Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3. 17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply. 17.2.3 Layoff shall be handled as follows: a) By seniority in classification. b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first. c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative. 17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority. 17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff. 17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights. 17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association. 17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 17.2.1 Persons 1. Temporary and probationary County-funded employees in the department shall be separated first.
2. Additional layoffs shall be based on the following criteria in the following order:
a. The seniority of the employees in the affected classification series within the department.
b. The relative ability and qualifications of the employees as determined by the department head within the affected classifications of his/her department.
c. In the event that (a) and (b) are equal, preference will be given based on the last four (4) digits of the employee’s Social Security number with the smaller number being first.
3. Seniority will be based on continuous service with the County, 1) in the affected classification, or 2) classification in the same series at a higher salary grade in the event an employee has been reduced in grade in accordance with this Article. Creditable service for seniority must be in a permanent or permanent-intermittent position with the County.
4. As a result of the application of this layoff procedure, the County may cause the reassignment, transfer, reduction in grade, or any combination thereof, or the layoff of an employee.
5. All permanent status personnel who are affected by layoff shall have the right to elect a reduction in grade to a lower classification.
6. No employee will have the right to bump to a position in another department, outside the bargaining unit, or to bump a position of a higher salary grade than he/she currently fills. A permanent employee to be laid off because may bump a temporary or probationary employee of lack the same classification in the department and in the bargaining unit if the employee voluntarily agrees to commute or relocate at no expense to the County.
7. An employee reduced in grade may have his/her salary reduced and in no event shall exceed the maximum for the class, but shall not have his/her anniversary date adjusted.
8. The assignment of work an employee to a position within a classification will be at the discretion of the department head.
9. Separation due to layoff shall require the giving of at least two (2) weeks notice to the employee, or lack payment in lieu of funds are eligible for notice, of an equivalent amount of the employee’s base salary by the County.
10. No permanent employee initially hired into and serving in a grant-funded position may initiate a bump into a County-funded position unless he/she is displaced by someone who has bumped him/her. Employees electing to bump into grant-funded positions have no property right to the position or County service if the funding ceases.
1. Any permanent status employee reduced in grade or laid off under this Article shall, based on seniority, have his/her name placed on an appropriate County recall from layoff list/lists for a period of thirty nine two (392) months years. Previous employees shall be notified by certified mail, return receipt requested, at their last known address and shall within ten (10) calendar days of receipt respond affirmatively by certified mail or in person that they are accepting the offer of recall. Failure to respond in a timely manner will mean that the person has refused the offer of recall and the person will be removed from the recall list/lists. An employee must be available for work within two (2) weeks of acceptance of the offer.
2. When positions become available in a class in the department and in the bargaining unit, personnel who have been laid off or reduced in grade in that class from that department shall be recalled in accordance with inverse order of layoff. The order of recall shall be:
a. Employees who are reduced in grade based on the provisions specified same criteria in Article 15, Section 15.3.2 and 15.3.31(b).
17.2.2 Employees b. Former (laid off) employees who take voluntary demotions or voluntary reductions held a position in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that class based on the same tests of fitness under which they qualified for appointment to the class still applycriteria in Section 1(b).
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service c. Former employees who held a position in the classification plus higher classes shall be laid off first.
c) same series. In the event two (2) or more that a classification has only had a change in title, employees have on the same length of serviceold recall list/lists shall be placed on the new respective list/lists.
3. Upon recall after layoff, the order of time that the person was on layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When counted as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffbreak in service.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 17.2.1 Persons A layoff shall be defined as a reduction in the work force, an employee's position being eliminated, or a reduction in the employee’s regular hours of work as defined in this Agreement.
(a) The Employer will give as much notice as is feasible but not less than thirty (30) calendar days to the employee(s) directly affected.
(b) Employees shall be laid off because in reverse order of lack their bargaining unit seniority.
(c) For Parks, Recreation and Culture staff, for a program of work ten (10) weeks or lack less, the reduction in hours will not constitute a layoff and bumping within the Instructor group cannot occur unless the person affected has no assignments. Bumping within the Instructor group cannot occur after the commencement of funds a program.
(d) Employees who have received layoff notice or who have been bumped shall have the right to bump employees with less seniority, provided that:
(i) employees exercising that right have the required qualifications to perform the duties of the position they wish to bump into;
(ii) the right to bump shall include the right to bump up where an employee is unable to exercise their bumping rights to retain a similar shift, benefits and ninety-five percent (95%) of gross pay.
(e) The incumbent employee(s), whose hours have been reduced or whose position has been eliminated or who have been bumped, will have five (5) working days to advise the Employer of their intent to:
(i) accept the reduction in hours and remain in the position; or
(ii) exercise their seniority rights; or
(iii) to be placed on the recall list.
(f) The Employer shall provide a current seniority list specifying the name(s), position(s) held, the number of hours of work, full time or part time status and incumbent employee’s seniority date.
(i) Employees who have received layoff notice will be advised of any postings that may have closed but have not yet been awarded. Such employees, if they believe they are eligible qualified for such postings, will have one working day after receipt of notice of the unfilled posting to have their name added to the list of applicants.
(ii) Upon moving into their new position, employees will be required to complete a trial period as per 14.03(a). If employees do not successfully complete this trial period, they will be placed on the recall from layoff list.
(h) Providing the laid off employee is qualified, they shall receive first option in line of seniority for all Auxiliary employment and seniority shall accrue for all time worked.
(i) Any permanent employee who is laid off shall have recall rights to their former classification for a period of thirty nine eighteen (3918) months and provided they remain qualified.
(j) Employees on the recall list shall be recalled to positions in accordance with order of bargaining unit wide seniority provided they are qualified. New employees shall not be hired until those laid off have been given the provisions specified in Article 15, Section 15.3.2 and 15.3.3opportunity of recall.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
ck) In the event two of a vacancy occurring while employees are laid off, Article 14 applies to all employees, including employees on the recall list. The Employer shall notify employees on the recall list of all vacancies.
(2l) or more Recall notices will be sent by registered mail to the employees have being recalled with copies to the same length First Vice President, Second Vice President (▇▇▇▇▇▇▇▇ River), and President of service, the order of layoff Union.
(m) Grievances concerning ▇▇▇▇▇▇ and recalls shall be determined by lot in presence initiated at Step 3 of the affected employees, a union representative and a District representativeGrievance Procedure.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons laid off because 1. Provided that fitness and ability are relatively equal, then layoffs or reduction in hours shall occur in the inverse order of seniority of the employees within the classification at the campus affected by such layoffs.
2. In the event of a lack of work or lack situation, the employees of funds are eligible for recall from layoff for a period the affected classification of thirty nine (39) months the affected College, and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassignedFederation President, shall be granted notified in writing as soon as the same rights as persons laid off and lack of work situation is identified.
a) Notification shall retain eligibility activate this Article.
b) Specific cause for the lack of work situations shall be stated.
c) The number of positions to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment laid off, or hours to the class still applybe reduced, shall be listed.
17.2.3 Layoff 3. The following shall be handled as followsthe sole procedure for layoff or reduction in hours:
a) By seniority The Federation shall be granted fifteen (15) working days from receipt of notification of a lack of work situation to propose alternative actions, in classificationwriting, to the College President.
b) The employee with Immediately following the shortest length receipt of service in such written proposals, the classification plus higher classes College President shall be laid off firsthave five (5) working days to respond to such alternative proposals.
c) In Nothing herein shall preclude informal meetings between the event two parties to discuss alternatives to layoffs or reduction in hours.
d) The College's refusal to accept suggestions made under (2b) or more employees have (c) above, with respect to alternatives to layoff, shall not be subject to the same length grievance and arbitration provisions of service, the order this Agreement.
e) Written notice of layoff or reduction in hours shall be determined by lot sent to affected employees no later than forty (40) calendar days prior to such layoff or reduction in presence of hours. The 40-day time requirement stated herein shall begin to run upon notification to the affected employees, a union representative and a District representativeemployees under Section 2 above.
17.2.4 The names of permanent and probationary employees 4. An employee who is laid off shall be placed paid all earned benefits to which otherwise entitled in a lump sum payment upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result 5. An employee who is laid off on or after July 1, 1994, pursuant to this Article, shall continue to have the same group medical, disability insurance, dental insurance and group medical/hospitalization insurance, including any applicable premium co-payment, for the two months following the month in which the employee was separated, provided the employee retains recall rights under this contract.
6. An employee who is laid off shall continue to retain all the rights and benefits under Article 41, Tuition Waivers, for the length of a bona fide reduction any recall period under this Agreement.
7. If at the time of notification of layoff an employee is within two years of meeting the eligibility requirements of Article 35 (Retirement and Continuing Benefits) Section 3 or elimination 6, the employee will be deemed to have met the eligibility requirements of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rightsappropriate sections.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 8. Any employee who has at least 10 years of bargaining unit service and 17.2.6 above, the District who is laid off will make receive a good faith effort severance payment equal to notify the CSEA Executive Board one week’s base salary for every full year of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Associationservice.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because 11.1.1 A layoff for the purpose of lack this Article shall be considered as an involuntary separation of work a permanent or probationary classified employee from active service due to lack of funds are eligible and/or lack of work.
11.1.2 “Layoff for recall from lack of funds” or “layoff for lack of work,” includes any reduction in hours of employment or assignment to a period class or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of thirty nine (39) months and shall be recalled in accordance with employment by layoff - Education Code section 45101(g). Prior to the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time decision to reduce hours in lieu of layoff or who remain in their present positions rather than be reclassified or reassignedlayoff, the District and CSEA will meet and confer.
11.1.3 Layoffs shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for made on a period District-wide basis, in inverse order of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still applyseniority within class.
17.2.3 Layoff 11.1.4 Seniority shall be handled as follows:
a) By seniority earned by hire date in classificationeach classification worked.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event 11.1.4.1 If two (2) or more employees subject to layoff have equal seniority, the determination of which is to be laid off first shall be made by lottery.
11.1.5 An employee laid off in one (1) class who previously gained permanent status in an equal or lower class may bump into that class provided his/her seniority is greater than the least senior employee in that equal or lower class.
11.1.6 An employee displaced as a result of being bumped shall have the same length bumping rights as stated in Paragraph 11.1.5 above and such other rights as granted in this Article.
11.1.7 An employee who elects separation in lieu of serviceeither bumping or assignment into a lower class shall maintain his/her reemployment rights as defined under this Article.
11.1.8 A permanent or probationary employee who is to be laid off shall be offered any temporary position available at that time in the District for which the employee is qualified. If accepted by the employee, the order his/her effective date of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded programthat temporary position. If declined, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year there shall be given written notice on or before April 29 informing them of their layoff effective at no effect upon the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall employee’s reemployment rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above11.1.9 Before a layoff occurs, the District will make shall develop a good faith effort seniority list which shall be made available to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the AssociationUnion.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 3 contracts
Sources: Contract Agreement, Contract Agreement, Contract Agreement
Layoff. 17.2.1 Persons laid off because 27.5.1 Where a layoff may occur, the identification of lack of individual(s) to be declared surplus within an administrative district or unit, institution or other such work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and unit shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu seniority (years of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of continuous service in the classification plus higher classes OPS, as currently defined) in the job functions that the Employer has determined are to be reduced or eliminated. The subsequent matching process and direct assignment into vacancies, bumping, layoff, and recall shall also be laid off firstin accordance with seniority, subject to the conditions set out in this Agreement.
c27.5.2 Where less than the full complement of positions within an administrative district or unit, institution or other such work unit will be declared surplus:
(a) In the event two (2) or more employees have in the same length of service, the order of layoff shall work unit will be determined by lot in presence given as much notice as possible that reductions will occur and will be informed of the affected employees, a union representative and a District representative.
17.2.4 The names probable impact on staff. Not less than three (3) weeks prior to the declarations of permanent and probationary employees laid off shall be placed upon surplus the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be advised of the number of positions that are to be reduced; notice shall also simultaneously be given to AMAPCEO.
(b) all employees in the work unit will be offered the opportunity to volunteer for pay-in-lieu options under Article 27.
7.1 alternate work arrangements, and/or unpaid leaves of absence, or other workforce measures in order to avoid or minimize surplus notices. Employees will be advised that they must complete their portion of the employee portfolio within one week if they have not already done so;
(c) requests to exercise a pay-in-lieu option under Article 27.
7.1 from employees in the job functions to be reduced will be approved on the basis of seniority up to the numbers required;
(d) the Employer shall give all reasonable consideration to requests for alternate work arrangements, unpaid leaves of absence or other proposed workforce measures; and
(e) any additional employees in the unit who have indicated their willingness to take a pay-in-lieu option may register pursuant to Article 27.4.
(f) where an employee who will be the subject of a surplus notice irrevocably declares that he or she chooses not to layoff accept a direct assignment, a bump, or to remain available for the lack of fundsdirect assignment or where an employee volunteers to take pay-in-lieu or a retirement pension bridging option (excluding Surplus Factor 80), the Employer will not seek a direct assignment or bump for that employee. For clarity, this will not affect an employee’s other entitlements including pay-in-lieu, retirement/pension bridging options (excluding Surplus Factor 80) in his/her surplus notice.
27.5.3 Where the full complement of positions within an administrative district or unit, institution or other such work unit will be declared surplus:
(a) the employees to be laid off at in the end of such school year shall work unit will be given written as much notice on or before April 29 informing them as possible that reductions will occur and will be informed of their layoff effective at the end of such school year and of their displacement rights, if any and recall rightssurplus decision. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not Not less than sixty three (603) days weeks prior to the effective date declarations of surplus, the identified employee(s) will be advised in writing that their layoffposition(s) will be declared surplus; notice shall also simultaneously be given to AMAPCEO.
17.2.6 When as (b) all employees in the work unit will be offered the opportunity to voluntarily exit by electing a result of pay-in-lieu option under Article 27.7.1, or a bona fide reduction retirement or elimination pension bridging option. Where an employee so declares, the Employer will not seek a direct assignment or bump for that employee. For clarity, this will not affect the employee’s other entitlements including pay-in-lieu, retirement/pension bridging options (excluding Surplus Factor 80) in his/her surplus notice.
(c) requests to voluntarily exit from employees who receive notice under this article must be submitted within one (1) week from receiving advance notice under this Article.
(d) requests, under this Article, to exercise an exit option, will be approved.
(e) For clarity, if an employee does not request a voluntary exit option under this article, it will not affect or preclude his or her entitlement to the voluntary exit (including any retirement/pension bridging option) if the employee subsequently receives surplus notice.
(f) an employee who requests to voluntarily exit under this article may not retire on an unreduced pension under the Surplus Factor 80 option in Article 27.20 if he or she is directly assigned to a vacancy under Article 27.8. The employee must notify the Employer within one (1) week from being advised of the service being performed by any department, classified employees shall be subject direct assignment if he or she chooses to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior rescind their initial request to the effective date of layoff and informed of other displacement rights, if any and recall rightsvoluntarily exit as per 27.5.3.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons laid off because In the event management determines the necessity to reduce the numbers of lack of work employees in a shift, department, or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and classification in the plant, the following procedure shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as followsfollowed:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall 13.01 Probationary and temporary employees will be laid off first. This may not apply to employees in a skilled trade or mould mechanic role.
c13.02 Such reduction in the workforce will be consistent with the Company’s right to maintain a workforce, which has, at the time of lay-off, the qualifications and ability to perform the work available.
13.03 On the basis of their seniority, senior employees affected by the reduction in workforce will displace the most junior employee: a) Within their classification b) And then they will displace the most junior employee in the plant.
13.04 In the event two cases of a temporary lay-off, not to exceed five (25) or more working days, an employee may be laid-off without regard to seniority, except between employees have in the same length classifications and shift as defined in 13.03.
13.05 When an employee returns to work from a non-occupational illness or injury, occupational illness or injury, or other Company approved leave of serviceabsence, they will be reinstated in their former classification and shift, seniority permitting, if such position exists. If no such position exists, they will exercise seniority per clause 13.03 of this article.
13.06 If no work is available because of fire, lack of power, act of God, or for any other reason beyond the order of layoff shall be determined by lot in presence control of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary Company employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to may be laid off at and the end layoff notice provisions of such school year Article 13 will not apply.
13.07 The Plant Committee shall be given written notice on or before April 29 informing them retained in their respective area of their layoff effective at the end of such school year and of their displacement rightsrepresentation, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries a layoff regardless of classified employeestheir position on the seniority list. If no such work is available, nor they will be laid off under the lay-off provisions of the Collective Agreement. Union Stewards shall be retained in their respective area of representation, on their respective shifts, in the event of a lay-off, regardless of their position on the seniority list. If no such work is available they will be laid off under the layoff for lack provisions of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6Collective Agreement.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons (a) In the event a layoff is necessary, the Employer and the union agree to work jointly to minimize any adverse effects of any layoff to employees, and maximize creative approaches that meet the interests of both the Employer and the employees.
(b) A layoff for this purpose of the Article shall be defined as no available hours, for affected full-time employees for more than one shift.
(c) During work shortages of one shift or less the company will make every effort to provide impacted employees with available alternate work, providing they have the skill and ability to perform the work.
(d) In the event of a layoff of more than one shift, the most junior full-time employees in the department will be laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine first provided the remaining employees have the skill and ability to perform the remaining work.
(39e) months and No new employee shall be recalled in accordance with hired until those laid off have been given the provisions specified in Article 15, Section 15.3.2 and 15.3.3opportunity to recall.
17.2.2 (f) Employees who take voluntary demotions or voluntary reductions in assigned have received notice of at least a one full-day layoff, up to a maximum of a three (3) full consecutive day layoff, will have the option of requesting a vacation day(s), and vacation pay, at the time of the notice of layoff. Requests for vacation in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to will not be considered for recall for a period of sixty three (63) months; provided that after the same tests of fitness under which they qualified for appointment to the class still applylayoff day has occurred.
17.2.3 Layoff shall be handled (g) If an employee is laid off, he or she will have the option of accepting the lay-off prior to exercising their seniority rights as follows:
a) By seniority i. A full time employee laid off work in classificationhis or her department, shall bump the most junior full time employee on the shift, provided the laid off employee has the qualifications, skills and ability to do the work. If the junior employee on the shift is displaced, they will bump the junior employee in the plant.
b) The employee ii. Employees on layoff will be recalled in order of seniority provided they have the qualifications, skill and ability to do the available work. Notice of recall will be delivered verbally, by telephone, or, if unable to make contact with the shortest length of service in employee, by registered mail or courier to the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence last recorded address of the affected employees, a union representative and a District representativeemployee.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons laid off because f. Section A. 1. B. shall not apply to bus drivers, bus attendants and Nutrition Services during the first forty-five (45) calendar days of lack the school year. These forty-five (45) calendar days are considered the adjustment period for these Departments. Any reduction of work or lack hours outside the forty-five (45) calendar days will follow the terms of funds are eligible for recall from this Article.
