days notice of layoff; and,
(b) meet with the Local Association and ONA’s Labour Relations Officer to review the following:
i) reason causing the layoff;
ii) the service which the Corporation will undertake after the layoff;, and,
iii) the method of implementation including the area of cutback, the number of nurses to be laid off, and the name(s) of the nurse(s) who may be affected. Following such discussion, a meeting with representatives of the Corporation, the Association and the affected nurse(s) shall be held to advise the nurse(s) of the impending layoff and her (their) rights in accordance with the Collective Agreement. In the event of a layoff, the Corporation shall lay off employees. All temporary all probationary nurses first, and seasonal positions the most junior nurses within the specific program and office to meet the required staffing needs at that given location, shall be laid off prior thereafter, provided that the nurses, who are entitled to remain on the layoff basis of any regular status bargaining unit employeesseniority, 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 qualified to perform the essential functions work available, with appropriate orientation if necessary. The Corporation will not hire any new nurse to fill a vacancy where there is a nurse on layoff who is willing and qualified to fulfill the requirements of the job job, with appropriate orientation if necessary.
(a). This will be the ‘official’ layoff seniority list for all layoff notification(s) issued subject to the said layoffs identified during the discussions between the parties in Article 11.01 (b). Once a nurse has been issued Notice of Layoff, which will include an up-to- date copy of the ONA (Public Health) official seniority list from the Human Resources Department, it is expected that the nurse(s) will advise the Human Resources Department of her (their) decision in writing with respect to exercising her (their) seniority rights within five working days and has all will return the qualifications presented in "Exercising of Seniority” form to the job descriptionHuman Resources Department within the time limits. In For the event an employee does not currently have the relevant certification/licensepurposes of Article 11, the employee is still eligible to exercise this bumping right provided the pertinent certification/license is and can word “days” shall 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 circumstancesworking days.
Appears in 1 contract
Sources: Collective Agreement
Layoff. A. All Employees discharged from work must be notified by the working ▇▇▇▇▇▇▇ or other representative of the Employer on the job during working hours and shall receive pay in full at that time. An Employer whose principal place of business is located within the Northeast Region’s jurisdiction may pay a laid-off Employee by mailing a check to the Employee’s home address no later than the next business day following the layoff. If there are changes of duties in any such check is postmarked beyond the organizationnext business day following the layoff, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions a two (2) hour penalty shall be laid assessed against the Employer. An Employer whose principal place of business is located outside of the Northeast Region’s jurisdiction must pay all laid-off Employees, in full, on the day of the layoff. Notification of discharge must be no later than one-half (½) hour prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties end of the bargaining unit employee. An employee working day; and after the Employee has picked-up his tools and belongings, he shall be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before then leave the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employeejob. Employees shall receive not less than a full day’s pay for the day of discharge. All Employees who quit will be laid off in a division in paid on the inverse order of their bargaining unit seniority within the job description affected by the layoffnext regular payday. 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 divisionAll discharged Employees shall, a bargaining unit employee scheduled for layoff may bump the least senior employee at the same time they receive their pay, receive a written statement of separation giving the reason for discharge and signed by the working ▇▇▇▇▇▇▇ or lower salary range occupying a position other representative of the employee previously held in Employer. If Employees are discharged by telephone, telegram, letter or other means of communication while off 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 positionjob site, the employee must have completed probation in show-up rate shall be paid for picking-up tools and personal belongings, if required to return. When an unplanned layoff occurs or when a job ends at a time when the position they are bumping to. A bump Employer’s office is closed, layoff checks will only be allowed if available for pick-up at the employee is still able to perform Employer’s office by ▇▇▇▇ on the essential functions of the job and has all the qualifications presented in the job descriptionfollowing business day. In the event an employee does the checks are not currently have picked-up by the relevant certification/licenseend of the business day, 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 checks will be laid off. When layoffs occur in mailed the same day.