1. A layoff for a period of thirty nine (39) months and shall be recalled defined as the elimination of a position resulting in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3loss of employment by a bargaining unit member for non-disciplinary reasons.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) 2. In the event two (2) or more employees have the same length of servicelayoff becomes necessary, the order District will notify the Union in writing, in advance, and the parties will meet to discuss ways of layoff shall avoiding layoffs. Such notification will be determined by lot in presence given at least thirty (30) calendar days before the start of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon next school year when the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees reduction is to be laid off at in the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such next school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty at least fourteen (6014) days prior when it is to be in the effective date of their layoffcurrent school year.
17.2.6 3. When as a result of a bona fide reduction or elimination of layoffs remain necessary following the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 discussion above, the District will make a good faith effort consider employees’ requests to take voluntary layoff until the necessary reduction is met. If voluntary layoffs are not accepted or do not meet the necessary reduction in the workforce, additional layoffs shall be made. The District shall notify the CSEA Executive Board Union of pending layoffs any employees electing to take a voluntary layoff.
4. Layoffs shall not affect permanent bargaining unit employees until the District has laid off temporary employees first, then probationary employees holding positions in the affected classifications.
5. Layoff will be in the inverse order of seniority District wide, within the affected position (as soon 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 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 processes, which result in a less senior employee being retained over a more senior employee.
7. An employee who is practicably possiblelaid off shall be entitled to “bump” the least senior employee in any other position in which that employee has worked, or in a lower position in the same classification the employee works or has worked, with the equivalent number of hours or fewer, provided the employee’s experience and qualifications meet the requirements of the position. An employee who wishes to exercise the employee's bumping rights must notify the District within five (5) working days of notification of the employee's layoff status.
8. Employees designated for layoff shall be given at least fourteen (14) calendar days of written notice of layoff. A copy of such notice will simultaneously be sent to the Union. This information shall remain confidential until its release is mutually agreed notice does not apply to by the District and the Associationan emergency of less than two (2) weeks in duration.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Management Agreement, Management Agreement
Layoff. 17.2.1 Persons 1. When a work force reduction becomes necessary, temporary or otherwise, the Company will provide written notification to the Union, shop ▇▇▇▇▇▇▇, and bargaining unit associates with as much advance notice as reasonably possible. Part time bargaining unit associates will be laid off because before full time bargaining unit associates, regardless of lack seniority within position description and location. Part-time associates being laid off will be based on actual hours worked while members of the bargaining unit.
2. The Company will determine the ultimate timing of any layoff, and department(s) affected.
3. All work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and force reductions shall be recalled by seniority within a job classification within a department/location.
4. An associate laid off in accordance with this section, may bump any associate with less seniority provided they meet the provisions specified qualifications of the job. Bumping is confined to positions in Article 15which the associate is qualified to perform and within the bargaining unit. Before any workforce reductions, Section 15.3.2 and 15.3.3layoffs, or reductions in hours, the Company will layoff part-time non-bargaining unit associates or reduce part-time bargaining unit associates prior to full-time associates. Should an associate with greater seniority, bump an associate of lesser seniority in a lower skill level, the senior associate’s salary may be adjusted to reflect a change in classification, such adjustment shall be based upon the average wage of the associates within that job classification. Associates who bump to a higher level classification will receive the minimum rate for that level or an increase of fifty cents ($0.50) per hour, whichever is greater.
17.2.2 Employees who take voluntary demotions or voluntary reductions 5. No new associates will be hired for a given location, while layoffs are in assigned time in lieu effect for that location. If a layoff extends for more than twelve (12) months, the affected associates will be terminated. Any associate re-hired, will begin their association anew and begin at the bottom of layoff or who remain in their present positions rather than be reclassified or reassigned, the seniority list. No new associate shall be granted hired by location while any layoffs are in effect, it being the same rights as persons laid intention of the parties that laid-off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff associates shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service re-hired in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the inverse order of layoff shall before any new associates are hired.
6. Should it become possible to re-hire associates during a layoff, associates will be determined by lot in presence able to respond to the posting for whatever positions are available. If the available responsibilities are of a lesser classification than that of their pre-layoff position, the returning associate’s salary may be adjusted to reflect their new responsibilities. Posted positions will be awarded to the most senior associate who can satisfactorily fulfill the responsibilities of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When job as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds defined in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6responsibility description.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because
14:01 Where layoffs of lack employees are necessary due to the seasonal nature of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled golf in accordance Manitoba, employee layoffs will take place commencing with the provisions specified in Article 15, Section 15.3.2 most junior employee and 15.3.3ascending from there to the most senior employee. This section 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.
17.2.2 14:02 Employees who take voluntary demotions were employed prior to March 31, 1995 shall receive at least four (4) weeks’ notice in writing of their date of being laid off, or voluntary reductions in assigned time the equivalent pay and benefits in lieu thereof. Employees who were employed as of layoff or who remain in their present positions rather than be reclassified or reassignedApril 1, 1995 and thereafter shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event receive at least two (2) weeks’ notice in writing of their date of being laid off, or more employees have the same length of service, the order of layoff equivalent pay and benefits in lieu thereof. The Union shall be determined by lot in presence provided copies of the affected employees, a union representative and a District representativenotices.
17.2.4 The names of permanent and probationary employees 14:03 Employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names on a recall list, and shall be listed on called back to work to their positions as required, beginning the Recall List by senioritymost senior employee and descending from there. The Union shall be provided with a copy of the recall list plus any amendments.
17.2.5 14:04 Employees on a recall list shall:
(a) Report any change of address and/or telephone number to the Employer without undue delay;
(b) When as a result recalled to their positions, respond to it within seven (7) days;
(c) Return to work within fourteen (14) days of the expiration of a specially funded programrecall, classified positions must or to such other date as may be eliminated at agreed to between the end of any school year, employee and classified employees will be subject to layoff the Employer;
(d) Except for good and sufficient reasons accept the lack of funds, recall in accordance with this section or the employees to be laid off at the end of such school year employee shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior deemed to the effective date of their layoffhave resigned.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by 14:05 Notwithstanding any departmentother provision in this Agreement, classified no new employees shall be subject to layoff for lack hired until all employees who are laid off have been given the opportunity of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rightsbeing recalled.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons laid off because (1) The University will continue to make reasonable efforts to avert layoffs of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3bargaining unit employees.
17.2.2 Employees who take voluntary demotions or voluntary reductions (2) In the event of a layoff within a job classification in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigneda department, shall be granted probationary employees within the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the job classification plus higher classes shall be laid off firstfirst without regard to their individual periods of employment. Non-probationary Employees shall be the next to be laid off on the basis of their classification seniority.
c(3) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, such employee will be assigned to the position held by the least senior employee in the same classification and department, provided he/she has the skill and ability, work record and experience to perform the duties of the job, and the least senior employee shall be laid off.
(4) In the event that an employee is scheduled to be laid off from a position in a department and there exists a vacant position in that department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Where two (2) or more employees have the same length of serviceare scheduled to be laid off from a department and are qualified for a vacant position in that department, the order of layoff shall vacancy will be determined by lot in presence of offered first to the affected employees, a union representative and a District representativeemployee with the most bargaining unit seniority.
17.2.4 The names (5) In the event that an employee with four or more years of permanent and probationary employees bargaining unit seniority is scheduled to be laid off shall be placed upon from one department and there exists a vacant position in another department for which the Recall from Layoff List for employee is qualified on the classification from which they were basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Names shall Where two or more employees are scheduled to be listed on laid off and are qualified for the Recall List by vacant position, the vacancy will be offered first to the employee with the most bargaining unit seniority.
17.2.5 (6) In the event that an employee with less bargaining unit seniority than specified in paragraph 4 above is scheduled to be laid off in one department and there exists a vacant position in another department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she will be considered for the vacant position before other candidates. When two or more employees are scheduled to be laid off who are qualified, first consideration will be given to the one with the most bargaining unit seniority.
(7) If a regular part-time Employee has greater equivalent seniority than a full-time Employee in the same classification who is to be laid off, the part-time Employee must be willing to accept full-time employment to continue working.
(8) In all of the above cases, the employee who is assigned to a new position shall serve a ninety (90) day probationary period. If he/she is removed from the new position during the probationary period, he/she shall be laid off.
(9) The University will provide at minimum a total of thirty (30) days’ notice of layoff or an equivalent period of time in the Casual and Temporary Program outlined in Article 41.
(10) When a cashier is temporarily laid off, and given a definite date of return to work and is denied Unemployment Compensation Benefits solely because of the Amendment effective July 20, 1983 to Section 590.11 of the Labor Law, the University will pay such employee the weekly sum of $220 beginning with the second week of unemployment and during such period of temporary unemployment, said sum to be reduced by any amount earned as a result of any type of employment during the expiration layoff period. Under no circumstances will the above payment be made after the return date given to employee at the time of layoff, or during a specially funded programperiod for which Unemployment Compensation Benefits are paid. Part-time cashiers on temporary layoff shall receive payments on a pro-rata basis. Full-time and part-time cashiers on temporary layoff shall continue to receive the medical benefits they received while employed. In the event that the layoff allowance for other dining services employees represented by Local 1199 is increased during the term of this agreement, classified positions must be eliminated at cashiers represented by Local 2110 will receive the same increase. The Department will make every effort to assess its summer staffing needs prior to the end of any school yearthe spring semester. Based on operational needs, and classified employees Cashiers will be subject retained during the summer months in order of their seniority within their location. Replacement or additional Cashiers, as needed, will be recalled in the same seniority order. If there is no Cashier from within the location who is available to layoff for the lack of fundswork, the employees Cashiers scheduled to be laid off at the end of such school year shall or on layoff from other locations will be given written notice on or before April 29 informing them recalled in order of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days seniority prior to the effective date of their layoffUniversity hiring a temporary employee or outside applicant, except in an emergency situation.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off The City Manager may layoff an employee from the Classified Service because of shortage of work, lack of work funds, material change in duties or lack organization, return of funds are eligible an employee from a leave of absence, or for recall from layoff other valid reasons. All possibilities for a period of thirty nine (39) months and shall transfer must be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3exhausted before layoff.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event 31.1 At least two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days weeks prior to the effective date of their a proposed layoff.
17.2.6 When as a result , the department head shall notify the Director of a bona fide reduction or elimination Human Resources Management of the service being performed by any departmentproposed action with the reasons therefore, classified employees and shall submit at that time, a statement certifying in each case whether or not the services of the employee to be subject to layoff for lack laid off have been satisfactory. A copy of work, affected employees such notice shall be given notice to the employee affected.
31.2 Whenever the layoff of one or more employees shall become necessary, as defined in Article XIII of the Charter and this Section, such layoff shall be made within classification and department when employees with permanent appointments in the class are involved.
31.3 The order of layoff not less than sixty (60of employees with permanent appointments in the class shall be in the reverse order of total time served within that class upon the established date for the layoff to become effective. This will permit layoff to a lower classification, provided that the amount of time the employee has served in the higher classification, plus the amount of time the employee has served in the lower classification(s), exceeds the amount of time served in the lower classification(s) days prior to the effective date of layoff and informed of at least one other displacement rights, if any and recall rightsemployee.
17.2.7 Not precluding 31.4 No employee holding a permanent appointment in the sixty (60) day notice required by 17.2.5 class from which ▇▇▇▇▇▇ is to be made shall be laid off unless all provisional and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Associationprobationary employees in that class have first been terminated.
17.2.8 Nothing herein provided 31.5 The names of probationary employees and employees with permanent status who are laid off shall preclude a layoff be placed on re-employment lists for lack of funds the class from which they were laid off in the event order of an actual the total time served in that classification. Total time in such cases shall include time served on military leave of absence from the Classified Service.
31.6 The City will maintain its regular level of contribution towards health and existing financial inability life insurance benefits for one (1) month, in addition to pay salaries of classified employeesany employer pre-paid coverage they may be eligible for, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6any permanent employee who is laid off.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Layoff. 17.2.1 Persons laid
25:01 The Employer when laying off because an employee shall give the employee four (4) weeks’ notice or payment in lieu thereof or a combination of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with both as the provisions specified in Article 15, Section 15.3.2 and 15.3.3case proves necessary.
17.2.2 Employees who take voluntary demotions 25:02 No notice or voluntary reductions in assigned time payment in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, notice shall be granted required when an employee is dismissed or a temporary employee ends her term of employment, the same rights as persons laid off and shall retain eligibility to be considered for recall for a period only exception being if the temporary employee is not advised of sixty three (63) months; provided that the same tests date her term ends at the time of fitness under which they qualified for appointment to the class still applyhiring.
17.2.3 Layoff 25:03 Laid off employees shall be handled placed on a re-employment list. Laid off employees shall be removed from the list if not rehired within twelve (12) months of the effective date of layoff. The Union will be provided with a copy of the list and changes as follows:
a) By seniority in classificationthey occur.
b25:04 Junior employee(s) The employee with the shortest length of service in the classification plus higher classes concerned shall be laid off first, beginning with the most junior and ascending from there.
c25:05 All employees shall be recalled in order of seniority. In cases where an employee in one (1) In classification has the event two (2) or more employees have qualifications and ability to perform the same length work of servicea lower paying classification, the order of layoff Employer will offer a vacancy in the lower paying classification to said employee if no senior employees from the lower paying classification are on the re-employment list.
25:06 Employees shall be determined recalled by lot registered letter, if they do not accept the offer in presence writing they shall be deemed to have declined the recall as of the affected employees, a union representative and a District representativetenth (10th) working day after the mailing of the recall.
17.2.4 25:07 The names of permanent and probationary employees laid off notice referred to in Article 25:01 above shall be placed upon state the Recall from Layoff List reasons for the classification from which they were laid off. Names shall be listed on layoff and the Recall List by seniority.
17.2.5 When as a result expected duration of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified 25:08 While employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 aboveare laid off, the District will make a good faith effort Employer agrees not to notify hire any new employees or persons into positions until all those on the CSEA Executive Board re-employment list have been given first opportunity to do the work providing they have the qualification and ability to perform the work. A decline by an employee shall in no manner whatsoever affect her rights under this Agreement, unless she refuses work in her previous classification, category of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District employee and the Associationstatus.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons laid Prior to implementing any staff reductions outlined herein, the Company will solicit for voluntary layoffs in order to mitigate laying off because Employees. Where significant layoffs are anticipated, the Company and the Union shall work together to explore mitigation options. These discussions will not unreasonably delay the business objective for the reduction of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3staff.
17.2.2 Employees who take voluntary demotions or voluntary 01. Notwithstanding the preceding, for staff reductions in assigned time in lieu of layoff or who remain in their present positions rather less than be reclassified or reassignedthirty (30) days, shall be granted the same rights for reasons such as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of serviceoperational disruptions, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid offCompany may reassign Employees as required. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of fundsAt such time, the employees to be laid off at Company will provide a seniority list that has been updated within the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June last thirty (30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff, to the affected Employee.
17.2.6 When as 11.01.01 Displacements shall take place in the following order:
a) Probationary Employees at the Location will be terminated.
b) Employees covering a result temporary vacancy at the affected Location shall revert to their previous position.
c) The most junior Employee at the Location who is affected by the reduction of a bona fide reduction or elimination staff, will receive notice of the service being performed by any department, classified employees shall be subject to layoff for lack reduction of work, affected employees shall be given notice of layoff not less than sixty staff at least fourteen (6014) days prior in advance of the reduction, and shall have the following options:
i. Elect to displace the effective date most junior Employee in the other status at the Location; or
ii. Elect to displace the most junior Employee in the same status at the other Location on the Base; or
iii. Elect to displace the most junior Employee in the system in either status; or
iv. Accept layoff status; or
v. Elect termination of layoff and informed service with the Company, with no right of other displacement rightsrecall. In such a case (11.01.01(c)(v)), if any and recall rightsthe Employee will receive severance pay in accordance with Article 11.03.
17.2.7 Not precluding the sixty (60d) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort Article 12.06.01 shall apply to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Associationany move associated with Article 11.
17.2.8 Nothing herein 11.01.02 Should an Employee elect to bump a junior Coordinator, this will be permitted provided shall preclude a layoff for lack of funds the conditions outlined in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.Article 12.03.03
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons In the event of a reduction in the work force, the following procedures shall apply:
(a) Probationary employees will be laid off because first from the classification(s) affected.
(b) Thereafter, employees with the least seniority in the classification(s) affected will be laid off. Provided however and subject to subsection (f) the following employees will be laid off last and recalled first: • Chief ▇▇▇▇▇▇▇ • Vice President • President
(c) An employee laid off from their classification who exercises their seniority to displace the least senior employee in a higher, lateral or lower classification must notify the Employer and displace such employee within one (1) workday after their layoff, provided they have five (5) workdays’ advance notice of lack the layoff. In the event they do not have five (5) workdays’ advance notice, they shall have five (5) workdays to displace such employee.
(d) The Employer will not use any employee in a classification in which they are not qualified if another employee is laid off therefrom, except in case of work an emergency (as defined in Section 25.1 (e)).
(e) Employees who exercise their seniority under this section will be paid at the same rate in a lateral classification or lack of funds are eligible for recall from layoff at the highest rate paid for a period lower classification provided that the new rate is not higher than the old rate, or at the rate closest to but not lower than the current rate of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3pay for a higher classification.
17.2.2 (f) The above procedures are subject to the condition that in the Employer’s judgment, those employees remaining subsequent to the layoff, or those employees who exercise displacement rights are qualified to perform the available work.
(g) Employees who take voluntary demotions on layoff or voluntary reductions in assigned time in lieu leave of absence shall continue on the medical insurance program for the two months following the month of layoff or who remain in their present positions rather than be reclassified leave of absence, provided they continue the employee’s premium, co-pay portion, following the month of layoff or reassignedleave of absence, but thereafter it shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence responsibility of the affected employeesemployee, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List if they desires, to make arrangements for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result continuation of the expiration of a specially funded program, classified positions must be eliminated insurance at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffexpense.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Custodial/Maintenance Agreement, Custodial/Maintenance Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event of a layoff occasioned by post Christmas volume decline, the least senior employee in the classification affected will be laid off or he may elect to displace the least senior employee in any other classification provided he is senior to the employee he is displacing. The displaced employees may then exercise his senior- ity in the same manner in any other classification until the least sen- ior employee is laid off. In all other cases, when a bid job is con- solidated, discontinued or suspended, the employee shall work as assigned. In the event the bid job is not restored after fifteen (15) workdays, the employee affected may elect to displace any employ- ee in his or any other classification provided he is senior to the employee he is displacing and qualified to perform the job selected. The displaced employee may then exercise his seniority in the same manner. Moves resulting from such displacements shall be limited to three (3). Should a fourth (4th) displacement result, such dis- placement shall be made after thirty (30) days.
(b) Full-time seniority employees hired prior to August 1, 1993 who may be subject to layoff will be assigned to displace one (1) or more part-time employees in the building if any part-time employees are working in that building. In such case, said employee will be provided with eight (8) contin- uous hours of work at the appropriate rate for the classification of work performed, except that:
1. If said employee displaces a part-time employee and continues to perform the same work as his full time assignment, he will con- tinue to receive his regular rate of pay.
2. If in the building there is a part-time employee receiving a wage rate higher than that of the displaced part-time employee(s), the full-time employee will receive such higher rate.