B. Any Employer failing to comply with these requirements will be subject to a partpenalty of waiting time as follows: The Employee’s pay shall continue on a straight-time positionbasis until payment is made, partnot to exceed one (1) day’s pay for any twenty-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 circumstancesfour (24) hour period of waiting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. If there are changes Lay-off, if necessary, will be done by classification and is based on seniority as follows. Prior to a lay-off of duties employees, individual service contracts will be released first and thereafter casual employees, and probationary employees, in the organizationthat order, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior released, provided that those retained have the qualifications, ability and skill to do the layoff of any regular status bargaining unit employeesremaining work. Thereafter, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. An employee seniority 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 determine order of their bargaining unit seniority within lay-off commencing with the job description affected employee with the least seniority, provided that the employees retained have the qualifications, ability and skill to do the remaining work. Notwithstanding the foregoing provision that lay-offs are to occur by the layoff. The City Manager shall first make every reasonable effort to integrate those classification, 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 person in another classification provided they have the same or lower salary range occupying a position necessary qualifications, ability and skill, and can do the employee previously held work required in the employee’s present departmentother job classification without training, other than a two (2) day orientation.
(a) Employees displaced as a result of initially laid off employees exercising seniority rights shall have no further bumping rights and shall immediately revert to layoff status. An employee wishing Employees will inform the Employer of their decision to bump must exercise his or her right accept layoff within five (5) calendar working days of the receipt of notice of layoff.
(b) In a recall situation, employees shall be recalled based on qualifications, skill and ability to perform the required work without training, other than a two (2) day orientation. Where qualifications, skill and ability are equal, seniority shall govern. If the employee fails to return from lay-off within five (5) days of the date he or she receives his or her layoff notice. To bump mailing of the notice to do so, sent by registered mail to the positionlast address provided by the employee to the Employer, 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 shall lose all rights to perform the essential functions of the job his/her seniority and has all the qualifications presented in the job description. In the event an employee does not currently have the relevant certification/licenseemployment.
(c) For layoffs other than long term layoffs, the employee is still eligible Employer and Union will meet and discuss the layoffs at the earliest opportunity. For anticipated layoffs the Employer will provide a minimum of two (2) weeks notice. This discussion will include the service which the Employer will undertake after the layoff.
(d) An updated seniority list will be provided to exercise this bumping right the Union at the time of lay-off notice.
(e) Notice of layoff shall be given to each affected individual and will not be less than that provided under the pertinent certificationEmployment Standards Act.
(f) Severance pay will be paid in accordance with the Employment Standards Act.
(g) An employee, upon long-term layoff, at his/license is her own expense, and can be obtained within six except for short and long-term sickness and income protection, may continue benefit coverage for a period of nine (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (69) months will result following the layoff by arranging to pay the full premiums, in the employee’s termination. In an effort to minimize the disruption to the workforceadvance, an employee that is bumped will not have on 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 circumstancesquarterly basis.
Appears in 1 contract
Sources: Collective Agreement
Layoff. If there a. The Clerk or designee and/or the Board of County Commissioners shall be the sole determiners of when layoffs within the Clerk's Office are changes necessary. The Employer may lay off employees when such action is determined to be necessary by reason of duties in the organization, lack of work, or lack of funds, or reorganization of the City Manager may lay off employeesClerk's Office. All temporary and seasonal positions The Clerk or designee shall have the right to determine by job classification the number of employees to be laid off prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls reduced within the usual and customary duties Clerk's Office. The Union will be notified of the bargaining unit employee. An employee shall be given notice specific job classifications in which layoffs will take place and the number of employees in those job classifications who are designated for layoff status.
b. If the Clerk or designee and/or the Board of County Commissioners determines that a layoff with as much notice as reasonably possibleis necessary within certain job classifications within the Clerk's Office, but no less than fourteen (14) calendar days before then and in that event, employees in the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees affected job classification shall be laid off in a division the following order:
1) Temporary, seasonal, or casual employees;
2) Probationary employees;
3) Regular part time and regular full time employees – Regular part time and regular full time employees will be laid off from the affected job classifications, giving consideration to seniority; provided, however, consideration shall also be given to employee work history and the ability of the remaining employees to perform the variety of tasks required of that classification without further training. When two or more employees have relatively equal work history, skill, and ability to do the work without further training, as determined by the Clerk or designee, the employee(s) with the least seniority will be laid off first.
4) Employees on leave are subject to layoff procedures.
5) Employees shall be provided with thirty (30) calendar days’ notice of their layoff status except in the inverse order event of their an emergency.
c. The person targeted for layoff shall have a one-time option to bump the employee with the least bargaining unit seniority within in 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 department who is at the same or lower salary range occupying a position pay band, provided that the retained employee previously held in has the employee’s present departmentnecessary minimum qualifications for the position. An The retained employee wishing to bump must exercise shall have his or her right within five (5) calendar days from salary set at the date he or she receives his or her layoff notice. To bump to the position, the employee must have completed probation highest step 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 applicable pay band that 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 circumstancespay increase.