(c) Full time seniority employees hired after August 1, 1993 who may be subject to layoff will be afforded the opportunity to work part time on one (1) or two (2) or more shifts in their building. The laid off full time employees hired after August 1, 1993, part time rate of pay will be established according to their company date of hire. This condition will exist for all full time employees hired after August 1, 1993, until they have completed their two (2) year pro- gression and are receiving the same length top rate of servicepay in their classification. At this completion they will be entitled to the normal eight (8) hour guarantee.
(d) When ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇ ▇▇▇ ▇ (▇), (▇) and (C) above do not apply, the following shall: Full- time seniority employee in the order of layoff shall be determined by lot in presence their seniority may elect to take the work of part-time workers, if any, for the duration of the affected employeeslayoff. In such cases, a union representative and a District representative.
17.2.4 The names of permanent and probationary the full-time seniority employees laid off shall will be placed upon guaranteed three (3) hours' work at the Recall from Layoff List appropriate rate for the classification from which they were laid offof work performed, in addition to all fringe benefits.
(e) Section 3 (A), (B), (C) and (D) shall not apply when:
1. Names The Company shall have the right to lay off employees by clas- sification, in seniority order, for one (1) day. The laid-off employ- ees, in seniority order, may elect to displace the least senior employ- ees working in the building as loaders (excluding pre-load) or unloaders, provided the selection does not interfere with their regu- larly scheduled job. Full-time employees electing to displace part- time loaders or unloaders will be listed paid at their regular rate for the hours worked on the Recall List by senioritypart-time job.
17.2.5 When 2. During the first three (3) days of emergencies beyond the Employer's control, such as fire, flood, snowstorm, power failure, T.O.F.C. delays. During strikes against UPS or other companies which require a result reduction of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffwork force.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Supplemental Agreement, Supplemental Agreement
Layoff. 17.2.1 Persons laid off The City Manager may layoff an employee from the Classified Service because of shortage of work, lack of work funds, material change in duties or lack organization, return of funds are eligible an employee from a leave of absence, or for recall from layoff other valid reasons. All possibilities for a period of thirty nine (39) months and shall transfer must be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3exhausted before layoff.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event 31.1. At least two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days weeks prior to the effective date of their a proposed layoff.
17.2.6 When as a result , the department head shall notify the Director of a bona fide reduction or elimination HRMD of the service being performed by any departmentproposed action with the reasons therefore, classified employees and shall submit at that time, a statement certifying in each case whether or not the services of the employee to be subject to layoff for lack laid off have been satisfactory. A copy of work, affected employees such notice shall be given notice to
31.2. Whenever the layoff of one or more employees shall become necessary, as defined in Article XIII of the Charter and this Section, such layoff shall be made within classification and department when employees with permanent appointments in the class are involved.
31.3. The order of layoff not less than sixty (60of employees with permanent appointments in the class shall be in the reverse order of total time served within that class upon the established date for the layoff to become effective. This will permit layoff to a lower classification, provided that the amount of time the employee has served in the higher classification, plus the amount of time the employee has served in the lower classification(s), exceeds the amount of time served in the lower classification(s) days prior to the effective date of layoff and informed of at least one other displacement rights, if any and recall rightsemployee.
17.2.7 Not precluding 31.4. No employee holding a permanent appointment in the sixty (60) day notice required by 17.2.5 class from which ▇▇▇▇▇▇ is to be made shall be laid off unless all provisional and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Associationprobationary employees in that class have first been terminated.
17.2.8 Nothing herein provided 31.5. The names of probationary employees and employees with permanent status who are laid off shall preclude a layoff be placed on re-employment lists for lack of funds the class from which they were laid off in the event order of an actual the total time served in that classification. Total time in such cases shall include time served on military leave of absence from the Classified Service.
31.6. The City will maintain its regular level of contribution towards health and existing financial inability life insurance benefits for one (1) month, in addition to pay salaries of classified employeesany employer pre-paid coverage they may be eligible for, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6any permanent employee who is laid off.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff In the event the Hospital must reduce the workforce for a period of thirty nine 23 14 continuous calendar days or more in a given unit, ONA can request a meeting with 24 the leadership in the unit to review the reasons for the reduction in workforce and 25 whether a layoff should be initiated. The meeting will be scheduled within five business 26 days. Once the parties have met, if it is determined that a layoff is needed, the Hospital 27 shall institute a layoff that will be in reverse order of seniority provided the nurses 28 remaining on the unit are qualified to perform the work to be done. If unable to agree in 29 the meeting, ONA can demand a layoff be initiated. Nothing in this language prevents 30 the Hospital from initiating a layoff. 32 The Hospital will provide as much advance notice as reasonably possible, but in 33 all cases, in accordance with Article 5.4 - Notice of Termination, in no case will this 34 notice be less than 21 calendar days. A nurse selected for layoff will have the following 35 steps in the following order. For purposes of this Article, similar category applies to 1 "benefited" positions and "relief' positions. Benefited nurses can bump the least senior 2 benefited nurse, and relief nurses can bump the least senior relief nurse in each step. If 3 multiple positions are being eliminated, the most senior nurse shall exercise their choice 4 among the available options first. In the event that the Hospital is eliminating an entire 5 unit, job classification, or major portion thereof, or is combining or separating units, the 6 Association and Hospital will discuss additional options related to such reorganization. 8 Provisions in Article 11.7 shall apply to the awarding of these positions.
9 1. A nurse notified of layoff shall be entitled to fill any similar category posted 10 position within the department, provided he/she meets minimum qualifications for 11 the position. 12
13 2. If there is no posted position within the department, the nurse may bump 14 the most junior nurse (39similar category) months within the department provided he/she 15 meets minimum qualifications for the position.
17 3. If there is not a similar category position posted in the department from 18 which the nurse is being laid off, the laid off nurse may request and shall be recalled 19 entitled to replace the most junior similar category nurse in accordance with a bargaining unit 20 position for which the provisions specified in Article 15laid off nurse is qualified to perform, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu following normal 21 orientation. To exercise this right, the laid-off nurse must have greater seniority 22 than the nurse being replaced. 24 In all steps above, the nurse being laid off must notify management within 48 25 hours of receiving notice of layoff or who remain of their decision to exercise their bumping rights. 27 A nurse on layoff status will have the ability to access electronic notification of 28 internal and external posted positions for up to six months. It will be the laid-off nurse's 29 responsibility to meet the application timelines, per Article 11, and the Hospital 30 requirements and application process, in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility order to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still applyposted 31 positions.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Professional Services, Professional Services
Layoff. 17.2.1 Persons laid off because (a) The Employer agrees that the seventy-two (72) most senior regular employees within the bargaining unit will not be subject to layoff.
(b) The Employer agrees to maintain a minimum of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine seventy-two (3972) months and positions/classifications, which shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled allocated as follows:
a(1) By Pay Levels 1-3: 40 positions
(2) Pay Levels 4-6: 23 positions
(3) Pay Levels 7-9 9 positions
(c) Each employee will be assigned a point of assembly within his/her seniority in classificationarea. The seniority areas shall be the following:
(1) ▇▇▇▇▇▇▇▇
(2) ▇▇▇▇▇▇/Thetis Island;
(3) Salt Spring/Mayne Island/▇▇▇▇▇▇▇ Island/▇▇▇▇▇▇ Island/Saturna Island.
b(d) The employee with In the shortest length event of service in a layoff of regular employees, subject to meeting the classification plus higher classes job requirements of available work, surplus positions will be identified by point of assembly and regular employees shall be laid off first.in reverse order of seniority within the seniority area. The employee identified as the least senior in the seniority area may opt to displace another employee in the following sequence:
c(1) In least senior employee in the event two series in the service area;
(2) or more employees least senior employee in all series in the seniority area; or
(3) least senior employee in all series in the service area.
(e) An employee whose point of assembly has been changed as a result of this Article, shall have the right to return to the original point of assembly should a job opportunity become available at the point of assembly in the same length classification series during the life of servicethe Collective Agreement. Should an employee opt to return to the original point of assembly, no moving expenses will be paid and the order pay rate shall be the rate for the position being filled.
(f) Notice of layoff shall be determined by lot in presence of the affected employeeswriting, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty fourteen (6014) work days prior to the effective date date. Copies of their such notification will be forwarded to the Union. If the employee has not had the opportunity to work fourteen (14) full days after notice of layoff, he/she shall be paid in lieu of work for that part of the fourteen (14) days during which work was not made available.
17.2.6 When (g) For the purposes of recall, an employee whose point of assembly has been changed as a result of a bona fide reduction or elimination this article may opt for assignment to other points of the service being performed by any departmentassembly as they come available. Recall - is based on seniority, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior an employee's ability to perform the effective date of layoff and informed of other displacement rights, if any and recall rightswork that is available.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons (The following provisions are subject to Schedule “H” for Temporary Full-Time, Auxiliary, and Regular Part-Time Employees.)
(a) When laying off an employee or employees within each classification, the last hired shall be the first laid off, based on length of service, it being understood that:
(i) the Employer may place the laid off because employee in a vacant regular full-time position of lack the same classification within the bargaining unit.
(ii) if employees are not placed in a vacant position under 14.1(a)(i) within fourteen (14) calendar days of receipt of notice, they have the option to bump:
a. The least senior employee in their classification within the work location; or
b. the least senior employee in a lower classification within the work location; or
c. the least senior employee in a classification valued at or lack below Operations Worker II in any work location. Employees only have the above bumping rights in relation to positions for which they are already qualified and are able to perform.
(iii) if employees are not placed in a vacant position under 14.1(a)(i) and do not opt to bump under 14.1(a)(ii), they will be placed on the recall list.
(iv) probationers have no seniority, and
(v) an employee who has been promoted from one classification to another, and subsequently demoted to the lower classification shall, within that lower classification, have seniority according to length of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance service with the provisions specified in Article 15Employer and shall, Section 15.3.2 and 15.3.3if a layoff occurs, be laid off accordingly.
17.2.2 (b) Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or have completed their probationary period and who remain in their present positions rather than be reclassified or reassignedare laid off and subsequently recalled within one (1) year, shall be granted credited with previous service for the same rights as persons laid off and shall retain eligibility to be considered for recall for a period purpose of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest determining length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same connection with vacations and other benefits based on length of service.
(c) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Employer, the order of layoff Employer shall be determined by lot in presence of give to the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and employees concerned who have completed the probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end period not less than ten (10) days' prior written notice of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year under this clause. Such notices shall be given written notice on in writing either by delivering or before April 29 informing them of their layoff effective at mailing the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior same to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject employee for whom it is intended. If an employee to layoff for lack of work, affected employees shall be given whom notice of layoff is given under this Clause 14.1(c) has not less than sixty been given the opportunity to work for at least ten (6010) days prior of the period of such notice the employee shall be paid for those days for which work was not made available. The Employer shall be required to the effective date give notice of layoff under this Clause 14.1(c) only to those Regular Full- Time, Regular Part-Time, Temporary Full-Time and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds Auxiliary Employees who have acquired seniority rights in the event of an actual seniority pool and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by have completed the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6probationary period as aforesaid.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons laid off because 22:01 Where by reason of lack a shortage of work or lack funds, or the abolition of funds 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 eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3to take place.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, 22:02 The Employer shall be granted determine the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the within each classification from which they were employees are to be laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result 22:03 Where the layoff(s) of employee(s) is necessary, the expiration Employer shall provide the Union with written notice not less than twenty (20) calendar days prior to the date of a specially funded programlayoff(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected.
22:04 Employees selected for lay-off, classified positions must be eliminated at the end of any school yearexcept for term employees with less than one
(1) year seniority, and classified employees will be subject to layoff for the lack of funds, the employees to be provided with four (4) weeks’ notice or payment in lieu thereof. Where a term employee is being laid off at the end of such school year a specific term of employment or after completion of a job for which the employee was specifically employed, no notice of layoff is required. The Union shall be given written provided with a copy of all layoff notices issued.
22:05 Two (2) weeks’ notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice payment in lieu thereof shall be given not provided to term employees with less than sixty one (601) days year of seniority who are selected for layoff.
22:06 In determining the order of layoff of employees, seniority shall be the determining factor. This Section is subject to the requirement that the
22:07 An employee selected for layoff may exercise an option to displace the most junior employee in the same classification or in an equivalent or lower classification, based on the bi-weekly rate of pay in the pay plan, subject to the following:
(a) A term employee laid off prior to the effective date expiry of their layoffhis/her term may only displace another term employee with the same scheduled expiry date;
(b) The employee exercising the displacement option must have the qualifications and ability to perform the work of the person he/she is seeking to displace;
(c) The employee may only decline the displacement opportunity if the position is in a location which would require a change in residence of the employee;
(d) If the employee cannot displace the most junior employee or declines the displacement option in accordance with subsection (c), the employee may then elect to displace the next most junior employee. The process will continue in this manner until there are no displacement opportunities.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject 22:08 An employee who is displaced pursuant to layoff for lack of work, affected employees 23:07 shall be given notice of layoff not less than sixty (60) days prior lay- off and may, in turn exercise an employment displacement option as set out in 23:07. The process will continue in this manner until there are no displacement opportunities.
22:09 An employee who is entitled to displace another employee in accordance with the provisions of this Article may have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the effective date specific duties of layoff the position. The familiarization period is not intended to be a period during which an employee acquires the
22:10 For purposes of this Article, “Qualifications” refers to education, knowledge, training, skills, experience, aptitude, and informed of other displacement rightscompetence. “Ability” refers to mental, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and 17.2.6 abovewhich employees are to be laid-off, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District determine qualifications, and the Associationability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non-discriminatory manner.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons (The following provisions are subject to Schedule “F” for Temporary Full-Time, Auxiliary, and Regular Part-Time Employees.)
(a) When laying off an employee or employees within each classification, the last hired shall be the first laid off, based on length of service within the Branch, it being understood that:
(i) the Employer may place the laid off because employee in a vacant regular full- time position of lack the same classification within the bargaining unit
(ii) if the employee is not placed in a vacant position under 14.1(a)(i) within fourteen (14) calendar days of work receipt of notice, the employee has the option to bump:
a. the least senior employee in their classification within the branch; or
b. the least senior employee in a lower classification within the branch; or
c. the least senior employee in a classification valued at or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled below Operations Worker II in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3any branch.
17.2.2 (iii) If employees are not placed in a vacant position under 14.1(a)(i) and do not opt to bump under 14.1(a)(ii), they will be placed on the recall list. Employees who take voluntary demotions or voluntary reductions only have the above bumping rights in assigned time in lieu of layoff or who remain in their present relation to positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they are already qualified for appointment and are able to perform.
(iv) probationers have no seniority, and
(v) an employee who has been promoted from one classification to another, and subsequently demoted to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By lower classification shall, within that lower classification, have seniority in classification.
b) The employee with the shortest according to length of service in the classification plus higher classes shall Branch and shall, if a layoff occurs, be laid off firstaccordingly.
c(b) In Employees who have completed their probationary period and who are laid off and subsequently recalled to work in their Branch within one (1) year of the event two (2) or more employees have layoff, shall be credited with previous service in that Branch for the same purpose of determining length of service in connection with vacations and other benefits based on length of service. Employees who have completed their probationary period and who have been laid off and subsequently recalled to work in a Branch, other than the order Branch from which the employee was laid off, within one (1) year of the layoff shall, upon completion of six (6) continuous months of service in the new Branch, be credited with the employee's previous service in the Branch from which the employee was laid off for the purpose of determining length of service in the new Branch. After one (1) year in the new Branch the employee's seniority shall be determined by lot applicable only to the new Branch and shall have no application in presence the employee's former Branch.
(c) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and Employer the Employer shall give to the employees concerned who have completed the probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end period not less than ten (10) days' prior written notice of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year under this clause. Such notices shall be given written notice on in writing either by delivering or before April 29 informing them of their layoff effective at mailing the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior same to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject employee for whom it is intended. If an employee to layoff for lack of work, affected employees shall be given whom notice of layoff is given under this Clause 14.1(c) has not less than sixty been given the opportunity to work for at least ten (6010) days prior of the period of such notice the employee shall be paid for those days for which work was not made available. The Employer shall be required to the effective date give notice of layoff under this Clause 14.1(c) only to those Regular Full-Time, Regular Part-Time, Temporary Full-Time and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds Auxiliary Employees who have acquired seniority rights in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by seniority pool have completed the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6probationary period as aforesaid.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons laid off because of Seniority will prevail on layoffs due to lack of work in the job classification or lack reductions due to economic considerations. For layoff, seniority is determined on a floor/unit (e.g. G-Blue, F-Green, etc at UH or department (RWJ Surgery, RWJ Pediatrics, etc.) basis first, without taking shift into account. The layoff of funds regular full and part time staff from a specific work unit or department will not occur unless regularly assigned agency nurses and regularly assigned per diem nurses in the work unit/department are eligible first eliminated. Within the assigned clinical unit, regular employees shall not be laid off before temporary employees in the same job titles. The University will provide a minimum of twenty eight (28) days notice of layoff to any regular full-time or regular part-time employee to be affected. At the University’s discretion, payment in lieu of notice may be given for the 28 days notice. The University shall continue the practice of providing the Union with a copy of each layoff notice sent to employees. Such notice shall be provided, by mail, or fax, or email within twenty four (24) hours of the employee’s receipt of the layoff notice. When an individual is identified for lay off, the staff member will follow the process below:
a) First, an employee identified for layoff will be offered the opportunity to fill a vacancy, for which he/she is qualified, in his/her current title within the employee’s current department or division within the operating unit and campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the recall from layoff list. No probationary period.
b) Second, if a vacancy pursuant to (a) above is not available, the employee will be offered a vacancy, for which he/she is qualified, in his/her current title within the operating unit and campus. If the employee chooses not to accept the vacancy offered, the employee may opt to be placed on the recall list. Probationary of 90 days, with possible 90 day extension.
c) Third, if a vacancy pursuant to (a) or (b) above is not available, the employee will be offered a vacancy, for which he/she is qualified, 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. Probationary of 90 days.
d) Fourth, if a vacancy pursuant to (a) , (b), or (c) above is not available, the employee will be offered a vacancy, for which he/she is qualified, in his/her current title first, or immediate prior title within the bargaining unit, University- wide. If the employee opts not to fill a vacancy offered under this section, the employee may opt to be placed on the recall list or proceed to (e) below. Probationary of 90 days, with possible 90 day extension.
e) Fifth, if an employee is not placed in a vacancy pursuant to (a), (b), (c) or (d) above, the employee may bump the least senior employee in his/her current title in a position for which he/she qualifies, within the operating unit and campus. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under (f) below. Probationary of 90 days, with possible 90 day extension.
f) Sixth, if the opportunity to bump is not available pursuant to (e) above, the employee may bump the least senior employee in his/her current title in a position for which he/she qualifies, campus wide. If an employee opts not to exercise his/her 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 (g) below. Probationary of 90 days, with possible 90 day extension.
g) If the employee is not offered the opportunity to bump pursuant to (f) above, the employee may bump the least senior employee in his/her immediate prior title, in a position for which he/she qualifies, 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. Probationary of 90 days, with possible 90 day extension. Regular Part time employees may not bump regular full time employees, however, they may bump other regular part time staff at equivalent or less hours. Regular full time staff may, however, bump part time staff if there are no full time opportunities available. An employee who is placed in a vacancy or bumps into a position on his/her campus may not bid on a vacant position for a period of thirty nine six (396) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons months. If a laid off and shall retain eligibility to be considered for recall employee accepts a vacancy on another campus, he/she may not bid on a vacancy for a period of sixty three one (631) months; provided that the same tests of fitness under which they qualified for appointment to the class still applyyear.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because Layoff shall mean the discontinuance of lack Academy employment of a unit member for bona fide financial or program reasons. For purposes of this Article, a unit member with a work or lack year of funds are eligible for recall from layoff for a period of thirty nine less than twelve (3912) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to not be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off firstduring the months which are not included within the unit member's work year. The Academy shall desig n ate the layoff unit within which layoff may occur and the positions within the said layoff unit which will be eliminated. The Academy desig n ation shall not be grievable.
c1. Unit members within the desig n ated layoff unit shall be grouped into the following categories:
a. Unit members without continuing appointments;
b. Unit members with continuing appointments with less than five (5) In years of relevant Academy Service;
c. Unit members with continuing appointments with at least five (5) years but less than ten (10) years of relevant Academy Service;
d. Unit members with continuing appointments with at least ten (10) years but less than fifteen (15) or more years of relevant Academy Services;
e. Unit members with continuing appointments with fifteen (15) or more years of relevant Academy service.