Appears in 1 contract
Sources: Memorandum of Agreement
Layoff. If there are changes In the event of duties in the organization, lack a proposed layoff of work, a permanent or lack of fundslong term nature, the City Manager may lay off employeesEmployer will provide the Union with no less than 30 calendar days’ notice. All temporary and seasonal positions shall be laid off prior to In the layoff event of any regular status bargaining unit employeesother layoffs, so long as the temporary work falls within Employer will provide the usual and customary duties of the bargaining unit employee. An employee shall be given notice of a layoff local Union with as much notice as reasonably possible, possible but no less than fourteen (14) calendar days before notice in accordance with Employment Standards Act. Such notice shall not be in addition to notice provided to employees.
a. If requested, the effective dateEmployer will meet with the local Union to review:
i. the reason causing the layoff;
ii. Notice the service, which the Employer will undertake after the layoff;
iii. the method of implementation including the areas of cut-back and the employees to be laid-off.
b. A layoff will of employees shall be given made on the basis of seniority provided that the employees who are entitled to remain on the basis of seniority are qualified to perform the available work. Subject to the Local Union President, or designee, and to the employeeforegoing probationary employees shall be first laid-off. Employees employees shall be laid off in a division in the inverse reverse order of their Seniority.
c. An employee in receipt of notice may:
i. accept the layoff; or
ii. bump another employee who has lesser bargaining unit seniority within in a lower or identical paying classification for which they are qualified as per the normal position description, to meet the requirements of the job description affected by and perform the layoffwork, without training other than a brief familiarization or orientation.
iii. The City Manager bumping outside the laid off individuals classification shall first make every reasonable effort to integrate those employees into another position by transfer or consider alternatives be allowed with the understanding that an employee subject to layoff by the Union. Within individual divisionwho chooses to bump, a bargaining unit employee scheduled for layoff may must bump the employee with the less seniority, who has equal to or less scheduled hours than the bumping employee, provided that the individual bumping has the requirements of the job and can perform the work without training other than a brief familiarization or orientation of at least senior employee at one (1) day (longer if the same or lower salary range occupying a position the employee previously held Employer deems it necessary).
iv. All employees who are potentially affected shall be given notice, and should respond in the employee’s present department. An employee wishing to bump must exercise his or her right writing within five (5) calendar days from of receipt of notice.
v. An identical classification shall be deemed to be any classification where the date straight time hourly wage rate is equal to or less than the classification the employee is being laid off from.
vi. It is understood, that a full time employee can bump full time employees in identical classifications first, if s/he so chooses, before bumping a part time employee in the same classification as the laid off employee.
vii. Normally, an employee shall not be allowed to bump into greater hours or she receives his or her layoff noticea higher paying classification. To bump For the purpose of this, greater hours shall mean more than 10 hours than what the employee was normally had been scheduled for.
d. Employees shall be recalled in the order of seniority, unless otherwise agreed between the Employer and Local Union, provided that the employee is qualified to perform the available work.
e. Where a vacancy occurs in a position following a layoff, hereunder as a result of which an employee had been transferred to another position, the affected employee must have completed probation in will be offered the position they are bumping to. A bump will only be allowed if the employee is still able opportunity 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/licensereturn to her former position, 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 such vacancy occurs within six (6) months will result in of the employee’s terminationdate of layoff. In an effort Where the employee returns 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 her former position, part-time seniority cannot there shall be applied no obligation to consider the same full- time position in the department. This means a part-time employee cannot bump a full-time employee vacancy under any circumstancesArticle 11.
Appears in 1 contract
Sources: Collective Agreement
Layoff. If The Board shall provide notice of lay-off equivalent to twenty (20) working days or any such additional notice if required under the StandardsAct and the amendmentsthereto. This provision will not apply with respect to the following: Probationaryemployees; Lay-off resulting from matters beyond the Board's control, including but not limited to fire, lightning, flood, tempest, power failure, machine breakdown and work stoppage. Where it is necessary to reduce the work force during the school year, the Board will lay off Educational Assistants in the reverse order of seniority within the school panel affected providing it does not prevent the Board from maintaining a working force of employees who are qualified, able and willing to do the work which is available. The Executive Officer of Human Resources will provide the President of the Associationwith prior notice of any change in work schedule. It is agreed and understood that reductions in the number of scheduled days in a work week, or hours in a work day, does not a lay off. Members given lay-off notices, but not terminated, shall be considered surplus for purposes of the posting process for a period of one (1) year and have the option of adding their name to the supply list. Such Members shall be notified in writing by the Manager of Human Resources of this change in status. No Member will be required to accept an assignment for which they are not qualified, as deemed by the Executive of Human Resources, after consultation with the President of the Association. Subject to the Board being able to manage the operations and meet the needs of the system, new employees shall not be hired when there are changes of duties in either employees on layoff or on the organizationsurpluslist who are qualified, lack of workready, or lack of fundswilling, and able to fill the City Manager may lay off employeesposition. All temporary Seniority employees who have been declared redundant as per Article 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 who have be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before lay off by the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees Board under Article 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 eligible for severance pay if no 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 which they are bumping to. A bump will only be allowed if the employee is still qualified or able to perform can be made available to them within one (1) year of being declared surplus. Seniority employees who elect to take severance shall provide written notice to the essential functions Executive of Human Resources. When an employee electsto take severancepay, is terminating employment with the Board and giving up all rights to recall. Severance pay shall be made in accordance with the StandardsAct. Such employeesunderstand that, upon receipt of severancepay outlined above, their employment with the Halton District School Board has been terminated and that the Halton District School Board has no further obligations. It will be the responsibility of the job and has all the qualifications presented employeeto provide written notification of any changes 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 their address 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 circumstancesBoard.
Appears in 1 contract
Sources: Collective Agreement
Layoff. If there are changes of duties A layoff is a permanent or prolonged reduction in the organization, lack number of work, or lack of funds, employees employed by the City Manager may lay off employeesHospital. All temporary and seasonal positions Layoffs shall be laid off prior to by departmental unit, shift, and job classification. 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 possibleor permanent reduction in hours, 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 departmental unit, shift, and job description classification shall be the determining factor providing that skills, competence and ability in a specific area are considered relatively equal. Decisions regarding skills, competence and ability shall be based on specific job-related duties. An employee whose position has been eliminated or permanently reduced in hours pursuant to this section will have the right to: (a) accept the layoff/reduced FTE position; (b) accept a vacant position for which s/he is fully qualified; or (c) displace the position of any less senior employee whose name appears on the Low Seniority Roster (defined in Section (B)(1), below), provided that all of the following conditions are met: the two (2) employees’ skills, competence, ability and prior job performance (within the previous twelve (12) months) are relatively equal, and the displacing employee can carry a full patient load. Employees unable to displace another individual under the foregoing procedure will be placed on layoff. Once advised of her/his layoff, an employee must exercise displacement rights by 5:00 p.m. on the second weekday following the day on which s/he was advised of layoff. Prior to implementation of any layoff, the Hospital shall evaluate whether the need for such action might be mitigated by measures such as solicitation of volunteers and voluntary changes in employee FTE status, and will adopt any such measure subject to the needs of the unit. Additionally, the Hospital will not extend the contract of any Traveler or Temporary employee working within a unit affected by layoff provided that regular bargaining unit staff are capable of fully providing those necessary services, and provided further that such action will not increase the scope of 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 positionProvided further, 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 Hospital will not have a right to bump and will be laid off. When layoffs occur contract for the services of any Traveler or Temporary nurse for service in a partunit in which a fully capable and qualified laid-off nurse from that unit is available for recall, except as necessary to bridge the gap between the time position, part-of recall and the time seniority cannot be applied it takes for the recalled nurse to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstancesreturn to work.