2. Unit members who occupy a position which will be eliminated within the event desig n ated layoff unit may retain employment in another position within the layoff unit which will not be eliminated provided that:
a. the position to be retained is occupied by a unit member in a lower category;
b. Retention of employment shall be in that position, if any, which is occupied by a person in the lower category in the layoff unit for which the unit member in the position to be eliminated possesses skill, training and qualifications necessary to perform the services to be maintained.
c. Qualifications referenced in 2(a) and 2(6) as determined by the Academy shall be reasonably related to the services to be maintained.
3. Unit members with continuing appointments with less than five (5) years' service shall receive at least three (3) months' notice of layoff in writing or two (2) months' pay in lieu of notice. Unit members with continuing appointments with five (5) or more employees have the same length years of service, the order of layoff service shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated receive at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty least four (604) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given months' notice of layoff not less than sixty or three (603) days prior to the effective date months' pay in lieu of notice. One week of additional severance pay will be received by unit members with continuing appointments for each year or partial year of Academy service. The entitled weeks of layoff and informed severance pay will be paid at the biweekly pay period until the obligation of other displacement rightsthe Academy has been discharged. If the unit member is re-employed by the Academy during the layoff and severance pay period, if any and recall rightsremuneration under this Article shall be reduced by the amount of salary paid in the position in which re-employed.
17.2.7 Not precluding 4. Unit members who have unused, accumulated compensatory time shall be paid for such time in a lump sum provided that the sixty (60) day notice required by 17.2.5 compensatory time was accumulated in accordance with Article 14, Section C, and 17.2.6 above, that the District will unit member and his or her supervisor make a good faith reasonable effort to notify reduce the CSEA Executive Board unused compensatory time balance between notification of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District layoff and the Associationeffective day of the layoff.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 17.2.1 Persons (a) Employees shall be laid off because in the order of lack reverse seniority.
(b) Medical and Dental coverage for laid off employees shall cease as of work or lack the last day of funds are eligible for the month during which the layoff commenced. All other benefits shall cease on the day of the layoff.
(c) At least 5 working days prior to their effective date of layoff employees will be required to elect in writing to avail themselves of the procedures set forth in Section 10.5, Recall OR Section 10.6, Compensation. If an employee fails to make such election within the specified period the employee shall be deemed to have elected compensation pursuant to Section 10.6. 5. Recall In recalling employees who have been laid off, the following terms and conditions shall apply only to laid off employees who have elected this process pursuant to paragraph (c) of Section 10.4:
(a) No new employees shall be hired following a layoff until those employees who were laid off have been given a reasonable opportunity of recall from layoff for a period of thirty nine as detailed below.
(39b) months and Subject to the provisions below, laid off employees shall be recalled in accordance with the provisions specified in Article 15order of seniority, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility their right to be considered recalled for recall for a period of sixty three (63) months; provided that 3 years immediately following the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified (c) Laid off employees shall be subject to layoff responsible for lack ensuring that the Employer is notified of worktheir most current mailing address and telephone number.
(d) In recalling a laid off employee, affected employees the Employer shall be given notice of layoff not less than sixty (60) days prior advise the employee by double-registered letter directed to the effective date latest mailing address provided by the employee, and shall also advise the Association by copy of layoff and informed of other displacement rights, if any and recall rightssuch letter.
17.2.7 Not precluding (e) A laid off employee who does not respond within 7 calendar days of the sixty initial attempt of the Employer to contact him or her shall have no further right to recall under this Section.
(60f) day notice required by 17.2.5 and 17.2.6 Upon making contact with a laid off employee as outlined in paragraph (d) above, the District will make a good faith effort to Employer shall notify the CSEA Executive Board employee of pending layoffs as soon as is practicably possible. This information the time and place for reporting to work, providing that the Employer shall, on request, allow the employee to report to work up to 14 days from the date of the Employer's initial attempt to contact the employee, or at the discretion of the Employer whose approval shall remain confidential until its release is mutually agreed not be unreasonably withheld, up to by the District and the Associationan additional 14 days.
17.2.8 (g) A laid off employee who refuses to or does not report to work at the time and place as determined in paragraph (f) above shall have no further right to recall under this Section.
(h) Nothing herein provided in this clause shall preclude prohibit an employee who has forfeited his or her rights to recall from applying for vacancies following such time as all eligible laid off employees have been given a layoff for lack reasonable opportunity of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6recall.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff. 17.2.1 Persons laid Layoffs shall be conducted in accordance with this contractual procedure only. Whenever it becomes necessary for the Board to reduce its work force, it shall lay-off because employees or abolish their positions as provided in this Article. The Board will lay-off for lack of funds, lack of work or lack abolishment of funds are eligible for recall from positions. Whenever the Employer determines that a layoff for a period or job abolishment is necessary, the following shall apply:
1. The Employer shall determine the number of thirty nine (39) months employees, the classifications and shall positions to be recalled in accordance with affected by the provisions specified in Article 15, Section 15.3.2 layoff. The Employer agrees to notify the Union and 15.3.3allow the Union to propose possible alternatives and discuss the impact of the layoff prior to initially notifying the affected employees.
17.2.2 2. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for serving a probationary period of sixty three (63) months; provided that the same tests of fitness under which they qualified for after initial appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) before employees who have completed a probationary period. Bargaining unit members shall be laid off by seniority in the classification in which they are working. Seniority will be determined in accordance with Article 17: Seniority. All substitutes will be laid off prior to regular bargaining unit members, and the regular bargaining unit members will be offered substitute work when available. In the event two (2) or more employees have the same length of serviceseniority date, the order tie will be broken by the last digit in the social security number with 9 being high and zero (0) being low. If the last number is the same, then you will proceed to the next number and so on until the tie is broken.
3. The Employer shall notify the affected employees and the Union, in writing, at least fourteen (14) calendar days in advance of any layoff. Each notice of layoff shall be determined by lot in presence of state the affected employees, a union representative and a District representative.following:
17.2.4 a. The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff; and
b. A statement advising the employee of his/her rights of reinstatement from the layoff and bumping rights in B below.
17.2.6 When as a result c. Employees notified of a bona fide reduction lay-off have five (5) calendar days to bump into a lower classification provided they are qualified to perform the work and hold or elimination of can obtain the service being performed necessary certificate or license for that position, and have more program seniority than the present incumbent they are bumping.
d. Any employee displaced by any department, classified employees shall be subject (A) (3) (c) above will also have up to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty five (605) days prior to bump into a lower classification under the terms of (A) (3) (c).
e. Bargaining Unit members will be placed at the appropriate Step on the salary schedule for the position they have bumped taking into consideration their service to the effective date of layoff and informed of other displacement rights, if any and recall rightsprogram.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 17.2.1 Persons (a) When a reduction in force in any line of progression is necessary, probationary employees will be laid off because first. In case it is necessary to further reduce the number of lack employees in a line of work or lack of funds progression, employees who are eligible for recall from layoff for a period of thirty nine the lowest on the seniority list may:
(391) months and Starting with the job classification in which the reduction is to be made, the employees with the least plant seniority shall be recalled removed therefrom. They shall have the right to exercise their seniority in accordance with lower job classifications for which they are qualified in that line of progression. This process shall be continued until the provisions specified number of employees to be reduced in Article 15, Section 15.3.2 and 15.3.3the line of progression has been reclassified to the entrance job.
17.2.2 Employees (2) An employee who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility is to be considered for recall for displaced from an entrance job in a period line of sixty progression shall have a maximum of three (633) months; working days from date of being notified to exercise his plant seniority, provided that the same tests of fitness under which they he is qualified for appointment the job involved, by transferring to the class still apply.
17.2.3 Layoff shall 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 handled laid off. "Entrance Jobs" are defined as follows:: Control Technician-Junior Equipment Operator-Junior Performance & Industrial Hygiene Technician-Junior Stores Attendant-Junior
a(3) By seniority After the transfers resulting from the exercise of the foregoing rights have been accomplished in classification.
b) The employee with all lines of progression in which such action is taken, the shortest length excess employees remaining from all lines of service in the classification plus higher classes progression shall be laid off firstin accordance with their plant seniority.
c(4) In As soon as practicable after the event two Company has identified with certainty those employees to be laid off under this Section 9, the Company will begin to consider each such employee for placement elsewhere. This consideration will continue until any one of the following occurs: (1) the employee is placed at the ▇▇▇▇▇▇▇▇ Plant or elsewhere; (2) the employee is no longer retaining seniority rights under Section 10 below; (3) the employee is recalled under Section 11 below; or more employees (4) the Company ceases to have a current address for the same length employee. The effective date of service, the order of an employee's layoff shall not be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When delayed as a result of the expiration failure of the Company to begin consideration of the employee for a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days placement elsewhere prior to the effective date of their layoffsuch date.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 17.2.1 Persons 13.1 Layoff will mean:
13.1.1 elimination of positions; or
13.1.2 reduction in hours of work.
13.2 If it becomes necessary to reduce the work force, CLS will notify HSAA and all employees who are to be laid off, in writing by registered mail or in person, at least twenty (20) working days prior to layoff.
13.2.1 The twenty (20) working days' notice will not apply where the layoff results from an Act of God, fire, or flood. However, the affected employee will receive pay for the days when work was not available up to a maximum of twenty (20) working days pay in lieu of notice.
13.2.2 If the employee laid off because has not been provided with an opportunity to work her regularly scheduled hours for twenty (20) working days after notice of lack layoff, the employee will be paid in lieu of such work or lack for that portion of funds are eligible for recall from the twenty (20) working days during which work was not made available.
13.3 Layoff will be in reverse order of seniority of employees in the classification. However, CLS will have the right to retain employees who would otherwise be laid off when layoff for a period of thirty nine (39) months and shall be recalled in accordance with this Article would result in retaining employees who are not qualified and capable of performing the provisions specified in Article 15, Section 15.3.2 and 15.3.3work required.
17.2.2 Employees 13.4 An employee who take voluntary demotions or voluntary reductions in assigned time in lieu of receives a layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty notice will have three (633) months; working days from receipt of notice to indicate her wish to displace a junior employee in her classification provided that the same tests employee is qualified and capable of fitness under which they qualified for appointment to performing the class still applyrequired work.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification13.4.1 For the purposes of this article, these are the Classifications: Laboratory Technologist; Laboratory Assistant; Glassware Attendant; Pathology Technician.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid 13.5 Laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative will accrue sick leave and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List earned vacation for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result first (1st) month of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result 13.6 Laid off employees will not be entitled to Named Holidays with pay which may fall during the period of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject layoff.
13.7 If CLS proposes to layoff for lack an employee while she is on leave of absence, Workers' Compensation or absent due to illness or injury, she shall not be served with notice under Article 13.2 until she has advised CLS of her readiness to return to work, affected employees shall be given .
13.8 When notice of layoff not less than sixty (60) days prior ▇▇▇▇▇▇ is delivered to an employee in person, the effective date employee may be accompanied by a representative of layoff and informed of other displacement rightsHSAA, if any and recall rightsone is available.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons In the application of any provision of this Article, the Employer shall avoid the use of its right to lay off long service employees until it has exhausted all other avenues to facilitate the continuing employment of such Employees. In any event, the reduction of positions shall be achieved, where possible, by attrition. The Employer shall inform the Union of any pending lay-off and, requested by the Union, shall meet with the affected Employee present before the lay-off takes place in order that both parties may make every reasonable effort to facilitate continuing employment here in the bargaining unit. If lay- offs become necessary, such lay-offs shall take place from among those Employees doing similar work within the department in the reverse order of seniority, the Employee with the least seniority being laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 first. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility are to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event shall be given minimum prior notice in writing, or pay in lieu thereof, as follows: Continuous Service Written Notice Less than two (2) years Four (4) calendar weeks Two (2) but less than five (5) years Eight (8) calendar weeks Five (5) but less than ten (10) years Twelve (12) calendar Ten (10) but less than fifteen (15) years Twenty (20) calendar Fifteen (15) or more employees have years ( 2 4 ) calendar weeks In each case a copy of such notice will be sent to the same length Union. Acceptance of servicepay in lieu of notice shall not alter a Employee’s rights under this Article, the order of layoff and name shall be determined by lot in presence placed on the re-employment list as of the affected employees, a union representative and a District representative.
17.2.4 The names expiry date contained in the notice of permanent and probationary employees laid lay-off. Employees who have been given notice of lay off shall be placed upon eligibleon request for reasonable training to develop their job skills if the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end provision of such school year shall training would assist in their redeployment or relocation within the University and can be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without completed during the notice required by Sections 17.2.5 and 17.2.6.period of lay
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 1516.01 The Employer will provide all notice, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time pay in lieu of notice and/or severance required under the Employment Standards Act in the event of a layoff. Where possible, the Employer will give seventy two hours (72) notice of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still applyaffected employees and to the Union and, if requested, will meet to discuss the layoff with a Union representative or designate during the notice period.
17.2.3 Layoff shall be handled as follows16.02 In the event of a layoff, the following will apply:
(a) By seniority in classificationTemporary employees within the classification will have their employment ended.
(b) The employee with the shortest length of service in Probationary employees within the classification plus higher classes shall will be laid off first.
(c) In Among the event two (2) or more remaining employees have the same length Employer will determine the number of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary full-time and/or part time employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees required to be laid off in each classification based on operational needs. The Employer will, at the end Union’s request, review the basis of such school year shall its determination with the union, although this will not impact the timing of layoff notice.
(d) full-time and / or part-time employees so identified will be given written notice laid off in reverse order of seniority.
(e) A laid off full time employee may elect to displace the most junior part time employee(s) within the classification if he or she has greater service. Such full time employee will be placed on the part time seniority list based upon his or before April 29 informing them her service date. A laid off full time employee may also displace the most junior full time or the most junior part time employee, in a lower or equally paid classification provided he or she has greater service and possesses the qualifications, skill, knowledge and ability to perform the job in the lower or equally paid classification with a brief familiarization. Similarly, a laid off part-time employee may displace the most junior part time employee in a lower or equally paid classification provided he or she has greater service and possesses the qualifications, skill, knowledge and ability to perform the job in the lower or equally paid classification with a brief familiarization.
(f) A laid off full time or part time employee may displace a contract employee working in an equal or lower paid classification and assume the remainder of their layoff effective at the end term of such school year the contract provided that the full time or part time employee has the qualifications, skill, knowledge and ability to perform the job in the lower or equally paid classification with a brief familiarization.
(g) A laid off employee who successfully posts to a permanent position with the employer either inside or outside of their displacement rights, if any and the bargaining unit will forfeit his or her recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior rights to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction position to which he or elimination of the service being performed by any department, classified employees shall she has been laid off and will not be subject to layoff eligible for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.severance under Article 16.04
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because (a) In the event of lack of work or lack of funds are eligible for recall from a layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15any reason, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes employees shall be laid off firstin the inverse order of their seniority in the classification in which the work force is being reduced subject to sections (b) and (c) below. No layoffs or reduction to a lower classification shall be executed as long as there are temporary employees serving within the affected classification.
(b) A tie in classification seniority shall be broken and greatest seniority determined first by the highest score on the eligible list from which appointment was made; if a tie remains, then, the greatest length of service with the City; if a tie remains, then, the date and time of receipt of the application by the Bureau of Human Resources; if a tie remains, then, any standardized and equitable procedure as developed by the Director of the Bureau of Human Resources.
(c) In When an employee is laid off due to a reduction in the event two work force that employee shall be permitted to exercise seniority rights to replace other employees in the sequence described below, providing such employee has greater seniority than the employee who is being replaced, and further providing the replacing employee is qualified to perform the work of the employee who is being replaced. Any disagreement as to the qualifications of employees in regard to this section may be taken up through the grievance procedure.
1. The employee is placed in a vacancy in the same classification/specialty within the employee’s assigned bureau.
2. If no such vacancy exists, the employee displaces the least senior employee in the same classification/specialty.
3. If none, the employee is placed in a vacancy in the same classification/specialty City-wide.
4. If no such vacancy exists, the employee displaces the least senior employee in the same classification/specialty City-wide.
5. If none and the employee previously held status in another specialty in the same classification then steps 1 – 4 are repeated for that specialty.
6. If none and the employee previously held status in a lower classification/specialty, then steps 1 – 4 are repeated for that classification/specialty.
7. If the employee exhausts all options in steps 1 -6 than he is laid off.
(2d) or more employees Employees shall be called back from layoff according to total City seniority in the classification from which the employee was laid off. Employees who were displaced to a part-time position as result of a layoff shall have the same length of service, the order of layoff right to be called back to a full-time position. No new employee shall be determined by lot hired in presence of any classification until all employees on layoff status in that classification/specialty have had an opportunity to return to work. Laid off employees reappointed to bureaus other than the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees one from which they were laid off shall remain on a bureau reemployment list, in seniority order, for certification to their original bureau, unless they shall waive in writing such certification. The right to be placed upon so certified shall remain in effect until they shall have acquired seniority equal to the Recall from Layoff List for seniority they had in the classification bureau from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Labor Agreement
Layoff. 17.2.1 Persons laid off because In case of lack a layoff of work or lack under five (5)days the Company will give as much notice to the Union as practical. The Company will give a minimum of funds are eligible for recall from five (5) days notice to the seniority employees and the Union of any planned layoff for a period of thirty nine more than one (39) months and shall be recalled in accordance 1)week, after discussion with the provisions specified Union, provided the Company is able to do so. Notice to the Union will be in Article 15, Section 15.3.2 and 15.3.3writing.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu (a) In the case of layoff or who remain from work, the following factors will apply: seniority first ability Where the ability of the senior employee is in their present positions rather than dispute, the employee will be reclassified or reassignedgiven adequate opportunityto demonstrate they can perform the required work efficiently, shall be granted the same rights as persons laid off and shall retain eligibility by a qualified instructor. Layoffs will take place on a departmental basis pursuant to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment clause subject to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall following: Students will be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified ; Probationary employees will be laid off; Such displaced employees will then be permitted to exercise their seniority and bump according to the following procedure:
(a) Within their classification; Junior employee on shift in Junior employee on shift; Junior employee on any shift and plant. However, furnace operators, pattern makers, and qualified maintenance personnel cannot be bumped, except by a person who has previously held the classification, and subject to layoff for the event that a whole shift or department is laid off, senior employees shall exercise their seniority and bump according to the following procedure:
[a) They shall have three (3)working days to exercise their bump according to Article If no work is available because of fire, lack of fundspower, act of God, "furnace or for any other reason beyond the control of the Company, employees may be laid off, and the seniority. provisions of clause will not apply for five (5)days. It is recognized that the company has the right to keep qualified employees who can perform the work efficiently. The Company will give employees at work five (5)days clear notice of layoff. The Company will notify employees to be laid off verbally, and if possible, post a list of names of employees to be laid off on the plant bulletin boards. A copy of the layoff notice will be given to the plant chairperson at the end time of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffposting.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons
25:01 When the Employer, after exhausting all other employment options, lays off an employee, the employee shall be given two (2) weeks’ notice or payment in lieu thereof or a combination of both as the case proves necessary.
25:02 No notice or payment in lieu of notice shall be required when an employee is dismissed or a temporary employee ends her term of employment, the only exception being if the temporary employee is not advised of the date her term ends at the time of hiring.
25:03 Laid off employees shall be placed on a re-employment list. Laid off employees shall be removed from the list if not rehired within twelve (12) months of the effective date of layoff. The Union will be provided with a copy of the list and changes as they occur.
25:04 Employees with the least amount of seniority will be laid off because of lack of work or lack of funds are eligible for recall first in that classification and ascending from layoff for a period of thirty nine (39) months and there.
25:05 All employees shall be recalled in accordance with order of seniority. In cases where an employee in one classification has the provisions specified qualifications and ability to perform the work of a lower paying classification, the Employer will offer a vacancy in Article 15the
25:06 Employees shall be recalled by registered letter. If they do not accept the offer in writing, Section 15.3.2 and 15.3.3they shall be deemed to have declined the recall as of the 10th working day after the mailing of the recall.
17.2.2 Employees who take voluntary demotions or voluntary reductions 25:07 The notice referred to in assigned time in lieu of 25:01 above shall state the reasons for the layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted and the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence expected duration of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified 25:08 While employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 aboveare laid off, the District will make a good faith effort Employer agrees not to notify hire any new employees or persons into positions until all those on the CSEA Executive Board re-employment list have been given first opportunity to do the work providing they have the qualifications and ability to perform the work. A decline by an employee shall in no manner whatsoever affect her rights under this Agreement, unless she refuses work in her previous classification, category of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District employee and the Associationstatus.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because 1. The Employer shall meet with the Guild prior to or upon approval of lack the budget annually to identify any occupied unit positions that are being defunded by the approved budget, to review any need to reduce the overall workforce and to review all currently funded vacant positions, or at any other time when reductions in workforce are necessary.
(a) A layoff occurs when the Employer either reduces the number of work unit positions or lack eliminates positions associated with a specific program area. In the event of funds are eligible a layoff, the Employer shall notify the Guild in writing of the number of positions to be defunded and identify those positions. The Employer also shall notify each affected employee in writing that they have been identified for recall from layoff layoff, and shall provide the employee with job descriptions of any vacant positions. Layoffs will be by seniority, with the most junior employee(s) within the department, hub or resource selected for layoff.
(i) The parties agree that employees with similar job classifications, job skills or who may reasonably be trained for a period of thirty nine (39) months and shall be recalled position may exist in accordance with the provisions specified in Article 15multiple departments, Section 15.3.2 and 15.3.3hubs or resources.
17.2.2 Employees who take voluntary demotions (ii) The parties agree to meet and discuss if an employee in a position identified for ▇▇▇▇▇▇ has a classification, job skill or voluntary reductions could reasonably be trained for a position that exists in assigned time another department, hub or resource.
(iii) In the case the employee has the classification, job skills or could reasonably be trained for a position that exists in lieu of layoff another department, hub or who remain resource, then the least senior employee will be identified for layoff.
(b) Employee(s) in their present defunded positions rather than be reclassified or reassigned, shall be granted have the same rights as persons laid off and shall retain eligibility first right to be considered for recall for a period into any vacancy, as defined by Article V (Staffing and Workload), where they meet the minimum skills and ability, before those positions are filled with non-bargaining unit applicants. The Employer shall keep the Guild informed of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still applybargaining unit and non-bargaining unit vacancies.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with 3. If the shortest length of service in Employer notifies the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees Guild that there will be subject to layoff a layoff, for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) calendar days prior to from the effective date of their layoff.
17.2.6 When as the notice there shall be a result hiring freeze both for all Guild bargaining unit positions and for all non-unit positions except for jobs directly associated with a state or national political campaign or a time-sensitive organizing campaign. An employee identified for layoff shall not be separated from employment before the end of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.fifty-five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid Section 15.1 The Employer may lay off employees whenever it determines that it is necessary to do so because of lack of work work, financial considerations, restructuring within the organization, or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and such other reason as it may determine. Employees shall be recalled selected for layoff in accordance with the remaining provisions specified in Article 15, Section 15.3.2 and 15.3.3of this Article.
17.2.2 Section 15.2 In the event of layoff, the Employer will review each employee classification and prioritize essential and nonessential positions in each class, with the goal of maintaining direct client services as first priority.
Section 15.3 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than within a classification to be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility may volunteer to be laid off, and, such volunteers will be considered by the Employer for recall possible layoff. Volunteering for a period layoff may have an impact on the employee’s unemployment eligibility. If an insufficient number of sixty three (63) months; provided employees volunteer for layoff, or if the Employer determines that one or more of the same tests volunteers should not be laid off, those employees who are in the affected classification within the program targeted for reduction will be laid off in the inverse order of fitness under which they qualified for appointment to their seniority, i.e., the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee person with the shortest length of service in the classification plus higher classes least seniority shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees Section 15.4 If an employee to be laid off has completed their trial service period and there is a vacant position in the same or lower class in another of the Employer's programs and the Employer determines the employee is qualified for such position, the employee will be offered that position if s/he requests it. The employee will serve no Trial Service period in the new position. If an employee to be laid off has not completed their Trial Service Period and there is a vacant position in the same or lower class in another of the Employer’s programs and the Employer determines the employee is qualified for such position, the employee will be offered that position if he/she requests it. The employee will complete their Trial Service Period in the new position.
Section 15.5 If an employee qualifies for and accepts a vacant position in a lower classification in lieu of layoff, his/her salary will not be reduced unless it exceeds the highest rate in the new salary range, in which event his/her salary will be reduced to the highest level in that range. Employees who have been laid off shall have the right to displace the least senior employee in a lower classification provided they have previously worked the same position as the employee to be displaced and/or are qualified to perform the work of that position.
Section 15.6 Employees to be laid off will receive at least twenty-one (21) days’ notice prior to the end layoff or twenty-one (21) days’ pay in lieu of twenty-one (21) days’ notice of layoff, with such school entitlement calculated on the basis of regularly scheduled hours.
Section 15.7 a. Laid-off employees who are recalled to the same or lower classification of employment within one (1) year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days credited with all seniority accrued prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because A. In the event there is a reduction of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and personnel within the bargaining unit, employees shall be recalled in accordance with reduced within the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled groups as follows:
a1. Accounts Payable, Administrative Assistants, Athletic Secretary, Financial Assistants, High School Principal Secretary (52 week employees)
2. Secretary I
3. Secretary II
4. Paraprofessionals/Paraeducators/ (hourly employees) By Employees shall be reduced in order of inverse seniority within the layoff group being reduced, provided there is a more senior employee who has either previously performed satisfactorily in classificationthe position or possesses the minimum skills required and can demonstrate within a twenty (20) work day trial period, the present ability to perform all of the duties of the position from which the less senior employee is reduced.
bB. Procedure (For Transportation Paraprofessionals, see Article X.A., paragraph 4)
1. An employee laid off from layoff group 1 (Section A above) The shall have the option to accept layoff or to exercise the right to displace the least senior employee with from layoff group 1, 2 or 3 (Section A above). An employee laid off from group 2 (Section A above) shall have the shortest length option to accept layoff or to exercise the right to displace the least senior employee from lay off group 2 or 3 (Section A above). An employee whose position is eliminated, or who is displaced due to reduction of service personnel, shall have the right to displace the least senior employee within the same classification who is working the same number of hours, or in the alternative the closest number of hours as the reduced employee or a lower paid classification, provided the employee has the qualification and ability to perform the duties of the position. A full-time (6.5 hours or more per day) employee will have the right to displace a less (least) senior full-time employee before part-time. Employees who exercise the right to displace and accept a position in the Paraprofessional or Paraeducator/Transportation Paraprofessional classification plus higher classes shall not lose their recall rights to their former classification. Reduction of personnel will be laid off first.
c) utilized when there are more employees than positions remaining. In the event two that there remain the same number of employees within the bargaining unit as existing bargaining unit positions, the Employer will invoke involuntary transfer (Article VIII,D) to avoid layoff, provided the employee is qualified for the position available.
2) or more employees . When there are multiple layoffs, the highest senior laid off employee shall have the same length of service, the order of layoff shall be determined by lot in presence first choice of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty lowest (60least) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.senior positions; i.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid A. Members who are to be laid-off because of will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of work funds, elimination of a position, or lack of funds are eligible for recall other unforeseen circumstances.
B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure:
1. Probationary;
2. Non-probationary;
3. Member who is to be laid-off in one classification and who has acquired seniority in another classification may bump the least senior Member in that classification; and;
4. If more than one Member in a classification is laid-off, the affected Members shall select from layoff for a period of thirty nine (39) months and shall be recalled available positions in accordance with their seniority. The following stipulations will apply:
a. The position involves the provisions specified in Article 15same or greater number of work hours, Section 15.3.2 and 15.3.3unless the laid- off Member will accept less;
b. The laid-off Member has more seniority; and
c. The Member satisfies the posted qualifications.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, C. Laid-off Members shall be granted given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the same rights as persons laid posted qualifications. If a laid- off and Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall retain eligibility to be considered remain on the layoff list for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in previous classification.
bD. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) The employee with who wish to work as substitutes shall submit a written request within thirty (30) days of their last day of work indicating they would like to be placed on the shortest length of service substitute list. Such Members shall be called on a rotating basis for short-term assignments (1-4 days). Members called for short-term assignments will remain in the classification plus higher classes shall position until the point at which it can be laid off first.determined that the position will be of a duration of five (5) or more days. For assignments of five (5) or more days. See Article
c) In the E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long- term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence weeks written notice of the affected employees, a union representative and a District representativeassignment’s ending date.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Master Agreement
Layoff. 17.2.1 Persons laid (a) When laying off because of lack of work an employee or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and employees within each classification, the last hired shall be recalled the first laid off, based on length of service within the Branch, it being understood that:
(i) employees in accordance with the provisions specified in Article 15a higher classification may be demoted to a lower classification, Section 15.3.2 and
(ii) probationers have no seniority, and
(iii) an employee who has been promoted from one classification to another, and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment subsequently demoted to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By lower classification shall, within that lower classification, have seniority in classification.
b) The employee with the shortest according to length of service in the classification plus higher classes shall Branch and shall, if a layoff occurs, be laid off firstaccordingly, and
(iv) the classifications Labourer I and Labourer II shall, for the purposes of layoff only, be considered as one classification.
c(b) In Employees who have completed their probationary period and who are laid off and subsequently recalled to work in their Branch within one (1) year of the event two (2) or more employees have layoff, shall be credited with previous service in that Branch for the same purpose of determining length of service in connection with vacations and other benefits based on length of service. Employees who have completed their probationary period and who have been laid off and subsequently recalled to work in a Branch, other than the order Branch from which the employee was laid off, within one (1) year of the layoff shall, upon completion of six (6) continuous months of service in the new Branch, be credited with the employee's previous service in the Branch from which the employee was laid off for the purpose of determining length of service in the new Branch. After one year in the new Branch the employee's seniority shall be determined by lot applicable only to the new Branch and shall have no application in presence the employee's former Branch.
(c) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and Employer the Employer shall give to the employees concerned who have completed the probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end period not less than ten (10) days' prior written notice of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year under this Clause. Such notices shall be given written notice on in writing either by delivering or before April 29 informing them of their layoff effective at mailing the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior same to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject employee for whom it is intended. If an employee to layoff for lack of work, affected employees shall be given whom notice of layoff is given under this Clause 14.1(c) has not less than sixty been given the opportunity to work for at least ten (6010) days prior of the period of such notice the employee shall be paid for those days for which work was not made available. The Employer shall be required to the effective date give notice of layoff under this Clause 14.1(c) only to those Regular Full-Time, Regular Part-Time, Temporary Full-Time and informed of other displacement rights, if any Auxiliary Employees who have acquired seniority rights in either a regular seniority pool or an auxiliary seniority pool and recall rightshave completed the probationary period as aforesaid.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons 13.01 There shall be no regular full-time employees laid off in a classification, in a department, while there are non-regular employees working in that classification.
13.02 If layoffs occur, the junior regular full-time employee in the classification will have the right to displace a part-time employee in their job classification, preferably on their shift if possible, otherwise on any shift plant wide, providing they are able to perform the work.
13.03 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee in their job classification, plant wide, providing they are able to perform the work.
13.04 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee plant-wide, providing they are able to perform the work.
13.05 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee in the next highest job classification, providing they are fully qualified and willing to perform the available work. In order to accommodate this, the Company will layoff the necessary non-regular employee to make room for the bumping.
13.06 The most junior regular full-time employee so bumped may exercise his/her right to bump the most junior regular full-time employee plant wide providing they are fully qualified and willing to perform the available work and the company will layoff the number of non-regular employees to make this bumping possible.
13.07 A regular full-time employee who exercises their right to displace another employee pursuant to the foregoing shall be paid the rate of the job classification in which they exercise their displacement rights.
13.08 For the purpose of this Article, non-regular employees shall be defined as any part-time employee, agency employee, student or probationary employee.
13.09 A regular full-time employee displaced at any stage, other than the one
(1) day layoff referred to in 13.15 shall continue the aforementioned procedure.
13.10 Recall shall be in reverse order of layoff. The last regular FT employee laid off (providing they still have recall rights) shall be the first employee entitled to recall providing they are fully qualified and willing to perform any available permanent work. It is understood and agreed that such permanent available work shall not be construed as a vacancy under Article 12 – Seniority, Section 12.08.
13.11 Employees who are laid off shall have recall rights for one (1) year if they have seniority of one (1) year or more. Employees with less than one (1) year seniority shall have recall rights equivalent to their length of service.
13.12 For the purpose of layoff, the Co-chair of the facility shall have super seniority within their respective departments.
13.13 When a shift change occurs, because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39lay-off in the bargaining unit, reference to Article 8.01(b) months and shall will not be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3applicable.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted 13.14 The Company will “call back” employees by seniority until the same rights as persons daily schedule requirements are met on a first call only basis.
13.15 In the event that an employee is laid off and shall retain eligibility is unable to be considered for recall for bump a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When day shift as a result of the expiration of shift schedules, the employee will accept a specially funded program, classified positions must one (1) day lay-off and be eliminated at the end of any school year, and classified employees will be subject to layoff scheduled for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffnext scheduled shift accordingly.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons 7:6.1 Permanent employees of the District who have a seniority date of June 30, 1978 or earlier will be maintained in their employment for the life of this Agreement unless they are terminated for cause or laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of reductions necessary because of building closings, change in the expiration State funding formula, and/or changes in the transportation budget. This shall not apply to any employee with a seniority date of a specially funded programJuly 1, classified positions must be eliminated at the end of any school year, and classified employees will 1978 or later who shall be subject to the layoff for the lack of fundsand recall procedures set forth hereafter.
7:6.2 If a reduction in force is necessary beyond normal attrition, the employees Superintendent, after consultation with the Board, shall determine the number and types of positions to be laid off at reduced as well as the end date such reductions are needed and shall apprise the President of such school year shall be given written notice on or before April 29 informing them the Union of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days this information prior to the effective date of their layoffthe reductions.
17.2.6 When as a result 7:6.3 In the event of a bona fide reduction or elimination of in force, probationary, casual, and temporary employees shall be terminated before permanent employees are laid off. Thereafter the service being performed by any department, classified employees employee with the least seniority in the affected classification(s)/skill areas shall be subject to layoff for lack such layoff. Such employee, if his seniority is greater than the seniority of other employees in the same or lower classification in his bumping group and provided he is qualified to perform the work, affected employees shall have the right to replace the employee with the least seniority.
7:6.4 The bumping groups and the hierarchical of the classifications are as follows: Group 1 Group 2 Chief I Maintenance A (▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Grounds Lead, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, and Mechanic) Chief II Chief II Night Custodian Fireman Custodial Maintenance B (▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Ground Crew, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, Mechanic and Painter) Courier Maintenance C Custodial
7:6.5 An employee exercising his right to be transferred to the same or lower classification rather than being laid off shall receive the salary rate of the classification to which he is being transferred. Such an employee will be put on the recall list in seniority order of his/her former classification.
7:6.6 An employee who does not exercise his right to be transferred to a lower classification shall be given notice of layoff not less than sixty (60) days prior laid off and is eligible only for recall to the effective date of layoff and informed of other displacement rights, if any and recall rightsclassification from which he was laid off.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above7:6.7 The provision of Section 7:6.1 shall not, the District will make a good faith effort as an alternative to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall layoff, preclude a layoff for lack of funds in the event reclassification of an actual and existing financial inability employee to pay salaries of classified employees, nor layoff the next lower classification for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6which he/she has sufficient seniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons Hospital management will notify the Association at least twenty one (21) 24 days prior to initiating a layoff. Nurses in the unit where the layoff occurs will be 25 given the opportunity to be voluntarily laid off. If it is determined that the voluntary 26 procedure is not satisfactory, then:
27 1. Nurses will be laid off because and/or have their FTE and shift adjusted by Hospital 28 management within the bargaining unit in the reverse order of lack seniority 29 provided that the remaining nurses currently possess the necessary 30 competencies and skills to perform the work to be done. Should removing Page 44 of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months 61 Date Accepted / / 1 the least senior nurse result in inadequate competency and skills in the 2 unit, then that nurse shall remain and the next least senior nurse shall be 3 laid off. Nurses shall be recalled from layoff in the order of seniority 4 provided that they have the necessary skills and competency to perform 5 the work to be done.
6 2. No bargaining unit positions will be awarded to non-bargaining unit 7 applicants until the conclusion of the layoff/reorganization is completed.