Appears in 1 contract
Sources: 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 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 a. The Clerk and/or the Board of County Commissioners shall be the sole determiners of when layoffs within the Clerk's Office are changes necessary. The Employer may lay off employees when such action is determined to be necessary by reason of duties in the organization, lack of work, or lack of funds, or reorganization of the City Manager may lay off employeesClerk's Office. All temporary and seasonal positions The Clerk shall have the right to determine by job classification the number of employees to be laid off prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls reduced within the usual and customary duties Clerk's Office. The Union will be notified of the bargaining unit employee. An employee shall be given notice specific job classifications in which layoffs will take place and the number of employees in those job classifications who are designated for layoff status.
b. If the Clerk and/or the Board of County Commissioners determines that a layoff with as much notice as reasonably possibleis necessary within certain job classifications within the Clerk's Office, but no less than fourteen (14) calendar days before then and in that event, employees in the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees affected job classification shall be laid off in the following order:
1) Temporary, seasonal, or casual employees;
2) Probationary employees;
3) Regular part time and regular full time employees – Regular part time and regular full time employees will be laid off from the affected job classifications, giving consideration to seniority; provided, however, consideration shall also be given to employee work history and the ability of the remaining employees to perform the variety of tasks required of that classification without further training. When two or more employees have relatively equal work history, skill, and ability to do the work without further training, as determined by the Clerk, the employee(s) with the least seniority will be laid off first.
c. The person targeted for layoff shall have a division in one-time option to “bump” the inverse order of their employee with the least bargaining unit seniority within in 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 department who is at the same or lower salary range occupying a position pay band, provided that the retained employee previously held in 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 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 necessary minimum 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 for the position. Failure to make probation within six (6) months will The retained employee shall have his/her salary set at the highest step in the applicable pay band that does not 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 circumstancespay increase.
Appears in 1 contract
Sources: Labor 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 A. Whenever the Board of duties Supervisors determines in the organization, lack its sole discretion that it is necessary to abolish any position of work, or lack of fundsemployment, the City Manager employee holding that position may lay be laid off employeeswithout disciplinary action and without the right of appeal.
B. An employee being laid off shall be given at least fourteen (14) days prior notice of the layoff date.
C. Layoffs shall be done in seniority order per section (D) below. All temporary At least thirty (30) days before the effective date of a layoff, the Director of Human Resources will provide the Union with the performance evaluation scores within the affected department, including the name and seasonal positions job classification of each listed employee. The Union will maintain the confidentiality of these scores except to the minimum extent necessary to carry out its role in representing the employee(s).
D. In each class (e.g., Attorney I, Attorney II, Attorney III, Attorney IV, Attorney V), employees shall be laid off prior according to employment status and seniority order in the following order within affected job classification within the affected department: • any non-employee attorneys (e.g., volunteer attorneys, externs or contract attorneys), • an employee whose most recent performance evaluation had an overall rating of does not meet expectations, • an employee who has not completed his/her initial probationary period, • by evaluation score of employees' most recent performance evaluations in inverse order (lowest score is laid off first). In the event that there are more employees within the same employment status category listed above who are tied in seniority and the number of these tied employees exceeds the number of positions to be laid off, any layoff shall then be by inverse order of seniority by County date of hire. If after inverse seniority is used as a tie breaker, there are more employees within the same employment status who are tied and the number of these tied employees exceeds the number of positions to be laid off , then the Director of Human Resources or his designated representative shall develop and distribute a list of ties to the layoff of any regular status bargaining unit employees, so long as Union and notify the temporary work falls within the usual and customary duties Union of the bargaining unit employeetime and place for the tie breaking activity. An employee The Union shall be given notice have the right to have a representative present. The Director of Human Resources or his designated representative shall determine the order of layoff by selecting cards at random from a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before deck of standard playing cards. The person in the effective date. Notice tied group of employees receiving the layoff will be given to the Local Union President, or designee, and to the employee. Employees smallest denomination of playing cards shall be laid off in a division in first, the inverse order of their bargaining unit seniority within person receiving the job description affected by the layoffnext smallest card shall be laid off next, ext. The City Manager Each employee shall first make every reasonable effort to integrate those employees into another receive an annual performance evaluation on approximately his/her 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 departmentanniversary date. An employee wishing may not retreat to bump must exercise his or her right within five (5) calendar days a previously held class. E. Recall of employees will be in reverse order of layoff. Employees separated through layoff will be certified to positions in the class in which they were separated on a one-for-one basis if the opening occurs in the department in which the layoff occurred. Certifications in this manner will be made from the date he or she receives his or her layoff notice. To bump to eligible list in the positionreverse order in which the employees were laid off, the employee must have completed probation in the position they are bumping to. A bump will only last to 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 laid off will be laid offthe first to be certified. When layoffs occur in Departments shall first hire from a part-time positionrecall employment lists, 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 circumstanceswhich shall take precedence over all other employment lists.
Appears in 1 contract
Sources: Memorandum of Understanding
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