9 3. All Nurses who meet qualifications shall be considered for available 10 positions within their current unit. Only nurses in good standing will be 11 considered for advancement.
13 4. Employees will be paid severance in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3current Hospital 14 Severance policy. Nurse will waive recall rights by accepting severance.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu 16 5. The Hospital will provide the Association a list of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid 17 off, a seniority roster and a list of vacant positions within the bargaining 18 unit. List will include department, unit, FTE and shift. The 19 Association/Nurses will have ten (10) days to review and contest seniority 20 dates.
22 6. Nurses shall be recalled from layoff in the order of seniority provided that 23 they have the necessary skills and competency to perform the work. If a 24 laid off nurse is recalled to a shift different from the nurse's assigned shift 25 at the end time of the layoff, the nurse may refuse such school year recall. The nurse may 26 not refuse more than on two occasions or recall rights will be forfeited.
28 7. The Hospital will notify the employee by certified mail and e-mail on file 29 with Human Resources of a position to which the employee may be Page 45 of 61 Date Accepted / / 1 recalled.
3 8. Recall from layoff shall be given written notice on or before April 29 informing them of their layoff effective at in the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice reverse order of layoff not less than sixty (60) days prior to or hours reduction 4 among the effective date of layoff nurses from the unit and informed of other displacement rights, if any and shift where the recall rightswill occur.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because In the event management determines the necessity to reduce the numbers of lack of work employees in a shift, department, or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and classification in the plant, the following procedure shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as followsfollowed:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall 13.01 Probationary and temporary employees will be laid off first. This may not apply to employees in a skilled trade classification.
c13.02 Such reduction in the workforce will be consistent with the Company’s right to maintain a workforce, which has, at the time of lay-off, the qualifications and ability to perform the work available.
13.03 On the basis of their seniority, senior employees affected by the reduction in workforce will displace the most junior employee: a) Within their classification b) And then they will displace the most junior employee in the plant.
13.04 In the event two cases of a temporary lay-off, not to exceed five (25) or more working days, an employee may be laid-off without regard to seniority, except between employees have in the same length classifications and shift as defined in 13.03.
13.05 When an employee returns to work from a non-occupational illness or injury, occupational illness or injury, or other company approved leave of serviceabsence, they will be reinstated in their former classification and shift, seniority permitting, if such position exists. If no such position exists, they will exercise seniority per clause 13.03 of this article.
13.06 If no work is available because of fire, lack of power, act of God, or for any other reason beyond the order of layoff shall be determined by lot in presence control of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary Company employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to may be laid off at and the end layoff notice provisions of such school year Article 13 will not apply.
13.07 The Plant Committee shall be given written notice on or before April 29 informing them retained in their respective area of their layoff effective at the end of such school year and of their displacement rightsrepresentation, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries a layoff regardless of classified employeestheir position on the seniority list. If no such work is available, nor they will be laid off under the lay-off provisions of the Collective Agreement. Union Stewards shall be retained in their respective area of representation, on their respective shifts, in the event of a lay-off, regardless of their position on the seniority list. If no such work is available they will be laid off under the layoff for lack provisions of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6Collective Agreement.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months
A. Layoffs and recalls shall be recalled done within levels based upon levels I, II, III and IV in appendix A. Layoffs and recalls within levels I, II, III and IV shall be based upon classification seniority as defined in Article VIII, Subsection C-1. Therefore, an employee cannot bump into a position unless s/he has classification seniority as defined in Article VIII, Subsection C-1 for that position as a result of working in that classification in the past (see Article VIII, Subsection C-4). If an employee’s position is being eliminated, the employee shall be able to bump into another position in which s/he has classification seniority as defined in Article VIII, Subsection C-1 in accordance with the provisions specified following procedure:
1. The employee shall be able to bump the lowest seniority person with the same number of annual hours, as determined on an annual basis, in Article 15, Section 15.3.2 and 15.3.3the same level.
17.2.2 Employees who take voluntary demotions or voluntary reductions 2. If there is no employee in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off level with the same number of annual hours with lower seniority, then the employee may bump the lowest seniority person in the same level with a lesser number of annual hours nearest to the annual hours of the person bumping or bump pursuant to Subsection A-3 below.
3. If there is no employee who the employee can bump pursuant to Subsection A-1 or A-2 above, the employee can bump the lowest seniority employee in a lower level with the same number of annual hours nearest to the annual hours of the person bumping if the person bumping has more classification seniority than the person being bumped
4. If there is not employee who the employee can bump pursuant to Subsections ▇-▇, ▇-▇ or A-3 above, the employee can bump the lowest seniority employee in a lower level with a lesser number of annual hours nearest to the annual hours of the person bumping if the person bumping has more classification seniority than the person being bumped.
5. If an employee is unable to bump another employee pursuant to Subsections A-1 through A-4 above, the employee can bump the lowest seniority employee in the same classification and shall retain eligibility same level whose annual hours are no more than 200 hours greater than the annual hours of the person bumping.
B. In all cases of bumping, the employee must be qualified to fill the position to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled taken as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence the employer. The determination of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees qualifications shall be subject to layoff the grievance procedure that shall be governed by the following standards.
1. It is understood that one of the qualifications of a position is the compatibility factor of the employee with the person for lack of workwhom s/he works. The employer will not be arbitrary and capricious when making these decisions.
2. Qualifications shall include positive evaluations, affected employees good attendance and discipline record.
C. In the event the Board determines to lay-off an employee or regularly reduce an employee's hours, the employee shall be given notice a minimum of layoff not less than sixty fourteen (6014) days prior calendar day’s written notice, with a copy of such notification furnished to the effective date Union. The fourteen (14) calendar days written notice requirement shall not apply to an employee who is bumped as part of the layoff process. The Union may then request that a meeting be scheduled with a representative of the Board in order to receive an explanation of the reasons for the lay-off or regular reduction of hours and informed of other displacement rights, if any and recall rightshow the work will be performed.
17.2.7 Not precluding the sixty D. A permanent reduction of up to one (601) day notice required by 17.2.5 and 17.2.6 above, the District will make hour daily or a good faith effort to notify the CSEA Executive Board permanent reduction of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event four (4) weeks or less annually of an actual and existing financial inability employees' hours/work week shall not be subject to pay salaries the bumping procedure if the reduction does not effect the employee's benefits. The procedure described in Section A shall be followed for a reduction if an employee’s hours of classified employees, nor layoff for lack of work resulting from causes not foreseeable more than one (1) hour daily or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6more than four (4) weeks annually.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons Layoff shall be defined as necessary reduction in the work force. 525 526 In the event of a reduction of FTE or a layoff, the District shall first assess any retirements, 527 resignations, or requests for leaves of absences that have been announced for the upcoming year. 528 529 In the event there are any known open positions for an immediate or upcoming school year, the 530 District must first post these openings to internal bargaining unit members. 531 532 In effort to prevent a bargaining unit member(s) from receiving a layoff notice, the District may 533 then reassign those bargaining unit members whose positions have been identified for FTE 534 reduction or layoff into any remaining openings in the unit, after any previous movement 535 identified above has occurred. The District shall make every effort to place an employee into a 536 position which matches their previously assigned daily hours and contracted days for the year. 537 538 In no case shall a new employee be employed by the District while there are laid off because of lack of work or lack of funds are eligible for recall from layoff employees 539 qualified for a period vacant or newly created position as determined by the job description of thirty nine (39) months and shall be recalled in accordance with that 540 position. 541 542 In the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu event of layoff or reduction in hours, the District shall provide written notice to all affected 543 employees and the President, on or before June 1 preceding the action. Employees not notified 544 shall continue in employment for the following year unless there is just cause for termination. 545 546 Laid off employees may continue participation in District insurance programs by paying the 547 regular monthly premium to the District, subject to carrier approval. 548 549 An employee whose position is eliminated may bump a less senior employee. Any employee 550 who remain in their present positions rather than be reclassified or reassigned, shall be granted is bumped will likewise have the same rights right to bump a less senior employee. 551 552 Bumping will only be allowed into a position for which the displaced employee meets the 553 minimum bumping qualifications. Bumping qualifications will be limited to those skills as persons 554 stated in the respective current job descriptions. Bumping will only be allowed into a position 555 for which the displaced person meets the job description requirements. Every effort will be made 556 to place the displaced employee in a position as close to their eliminated position as possible. In 557 no instance will a more senior displaced employee be laid off when a less senior employee 558 position is retained. The District will post the job descriptions on the District shared file for 559 individual employee review. 560 561 The District will publicize and/or offer training in the skills named in each of the job 562 descriptions, and will notify all employees of the times, dates, and contents of such training. 563 564 3. Recall: Employees who are laid off and have not been placed into an open position before the 565 start of the new school year shall be placed in a reemployment pool for two years and shall have 566 the right of first refusal for all substitute secretarial work in rotation, from most senior to least 567 senior within the pool. All open positions that occur after the start of the new school year shall 568 first be made available to existing members of the bargaining unit. After internal movement, if 569 any, open positions will be filled through recall of employees by reverse order as determined by 570 the final seniority list. It will be assumed that laid-off employees possess all qualifications 571 necessary for any District position that they previously held. Notification of recall shall be sent 572 by certified or registered mail to the last known address as shown on District records. The notice 573 shall include the time and date the employee is to report back to work. It is the employee's 574 responsibility to keep the District notified as to his/her current mailing address. 575 576 A recalled employee shall be given five (5) calendar days from receipt of the recall notice to 577 inform the District if he/she will accept the position. An employee who declines recall shall 578 forfeit his/her seniority rights provided the position offered is of equivalent monetary value and 579 does not involve a reduction in total compensation. 580 581 Employees on layoff shall retain eligibility to be considered their seniority for purpose of recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of serviceyears. 582 Upon return to active employment, the order of layoff an employee’s unused accumulated sick leave shall be determined by lot in presence of 583 restored. The employee shall retain the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated seniority held at the end time of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rightslayoff. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.584 585 586 587 Section I: Employment Protection 588
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because 1. Provided that fitness and ability are relatively equal, then layoffs or reduction in hours shall occur in the inverse order of seniority of the employees within the classification at the campus affected by such layoffs.
2. In the event of a lack of work or lack situation, the employees of funds are eligible for recall from layoff for a period the affected classification of thirty nine (39) months the affected College, and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassignedFederation President, shall be granted notified in writing as soon as the same rights as persons laid off and lack of work situation is identified.
a) Notification shall retain eligibility activate this Article.
b) Specific cause for the lack of work situations shall be stated.
c) The number of positions to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment laid off, or hours to the class still applybe reduced, shall be listed.
17.2.3 Layoff 3. The following shall be handled as followsthe sole procedure for layoff or reduction in hours:
a) By seniority The Federation shall be granted fifteen (15) working days from receipt of notification of a lack of work situation to propose alternative actions, in classificationwriting, to the College President.
b) The employee with Immediately following the shortest length receipt of service in such written proposals, the classification plus higher classes College President shall be laid off firsthave five (5) working days to respond to such alternative proposals.
c) In Nothing herein shall preclude informal meetings between the event two parties to discuss alternatives to layoffs or reduction in hours.
d) The College's refusal to accept suggestions made under (2b) or more employees have (c) above, with respect to alternatives to layoff, shall not be subject to the same length grievance and arbitration provisions of service, the order this Agreement.
e) Written notice of layoff or reduction in hours shall be determined by lot sent to affected employees no later than forty (40) calendar days prior to such layoff or reduction in presence of hours. The 40-day time requirement stated herein shall begin to run upon notification to the affected employees, a union representative and a District representativeemployees under Section 2 above.
17.2.4 The names of permanent and probationary employees 4. An employee who is laid off shall be placed paid all earned benefits to which otherwise entitled in a lump sum payment upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result 5. An employee who is laid off on or after July 1, 1994, pursuant to this Article, shall continue to have the same group medical, disability insurance, dental insurance and group medical/hospitalization insurance, including any applicable premium co- payment, for the two months following the month in which the employee was separated, provided the employee retains recall rights under this contract.
6. An employee who is laid off shall continue to retain all the rights and benefits under Article 41, Tuition Waivers, for the length of a bona fide reduction any recall period under this Agreement.
7. If at the time of notification of layoff an employee is within two years of meeting the eligibility requirements of Article 35 (Retirement and Continuing Benefits) Section 3 or elimination 6, the employee will be deemed to have met the eligibility requirements of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rightsappropriate sections.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 8. Any employee who has at least 15 years of bargaining unit service and 17.2.6 above, the District who is laid off will make receive a good faith effort severance payment equal to notify the CSEA Executive Board one week’s base salary for every full year of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Associationservice.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons (a) There shall be no reduction in the workforce without a corresponding reduction in work required.
(b) If a reduction of staff or hours is under consideration the Employer shall call a Joint Union Management Committee meeting to discuss the proposed layoff.
(c) Employees shall be laid off because in reverse order of lack of work their seniority as defined in Article 11. An employee whose position is to be terminated by the layoff process, or lack of funds are eligible whose position is to be reduced in hours shall have the right to displace, or "bump", any employee in the same classification, and so on, with less seniority, provided the employee attempting to bump is qualified for recall from layoff for a period of thirty nine (39) months and the position. The criteria used to determine whether the employee is qualified shall be recalled the same used for the internal hirings.
(d) If an employee who is to be terminated by the layoff process is unwilling or unable to bump, he/she shall be laid off and placed on the appropriate recall list. The Employer shall have made every effort to relocate the laid-off employee in another suitable position.
(e) The Employer shall give notice to the Union of the date of layoff. Any employee who is laid off by termination of position, or by bumping, shall receive one (1) month’s pay for each month or partial month that notice is deficient. Required notice shall be: For temporary layoffs [thirteen (13) weeks or less]
(1) for regular employees, one (1) month;
(2) for students and all other employees, notice shall be given in accordance with the provisions specified in Article 15Employment Standards Act. For permanent layoffs [more than thirteen (13) weeks]
(1) for regular employees, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three four (634) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.;
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected for students and all other employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior in accordance with the Employment Standards Act. In addition, each such employee shall receive all vacation and benefits owing to the effective date of their layoffhim/her.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons 7:6.1 Permanent employees of the District who have a seniority date of June 30, 1978 or earlier will be maintained in their employment for the life of this Agreement unless they are terminated for cause or laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of reductions necessary because of building closings, change in the expiration State funding formula, and/or changes in the transportation budget. This shall not apply to any employee with a seniority date of a specially funded programJuly 1, classified positions must be eliminated at the end of any school year, and classified employees will 1978 or later who shall be subject to the layoff for the lack of fundsand recall procedures set forth hereafter.
7:6.2 If a reduction in force is necessary beyond normal attrition, the employees Superintendent, after consultation with the Board, shall determine the number and types of positions to be laid off at reduced as well as the end date such reductions are needed and shall apprise the President of such school year shall be given written notice on or before April 29 informing them the Union of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days this information prior to the effective date of their layoffthe reductions.
17.2.6 When as a result 7:6.3 In the event of a bona fide reduction or elimination of in force, probationary, casual, and temporary employees shall be terminated before permanent employees are laid off. Thereafter the service being performed by any department, classified employees employee with the least seniority in the affected classification(s)/skill areas shall be subject to layoff for lack such layoff. Such employee, if their seniority is greater than the seniority of other employees in the same or lower classification in their bumping group and provided they are qualified to perform the work, affected employees shall have the right to replace the employee with the least seniority.
7:6.4 The bumping groups and the hierarchical of the classifications are as follows: Group 1 Group 2 Chief I Maintenance A (▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Grounds Lead, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, and Mechanic) Chief II Chief II Night Custodian Fireman Custodial Maintenance B (▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇/Locksmith, Supply Technician, Ground Crew, Electrician, Boiler Tech, HVAC Tech, Plumber, Roofer, Bus Mechanic, Refrigeration Mechanic, Mechanic and Painter) Courier Maintenance C Custodial 7:6.5 An employee exercising their right to be given notice of layoff not less than sixty (60) days prior transferred to the effective date same or lower classification rather than being laid off shall receive the salary rate of layoff and informed the classification to which they are being transferred. Such an employee will be put on the recall list in seniority order of other displacement rights, if any and recall rightstheir former classification.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 1. Layoff shall be handled defined as followsa separation from service for involuntary reasons not reflecting discredit upon employees. The Employer shall determine the number and classifications to be laid off. All employees on initial probation within the bargaining unit classification within the assigned facility selected for layoff shall be laid off before any layoffs of regular full-time or on-call non-probationary employees within the bargaining unit classification within the assigned facility. The term “assigned facility” as used in this Agreement means the facility where an employee predominantly reports for his/her shift.
Section 2. The layoff procedure shall occur in the following manner:
a) By seniority An employee shall be given thirty (30) calendar days notice of layoff in classificationwriting.
b) The least senior full-time employee with the shortest length of service in the classification plus higher classes shall be laid off firstby bargaining unit classification within the assigned facility.
c) In An employee notified of pending layoff shall select one (1) of the event following options and communicate such choice in writing to the Employer within ten (10) calendar days from the employee is notified in writing:
1) Accept demotion to a former classification previously served, including bumping the least senior employee in that former classification, provided the bumping employee has more classification seniority in the former classification, and provided that the receiving manager determines that, on the basis of relevant job skills, the affected employee can perform all of the duties of the specific position adequately within two (weeks or;
2) or more employees have the same length of service, the order of layoff shall The employee may elect to be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off. Employees laid off shall be placed upon on the Recall from Layoff List layoff list for the classification from which they were laid off. Names shall be listed on the Recall List by seniorityremoved.
17.2.5 When as Section 3. An employee who is laid off shall have recall rights for one year to a result vacant position in the classification within the assigned facility from which they were laid off and for which they are qualified to perform. It is the responsibility of the expiration employee to notify the Metro Human Resources Department of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject changes to layoff for the lack of funds, the employees his/her contact information in order to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff eligible for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 aboveSection 4. On re-employment of laid off employees, the District will make a good faith effort to Employer shall notify the CSEA Executive Board of pending layoffs as soon as is practicably possibleemployee by certified letter, with a copy to the Union, mailed to their last known address. This information The employee shall remain confidential until its release is mutually agreed have five (5) days to report their intentions to the Employer and shall report to work within two (2) weeks after notification by the District and the AssociationEmployer or as mutually agreed. Failure to accept recall to work will terminate any rights for re-employment.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons A layoff shall be defined as a reduction in the work force, an employee's position being eliminated, or a reduction in the employee’s regular hours of work as defined in this Agreement.
(a) The Employer will give as much notice as is feasible but not less than thirty (30) calendar days to the employee(s) directly affected.
(b) Employees shall be laid off because in reverse order of lack their bargaining unit seniority.
(c) For Parks, Recreation and Culture staff, for a program of work ten (10) weeks or lack less, the reduction in hours will not constitute a layoff and bumping within the Instructor group cannot occur unless the person affected has no assignments. Bumping within the Instructor group cannot occur after the commencement of funds a program.
(d) Employees who have received layoff notice or who have been bumped shall have the right to bump employees with less seniority, provided that:
(i) employees exercising that right have the required qualifications to perform the duties of the position they wish to bump into;
(ii) the right to bump shall include the right to bump up where an employee is unable to exercise their bumping rights to retain a similar shift, benefits and ninety-five percent (95%) of gross pay.
(e) The incumbent employee(s), whose hours have been reduced or whose position has been eliminated or who have been bumped, will have five (5) working days to advise the Employer of their intent to:
(i) accept the reduction in hours and remain in the position; or
(ii) exercise their seniority rights; or
(iii) to be placed on the recall list.
(f) The Employer shall provide a current seniority list specifying the name(s), position(s) held, the number of hours of work, full time or part time status and incumbent employee’s seniority date.
(i) Employees who have received layoff notice will be advised of any postings that may have closed but have not yet been awarded. Such employees, if they believe they are eligible qualified for such postings, will have one working day after receipt of notice of the unfilled posting to have their name added to the list of applicants.
(ii) Upon moving into their new position, employees will be required to complete a trial period as per 14.03(a). If employees do not successfully complete this trial period, they will be placed on the recall from layoff list.
(h) Providing the laid off employee is qualified, they shall receive first option in line of seniority for all Auxiliary employment and seniority shall accrue for all time worked.
(i) Any permanent employee who is laid off shall have recall rights to their former classification for a period of thirty nine eighteen (3918) months and provided they remain qualified.
(j) Employees on the recall list shall be recalled to positions in accordance with order of bargaining unit wide seniority provided they are qualified. New employees shall not be hired until those laid off have been given the provisions specified in Article 15, Section 15.3.2 and 15.3.3opportunity of recall.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
ck) In the event two of a vacancy occurring while employees are laid off, Article 14 applies to all employees, including employees on the recall list. The Employer shall notify employees on the recall list of all vacancies.
(2l) or more Recall notices will be sent by registered mail to the employees have being recalled with copies to the same length First Vice President, Second Vice President (▇▇▇▇▇▇▇▇ River), and President of service, the order of Union.
(m) Grievances concerning layoff and recalls shall be determined by lot in presence initiated at Step 3 of the affected employees, a union representative and a District representativeGrievance Procedure.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months 1. Temporary and probationary County-funded employees in the department shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off eliminated first.
c) In 2. Additional layoffs shall be done according to the event two (2) or more employees have the same length of service, the inverse order of layoff shall be determined by lot in presence the seniority of the employees in the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon classification within the Recall from Layoff List for the given department. If an employee’s classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When was changed as a result of the expiration classification study implemented in February of a specially funded program1996, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year that employee shall be given written notice full credit for service in his/her classification held just prior to the implementation of the classification study. Except as otherwise prohibited by law, any County department that has employee(s) on or before April 29 informing them layoff status will not contract-out any work specifically performed by the employee(s) at the time of their layoff effective lay-off so long as any of the employee(s) remains on the recall list.
3. Seniority will be based on continuous service with the County: 1) in the affected classification; or, 2) classification in the same series at a higher salary grade in the end event an employee has been reduced in grade in accordance with this Article. Creditable service for seniority must be in a permanent or permanent-intermittent position with the County.
4. To provide for the continued operation of such school year the County, each department head may exempt 8% of the total number of positions authorized in the current budget within his/her department and retain them regardless of their displacement rightsseniority. In the event that the 8% does not equal an exact number of employees, if any and recall rightsthe fraction shall be rounded off to the next higher whole number. However, if the termination date Any exemption that is necessary because of any specially funded affirmative action program is other than June 30, such notice or laws pertaining to equal employment opportunity shall not be deemed a part of the above 8% but shall be given not less than sixty in addition thereto. Each department head electing to exempt employees from layoff in accordance with Article 13, Section 1 paragraph (604), shall provide the Layoff Review Committee, the Union, and the ▇▇▇▇▇ County Human Resources Director with a complete list of exemptions five (5) days prior to the effective date notification of their layoffthose employees to be laid off. Each department head shall update the list of exemptions whenever the County Manager's Office determines layoffs are required within a department, but shall not be updated more than one (1) time each fiscal year.
17.2.6 When as 5. As a result of the application of this layoff procedure, the County shall attempt to find a bona fide vacant position for any eligible employee scheduled to be laid off by evaluating the reassignment, transfer, reduction in grade, or elimination any combination thereof for the employee. The employee must meet the minimum qualifications and/or specific skill sets of any position being considered.
6. All permanent status personnel who are affected by layoff shall have the right to elect a reduction in grade to a lower classification: 1) within the same classification series; or, 2) in a classification in the same department that the employee has completed a probationary/qualifying period, provided that the classification still exists, the department has a vacant position and the department head determines the employee meets the minimum qualifications and abilities (i.e., license, physical fitness, job skills, etc.) of the service being performed by any departmentposition. A vacant position need not exist if an employee exercises his/her bump rights within the same classification series.
7. No employee will have the right to bump to a position in another department or to bump a position of a higher salary grade than he/she currently fills. A permanent employee to be laid off may bump a temporary or probationary employee of the same classification in the department if the employee voluntarily agrees to commute or relocate at no expense to the County.
8. An employee reduced in grade may have his/her salary reduced and in no event shall exceed the maximum for the class, classified employees but shall not have his/her anniversary date adjusted.
9. The assignment of an employee to a position within a classification will be subject at the discretion of the department head.
10. Separation due to layoff for lack shall require the giving of work, affected employees shall be given at least two (2) weeks notice of layoff not less than sixty (60) days prior to the effective date employee, or payment in lieu of layoff and informed notice, of other displacement rights, if any and recall rightsan equivalent amount of the employee's base salary by the County.
17.2.7 Not precluding 11. No permanent employee initially hired into and serving in a grant-funded position or a term position may initiate a bump into an unlimited County-funded position unless he/she is displaced by someone who has bumped him/her. Employees electing to bump into grant-funded positions or term positions have no property right to the sixty (60) day notice required by 17.2.5 and 17.2.6 above, position or County service if the District will make a good faith effort to notify funding ceases or the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Associationposition ends.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because (a) A short-term layoff shall mean:
i) a layoff resulting from a planned temporary closure of lack any part of work the Employer’s workplace during all or lack part of funds are eligible the months of July and August (a summer shutdown) or during the period between December 15PthP and January 15PthP inclusive (Christmas shutdown); or
ii) a layoff resulting from a planned temporary closure, not anticipated to exceed six months in length, of any part of the Employer’s workplace for recall from the purpose of construction or renovations; or
iii) any other temporary layoff for a period of thirty nine which is not anticipated to exceed three (393) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3length.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of servicea short-term layoff, the order Employer shall provide the local Union with no less than 30 calendar days’ notice.
(c) Cancellation of layoff single or partial shifts shall not be determined by lot in presence considered a layoff, however it will be conducted on the basis of the affected employees, reverse seniority of employees in the classification affected. A partial or single shift reassignment will not be considered a union representative and a District representativelayoff; however it will also be conducted on the basis of reverse seniority in the classification affected.
17.2.4 The names (d) An employee who has been notified of permanent and probationary employees laid off shall be placed upon a short-term layoff may:
i) accept the Recall from Layoff List for layoff; or
ii) elect to transfer to a vacant position, provided she/he is qualified to perform the classification from which they were laid off. Names shall be listed on available work; or
iii) displace the Recall List by seniorityleast senior employee in the bargaining unit whose work she/he is qualified to perform.
17.2.5 When as (e) A "long-term layoff" shall mean any layoff which is not a result of short-term layoff.
(f) In the expiration event of a specially funded program, classified positions must be eliminated proposed layoff at the end Employer of any school year, and classified employees will be subject to layoff for a permanent or long-term nature the lack of funds, Employer shall:
i) provide the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not Union with no less than sixty (60) days prior to written notice of the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction proposed layoff or elimination of position; and
ii) provide to the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not employee(s) no less than sixty (60) days prior written notice of layoff.
(g) An employee who has been notified of a long-term layoff may
i) accept the layoff; or
ii) elect to transfer to a vacant position provided that she/he is qualified to perform the effective date available work; or
iii) displace another employee, in any classification for which qualified, and who has lesser bargaining unit seniority and who is the least senior employee on a unit or area whose work the employee subject to layoff is qualified to perform.
(h) In all cases of layoff, the Employer shall meet with the local Union to review the following:
i) the reasons for the layoff and informed the expected duration of other displacement rights, the layoff if any and recall rights.short term
17.2.7 Not precluding ii) the sixty (60service which the Employer will undertake after the layoff;
iii) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify method of implementation including the CSEA Executive Board areas of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District cut-back and the Associationemployees to be laid off; and
iv) any limits which the parties may agree on the number of employees who may be newly assigned to a unit or area.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons 13.01 There shall be no regular full-time employees laid off in a classification, in a department, while there are non-regular employees working in that classification.
13.02 If layoffs occur, the junior regular full-time employee in the classification will have the right to displace a part-time employee in their job classification, preferably on their shift if possible, otherwise on any shift plant wide, providing they are able to perform the work.
13.03 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee in their job classification, plant wide, providing they are able to perform the work.
13.04 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee plant-wide, providing they are able to perform the work.
13.05 Failing this, the regular full-time employee shall then be able to exercise their seniority to displace the most junior regular full-time employee in the next highest job classification, providing they are fully qualified and willing to perform the available work. In order to accommodate this, the Company will layoff the necessary non-regular employee to make room for the bumping.
13.06 The most junior regular full-time employee so bumped may exercise his/her right to bump the most junior regular full-time employee plant wide providing they are fully qualified and willing to perform the available work and the company will layoff the number of non-regular employees to make this bumping possible.
13.07 A regular full-time employee who exercises their right to displace another employee pursuant to the foregoing shall be paid the rate of the job classification in which they exercise their displacement rights.
13.08 For the purpose of this Article, non-regular employees shall be defined as any part-time employee, agency employee, student or probationary employee.
13.09 A regular full-time employee displaced at any stage, other than the one (1) day layoff referred to in 13.15 shall continue the aforementioned procedure.
13.10 Recall shall be in reverse order of layoff. The last regular FT employee laid off (providing they still have recall rights) shall be the first employee entitled to recall providing they are fully qualified and willing to perform any available permanent work. It is understood and agreed that such permanent available work shall not be construed as a vacancy under Article 12 – Seniority, Section 12.08.
13.11 Employees who are laid off shall have recall rights for one (1) year if they have seniority of one (1) year or more. Employees with less than one (1) year seniority shall have recall rights equivalent to their length of service.
13.12 For the purpose of layoff, the Co-chair of the facility shall have super seniority within their respective departments.
13.13 When a shift change occurs, because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39lay-off in the bargaining unit, reference to Article 8.01(b) months and shall will not be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3applicable.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted 13.14 The Company will “call back” employees by seniority until the same rights as persons daily schedule requirements are met on a first call only basis.
13.15 In the event that an employee is laid off and shall retain eligibility is unable to be considered for recall for bump a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When day shift as a result of the expiration of shift schedules, the employee will accept a specially funded program, classified positions must one (1) day lay-off and be eliminated at the end of any school year, and classified employees will be subject to layoff scheduled for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffnext scheduled shift accordingly.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because If a reduction in force is necessary beyond normal attrition, the Superintendent will determine the number of lack positions that will be reduced, as well as the date such reductions are needed and will apprise the involved employees and the President of work or lack the Association of funds are eligible for recall from layoff for a period this information by August 15 of thirty nine (39) months and each year. This notification shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days sent prior to the effective date of their layoffsuch reductions.
17.2.6 When as a result of a bona fide reduction or elimination 8:5.1 For seniority, layoff, and recall purposes, the following classifications will be utilized: ▪ Special School Instructional Aide (Meadowood School) ▪ Instructional (Title I, HOST, Bilingual, and Nurses Aides, Special Education ILC, Unique/Alternative) ▪ Discipline/Non-Instructional (Hired after 7/1/09) ▪ Bus Aides Each of the service being performed by classifications, except bus aides, will be divided into a full-time list and a part-time list. The procedure which follows will be applied separately within each classification and each classification will be treated as discrete and independent of each other.
8:5.2 Upon notification that his/her full-time position has been identified for elimination, an employee will be given the opportunity to fill any departmentopen position in the bargaining unit for which he/she is qualified. If an employee does not elect to fill an open position in the bargaining unit, classified employees the employee will remain on the recall list for their specific classification only.
8:5.3 Any employee who elects to fill an open position in the bargaining unit rather than elect to be laid off shall be subject placed in the position for an initial period of ninety (90) days. If during this ninety (90) day period either the District or the employee determines that neither is satisfied with the placement based on reasonable criteria, the employee will leave the position and be placed on the recall list in accordance with Section 8:6 of this Article.
8:5.4 In the event there are no open part-time positions, an employee will be able to layoff bump, if his/her seniority allows the least senior part-time employee, his/her qualifications permit, in the same classification or select layoff
8:5.5 In no event will a part-time employee be able to bump a full-time employee. 8:5.6 Sections 8:5.2 and 8:5.3 do not pertain to the classification of bus aides. Bus aides will be laid off according to the following:
(a) upon notification that his/her position has been identified for lack of work, affected employees shall elimination an employee will be given notice of layoff not less than sixty the opportunity to assert his/her seniority by being granted a transfer to an open position or select layoff; and
(60b) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of there are no vacant positions, an actual and existing financial inability to pay salaries of classified employeesemployee whose position has been identified for elimination may bump, nor layoff for lack of work resulting from causes not foreseeable if his/her seniority allows, the least senior employee or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6select layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons Section 10.1. The Company shall have the right to lay off employees for business reasons. The Company will provide employees being laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) weeks advance notice or more employees have pay in lieu of such notice or portion thereof. Notice of layoff shall also be given to the same Guild.
Section 10.2. In the event of a layoff, the Company in its sole discretion shall determine decisions as to who may be laid off. Factors to be considered shall include but not be limited to work record, employee qualifications, ability to do remaining work and the length of service.
Section 10.3. When it is necessary to reduce the force for economy reasons, the order Company shall accept voluntary layoffs in the classification involved, as long as the retained employee is qualified to do the work of the person who volunteered for layoff. Layoffs will be conducted under the terms established in Article X of this agreement. The number of total employees dismissed shall be reduced to the extent that the necessary payroll savings has been achieved by voluntary layoffs.
Section 10.4. Employees dismissed for layoff shall be determined on a rehire list for six (6) months. The Company will recall employees from the list for openings should they occur within this six (6) month period if the employee has worked in the open position and possesses the necessary qualifications based on the then current job description. The Company shall notify the employee by lot in presence certified letter with return receipt requested at the employee’s last known address given to the Company. If the certified letter is not signed for by the employee, for whatever reason, the Company is released of all obligations toward said employee for purposes of the affected employeesrecall. The Company may then notify the next employee on the rehire list, a union representative and a District representativeif any, or hire as new employee to fill the position.
17.2.4 Section 10.5. The names Company’s decisions under Sections 10.1 and 10.2 of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by senioritythis Article are not subject to arbitration.
17.2.5 When as Section 10.6. Employees who suffer a result total loss of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When employment as a result of a bona fide reduction Company layoff shall be afforded the same or elimination comparable severance pay and group benefits as provided to non- bargaining unit employees, subject to the same terms and conditions, in place at the time of the service being performed by any departmentlayoff. However, classified employees such pay and benefits shall not be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty one (601) days prior week of base pay for each year of service with a minimum of two (2) weeks to a maximum of twelve (12) weeks severance plus COBRA healthcare care coverage for a minimum of three (3) months at the effective date of layoff and informed of other displacement rights, if any and recall rightssame prevailing employee contribution rate for the selected coverage.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because 28.01 Where employees will be impacted by reorganization, downsizing and/or relocation, the affected employees will be given as much notice as possible of lack the changes that will be occurring and the probable impact on staff. Such information will be provided no later than two weeks prior to the issuance of the surplus notice.
28.02 Where less than the full complement of positions within an administrative unit or other such work or lack of funds unit are eligible being declared surplus, the employees in the work unit will be offered the opportunity to:
(a) volunteer their positions for recall from layoff for a period of thirty nine (39) months and shall be recalled surplus status in accordance with Article 30 (Voluntary Exit Option) and exit the provisions specified in OPS with pay-in-lieu of notice under Article 1529 (Surplus Entitlements), Section 15.3.2 and
(b) to propose work arrangements (such as unpaid leaves, job-sharing, regular part-time) which may reduce or eliminate the need to issue layoff notices. The employees will have five (5) days from the point the opportunity is offered to either volunteer or propose alternate work arrangements. If more employees volunteer for surplus status than the number of positions to be reduced, the manager should advise the employees and 15.3.3determine if any employee(s) chooses to withdraw his or her request. If not, management will choose the most senior volunteer (as defined by Article 35 – Seniority), subject to ensuring that organizational requirements are met.
17.2.2 Employees who take voluntary demotions 28.03 Where a layoff may occur, the identification of individual(s) to be declared surplus within an administrative unit or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, other such work unit shall be granted in accordance with seniority in the same rights as persons laid off and shall retain eligibility position that the Employer has determined is to be reduced or eliminated.
28.04 The surplus notice provided to the employee must include the following information:
(a) The date when the notice period begins;
(b) The length of the notice period;
(c) The layoff date;
(d) Authority for the release (Public Service Act, s. 22(4)); and
(e) The employee’s specific exit, OPS pension or redeployment options. Within five (5) working days of receiving the surplus notice, the employee must advise his or her manager, in writing, of which one of the entitlements under 28.04(e) he or she will select. If no option is chosen, the surplus employee will be deemed to have selected Redeployment.
28.05 Where the surplus employee opts for (or is deemed to have chosen) redeployment, he or she may be considered for recall for a direct assignment to permanent OPPA civilian bargaining unit vacancies during the notice period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as followsprovided:
(a) By seniority in classification.He or she is qualified to perform the work at the entry level without training; for specialized positions, however, the employee must be fully qualified to perform the work;
(b) The vacancy has a maximum salary of not more than 5 percent (5%) above or 15 percent (15%) (or as modified by the employee) below:
(i) the maximum salary of the employee’s surplus position, OR
(ii) the maximum salary of the employee’s current temporary assignment, if the employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event has been performing work other than his or her surplus position for at least two (2) or more employees have years and when the same length of service, the order of layoff shall be determined by lot in presence maximum salary of the affected employees, current temporary assignment exceeds the maximum of the employee’s surplus position; and
(c) The vacancy is within forty (40) kilometers of the employee’s headquarters unless a union representative and a District representativebroader area-of-search has been specified by the employee.
17.2.4 The names of permanent and probationary 28.06 Surplus employees laid off shall may lower the matching limit below 15 percent (15%), by 5 percent (5%) increments, with no lower limit. Where different geographic parameters are chosen, relocation expenses will not be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When paid as a result of a bona fide reduction direct assignment.
28.07 Where a surplus employee notifies the Human Resources Branch or elimination Human Resources Bureau in writing of modified salary and/or geographic parameters for matching purposes, the changes will be implemented within five (5) days of receipt of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to from the effective date of layoff and informed of other displacement rights, if any and recall rightsemployee.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above28.08 If an employee is assigned permanently to a vacancy or position with a lower maximum salary than his or her surplus position, the District employee’s higher salary will make a good faith effort be protected for the balance of the original six-month notice period. Thereafter, the employee will be placed into the salary range of the position to notify which he or she was assigned at the CSEA Executive Board rate that is closest to, but not greater than, his or her previous position. In no case, however, shall his or her salary exceed the maximum of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed the position to by the District and the Associationwhich he or she was assigned.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in 28.09 Where the event of an actual and existing financial inability employee whose salary has been changed pursuant to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.Article
Appears in 1 contract
Sources: Civilian Memorandum of Understanding
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event of an extended layoff the Company and the Local Union shall meet and review the procedures as a result of any jurisdictional bumping. occasioned by post Christmas volume decline, The least senior employee in the classification affected will be laid off or he may elect to dis- place the least senior employee in any other classification pro- vided he is senior to the employee he is displacing. The dis- placed employees may then exercise his seniority in the same manner in any other classification until the least senior employee is laid off. In all other cases when a bid job is con- solidated, discontinued or suspended, the employee shall work as assigned. In the event the bid job is not restored after fif- teen (15) workdays, the employee affected may elect to dis- place any employee in his or any other classification provided he is senior to the employee he is displacing and qualified to perform the job selected.+ The displaced employee may then exercise his seniority in the same manner. Moves resulting from such displacements shall be limited to three (3). Should a fourth (4th) displacement result, such displacement shall be made after thirty (30) days. When there are junior people in the package driver classi- fication working in a building and there are senior people in the same classification who are on layoff in another building within the jurisdiction of the Local and in the same UPS District, pursuant to the preceding paragraph, the senior person will be allowed to take the work by virtue of their seniority in the package classification for the duration of the layoff. When their bid job is again available, the employee shall return to the original center unless a job is posted for bid then the applicable bidding process pursuant to the contract shall prevail.
(b) Full-time seniority employees hired prior to August 1, 1993 1997 who may be subject to layoff will be assigned to displace one (1) or more part-time employees in the building if any part-time employees are working in that building. In such case, said employee will be provided with eight (8) continuous hours of work at the appropriate rate for the classi- fication of work performed, except that:
1. If said employee displaces a part-time employee and contin- ues to perform the same work as his full-time assignment, he will continue to receive his regular rate of pay.
2. If in the building there is a part-time employee receiving a wage rate higher than that of the displaced part-time employ- ee(s), the full-time employee will receive such higher rate.
(c) Full-time seniority employees hired after August 1, 1993 who may be subject to layoff will be afforded the opportunity to work part-time on one (1) or two (2) or more employees have the same length of service, the order of layoff shall be determined by lot shifts in presence of the affected employees, a union representative and a District representative.
17.2.4 their building. The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result full-time employees hired after August 1, 1993, part-time rate of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees pay will be subject established according to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination company date of any specially funded program is other than June 30hire. This condition will exist for all full-time employees hired after August 1, such notice shall 1993, until they have completed their two (2) year progression and are receiving the top rate of pay in their clas- sification. At this completion they will be given not less than sixty (60) days prior entitled to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.nor-
Appears in 1 contract
Sources: Supplemental Agreement
Layoff. 17.2.1 Persons The Hospital give each employee in the bargaining unit who has acquired seniority and who is to be laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled more weeks, notice in of his layoff in accordance with the provisions specified in Article 15following schedule: 1 years' week's years' more 0 i cc In the event of a proposed layoff of more weeks' duration, Section 15.3.2 the Hospital will: Provide the Union with no less than calendar days' notice of such layoff; and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee eight thirty Meet with the shortest length Union through the Labour Management Committee to review the following: ii! the service the Hospital will undertake after the layoff the method of service the areas cut-back be laid I a l l cases give one week's notice notice no: be required if of emergencies (for example, failure or equipment breakdown; In the e n 1 who the reverse the their within An employee who is subject to layoff shall have right to either: Accept the layoff; or Displace an employee who has lesser unit and is the least senior employee in a lower or identical paying classification in the classification plus higher classes bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical without training ether than orientation. Such SC shall be laid off first.
c) In the event two (2) his or more employees have the same length of serviceher section. an perform a b o v e , the order of layoff shall be determined by lot H o s p i t a l a 0 act in presence of the affected employees, or unfair manner. e m p l o y e e recalled t work i a union representative and a District representative.
17.2.4 The names of permanent and probationary employees different classification from was laid off shall be placed upon have of returning to the Recall from Layoff List for he held prior to the classification from which they were laid off. Names layoff s h it six months of being b e c o m e No new employees shall be listed hired until all those laid off have been given an opportunity to return to work and have failed to notify the of their intention to do so, in accordance with below, or have been found unable to perform the work available. the It is the sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five working days (exclusive Of Saturdays, Sundays and paid holidays; after being do so by registered m a i l , addressed to address OR record the Hospital shall be deemed have b e e r received a shall on the Recall List by seniority.
17.2.5 When as second date of mailing) to return work within t e m p l o y e e i s b e On record the be The . I the event that a result layoff commenced on the day following a holiday, an e m p l o y e e for shall not be shall of the expiration of a specially funded program, classified positions must be eliminated at No full-time employee within the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to bargaining unit be laid off at by reason of his/her being assigned to one or more part-time employees. agreement reached between the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at Hospital and the end of such school year and of their displacement rights, if any and recall rights. However, if concerning the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice m e t h o d o f layoffs Will take precedence over terms of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rightsthis Agreement.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons
(a) There shall be no reduction in the workforce without a corresponding reduction in work required.
(b) If a reduction of staff or hours is proposed, the Employer shall immediately contact the Union to discuss the proposed layoff.
(c) Employees shall be laid off because in reverse order of lack of work their seniority as defined in Article 11. An employee whose position is to be terminated by the layoff process, or lack of funds are eligible whose position is to be reduced in hours shall have the right to displace, or "bump", any employee in the same classification, and so on, with less seniority, provided the employee attempting to bump is qualified for recall from layoff for a period of thirty nine (39) months and the position. The criteria used to determine whether the employee is qualified shall be recalled the same used for the internal hirings. In no event shall successive bumps exceed a two consecutive week period.
(d) If an employee who is to be terminated by the layoff process is unwilling or unable to bump, they shall be laid off and placed on the appropriate recall list. The Employer shall have made every reasonable effort to relocate the laid-off employee in another suitable position.
(e) The Employer shall give notice to the Union of the date of layoff. Any employee who is laid off by termination of position, or by bumping, shall receive one month's pay for each month or partial month that notice is deficient. Required notice shall be: For temporary layoffs (15 weeks or less)
(1) for regular employees, one month;
(2) for students and all other employees, notice shall be given in accordance with the provisions specified in Article 15For permanent layoffs (more than 15 weeks)
(1) for regular employees, Section 15.3.2 and 15.3.3.four months;
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected for students and all other employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior in accordance with the In addition, each such employee shall receive all vacation and benefits owing to the effective date of their layoffthem.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because
▇. ▇▇▇▇▇▇ shall be defined as a reduction in the size of the work force due to the lack of work or lack of funds are eligible for recall from within the College. When it becomes necessary to layoff for classified employees within a period of thirty nine (39) months classification, any temporary employees and probationary employees shall be recalled laid off in that order first. Then those full and part- time employees in that classification will be laid off in accordance with the provisions specified in Article 15seniority list with the least senior employees laid off first, Section 15.3.2 and 15.3.3provided always that the remaining employees shall have the qualifications to perform the work of the laid off employees.
17.2.2 B. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off firstwill have at least twenty (20) working days’ notice of layoff.
c) C. An employee shall be reclassified to a position of lower rank and pay only when they otherwise would be laid off in the higher rank. The Employer shall not use such reclassification as a disciplinary measure.
D. In the event two of a layoff, insurances as provided in Appendix B, shall continue for the month in which the layoff occurred and three (3) full months following the layoff with the College and Employee continuing to pay their cost sharing for such premiums.
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 can bump another employee in a higher job classification or more pay level than they 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 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/or employees affected, and that those individuals holding the identified positions shall have the same length opportunity to exercise bumping rights and shall receive electronic notice of servicethe time, date, and location to do so. Prior to layoff, the order of layoff shall be determined by lot in presence Employer will provide the Local Union President with the names of the affected employees, a union representative employees and a District representative.
17.2.4 The names the number of permanent full-time and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the part-time employees to be laid off via seniority lists.
5. Part-time employees shall have equated seniority, but they may not bump a full-time 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, the employee will be considered as having the highest seniority in any Classification into which they can exercise bumping.
7. Notices to individual employees will be in writing and provided electronically to the individual's College email address and shall constitute date of official notice. Each notice letter will include the time, date and place of a meeting at which an individual can exercise bumping rights.
8. If an affected individual is unable to be present at a bumping meeting, they may authorize a member of the Union’s Executive Board to exercise their 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.
9. 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.
10. Individuals on Personal Leave, Parental Leave beyond three (3) months, Leave for Union Business, or Other Leaves (Article 22) who wish to exercise bumping rights must end of such school year their leave and return to work to do so.
11. Individuals on FMLA leave, or on a jury duty leave, may exercise bumping rights while on leave and shall be given written notice on or before April 29 informing them of their layoff effective returned to the position into which they have bumped at the end conclusion of the approved leave.
12. Individuals may choose not to exercise bumping rights and accept a layoff. The Employer agrees it will not contest unemployment compensation benefits in such school year cases.
13. Individuals who exercise bumping rights shall do so in the following order of priority: In each of the following steps below, the employer will consider vacant positions before bumping an employee.
a. Bump in the same job classification, the least senior employee collegewide.
b. Bump the least senior employee in any job classification and the same pay level collegewide for which the employee is qualified.
c. Bump the least senior employee in a lower job classification collegewide for which the employee is qualified. For purposes of their displacement rightsthis section only, whenever the job classification being bumped into is a Paraprofessional, "the least senior employee" shall mean the least senior position for which the person bumping has the qualifications. For example, if any a Level IV person -- who has the qualifications for an ASC Paraprofessional -- is being displaced, they may bump the least senior ASC Paraprofessional, even though the least senior Paraprofessional is in Physics. In the event an individual has the qualifications in more than one discipline supported by Paraprofessionals, they must bump the least senior position among those disciplines in the order listed above.
14. A full-time employee who has exhausted the provisions of paragraph 13 may choose to bump a part-time employee. The same order of priority of bumping rights specified in paragraph 13 shall apply. A full-time employee who bumps into a part-time position will lose full-time benefits and recall rightswill accrue seniority on a pro-rata basis. HoweverA full-time employee who has sufficient seniority, if and qualifications, may bump into two part-time positions utilizing the termination date required order of any specially funded program priority, and provided the part-time positions do not have overlapping hours. In such cases, the employee shall retain full-time benefits and shall continue to accrue seniority on a full-time basis.
15. When an employee is other than June 30placed in a lower job classification, such notice they shall be given not less than sixty (60) days prior paid at the applicable rate for that classification. An employee shall be reclassified to a position of lower rank and pay only when they otherwise would be laid off in the effective date of their layoffhigher rank because a position has been eliminated.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees 16. Employees who voluntarily elect to be laid off shall be subject to layoff for lack of work, affected recall under the same terms and conditions as employees who are involuntarily laid off.
17. Any disputes arising from this Section shall be given notice positioned at Step 4 of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rightsGrievance Procedure.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because (a) For purposes of lack this article, a layoff is defined as a loss of work employment by a permanent employee as a result of reorganization or lack the elimination of funds are eligible for recall from layoff for his/her position, or as a period result of thirty nine a reduction in the hours worked in his/her position by more than seven (397) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3hours per week.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes Permanent employees shall be laid off firstin reverse order of seniority pursuant to the following subsections:
(1) Permanent employees, designated for layoff, shall have the right to bump a more junior bargaining unit employee, provided the senior employee has the skill, knowledge and ability to perform the duties required after a brief familiarization orientation period.
c) In the event two (2) or more employees have the same length of serviceUpward bumping to a higher paid classification is not permitted under this article.
(3) When a senior employee bumps a junior employee, the order senior employee shall assume the hours of layoff shall be determined by lot in presence work of the affected employees, a union representative and a District representativeposition into which he/she bumps.
17.2.4 The names (c) To be eligible to bump a more junior employee under this article, employees designated for layoff must notify the Director or designate of permanent and probationary employees laid off their intention to do so, within ten (10) regular business days after being so designated. Failure by the employee to do so shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniorityresult in loss of all bumping rights.
17.2.5 When as a result of the expiration of a specially funded program(d) The Employer shall notify employees designated for layoff, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty four (604) days calendar weeks prior to the effective date of their layoff. After three (3) years of continuous service, an additional calendar week's notice shall be provided for each year of continuous service, to a maximum of eight (8) calendar weeks' notice.
17.2.6 When as (e) Where an employee bumps a result more junior employee under this article, the change in job and/or location shall be entirely at the employee's expense.
(f) As an alternative to the layoff of a bona fide reduction or elimination of the service being performed by any departmentjunior employee under this article, classified employees shall be subject a senior employee may voluntarily offer to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of take layoff and informed of other displacement rightsto be placed on the recall list, if any provided the junior employee to be retained has the skill, knowledge and recall rightsability to perform the work available.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 A. Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff will be affected by the following procedures:
1) Classified employees selected for the lack of funds, the employees to be laid off at the end of such school year shall be given layoff will receive written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June thirty (30, such notice shall be given not less than sixty (60) calendar days prior to the effective date of their the layoff.
17.2.6 When as a result of a bona fide reduction , or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information Failure to give this notice requirement is not subject to the grievance procedure or binding arbitration or review by any other administrative agency. Employees in Classifications identified for layoff shall remain confidential until its release is mutually agreed to by be laid off in reverse seniority beginning with the District and the Associationleast senior employee.
17.2.8 Nothing herein provided shall preclude a 2) Classified employees selected for layoff will have “bumping” rights based on seniority.
3) Classified employees selected for lack layoff will be considered for placement in any vacant position(s) within the employee’s job classification for which they are qualified in lieu of funds “bumping” other employees. If there are no such openings within that classification, then they will be considered for equal or lower paying positions within the employee’s job classification group for which they are eligible. Such placement results in the event employee having regular employment in the new job, with no recall rights to the former job. Instead of an actual accepting any such placement which is offered, the employee may elect to bump, as described in paragraph B, or may elect to be placed on the recall list as described in paragraph 6.3. Roseburg Public Schools 2019-2020 Classified Agreement
B. Affected employees may elect to “bump”
1) The least senior employee in their classification group; however, “bumping” will be limited to positions requiring equal or fewer qualifications. Employees may not bump into a higher-level position, or greater hours, even though it may be part of the classification group. The order of the “bumping” option will be given to the most senior affected employee first. A refusal to elect the “bumping” option within five (5) District business days from the date of written notice will effectively waive the employee’s rights to “bump” and existing financial inability to pay salaries he/she will be placed on the layoff list; or
2) The least senior employee in a position outside the current classification group if the affected employee held that position for six (6) months during the last five (5) years of classified employeesemployment.
C. Employees affected by paragraphs A or B, nor layoff for lack of work resulting above, will enter the new position at the experience step level held in the position from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6which they were laid off.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39a) months and When it is necessary to reduce the workforce, layoffs shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigneddone by classification. Any bumping which may ensue, shall be granted done outside of the same rights as persons employee’s classification. For purposes of this clause, the classifications shall be defined as: Process Operators Technician, Supply Cycle Trades (Mechanical) Technician, Laboratory Trades (Instrumentation/Electrical) Planners Material Flow Technicians Rail Loaders Probationary employees will be laid off and first before seniority employees. Where the Company determines that it is necessary to reduce the number of employees in a classification, layoffs shall retain eligibility be done in reverse order of seniority as amongst employees in the classification(s) to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classificationreduced.
b) If an employee has been designated for layoff from his classification pursuant to the above process, he may use his plant seniority to bump a junior employee in another classification on the following conditions:
(i) The senior employee must have the ability to perform the available work to the job standard with a ten (10) working day familiarization period; and
(ii) He shall assume the rate of pay for the job to which he has moved after one year. If a senior employee is able to perform more than one job, (as above described) outside of his classification, the Company retains the right to decide into which job the senior employee shall move to avoid layoff. The Company will meet with the shortest length of service in Union to receive and consider input with respect to the classification plus higher classes shall be laid off firstoverall bumping plan for affected employees.
c) In the event two (2) or more employees An employee who is bumped by a senior employee seeking to avoid a layoff shall himself have the same length of service, right to displace another junior employee on the order of layoff basis described in (b) above. The employee who is then bumped shall be determined by lot in presence of not himself have the affected employees, a union representative and a District representativeright to displace any other employee. The Company may reassign him to other work or may lay him off.
17.2.4 d) In preference to permanent layoff, employees who have at least one year of service may request to accept severance pay and terminate their employment.
e) The names company will reimburse an employee for training and/or moving costs incurred within two years of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List termination to a maximum of two thousand dollars ($2000), provided such expense is for the classification from which they were laid offpurpose of an outside employment opportunity, less any other training or moving subsidy available to the employee. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded programTraining costs will include registration, classified positions must be eliminated at the end of any school yeartuition fees, books, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffexamination fees.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because (a) A short term layoff shall mean:
i) a layoff resulting from a planned temporary closure of lack any part of work the Employer’s workplace during all or lack part of funds are eligible the months of July and August ( a summer shutdown) or during the period between December 15th and January 15th inclusive (Christmas shutdown); or
ii) a layoff resulting from a planned temporary closure, not anticipated to exceed six months in length, of any part of the Employer’s workplace for recall from the purpose of construction or renovations; or
iii) any other temporary layoff for a period of thirty nine which is not anticipated to exceed three (393) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3length.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of servicea short term layoff, the order Employer shall provide the local Union with no less than 30 calendar days’ notice.
(c) Cancellation of layoff single or partial shifts shall not be determined by lot in presence considered a layoff, however it will be conducted on the basis of the affected employeesreverse seniority of employees in the classification affected. A partial or single shift reassignment will not be considered a layoff, a union representative and a District representativehowever it will also be conducted on the basis of reverse seniority in the classification affected.
17.2.4 The names (d) An employee who has been notified of permanent and probationary employees laid off shall be placed upon a short-term layoff may:
i) accept the Recall from Layoff List for layoff; or
ii) opt to retire if eligible under the classification from which terms of the Employer's pension plan as outlined in Article 19; or
iii) elect to transfer to a vacant position, provided they were laid off. Names shall be listed on are qualified to perform the Recall List by seniorityavailable work; or
iv) displace the least senior employee in the bargaining unit whose work they are qualified to perform.
17.2.5 When as (e) A "long-term layoff" shall mean any layoff which is not a result short-term layoff.
(f) In the event of a proposed layoff at the Hospital of a permanent or long-term nature the Hospital shall:
i) provide the Union with no less than five (5) months written notice of the expiration proposed layoff or elimination of position; and
ii) provide to the affected employee(s) no less than five (5) months written notice of layoff.
(g) An employee who has been notified of a specially funded programlong-term layoff may
i) accept the layoff; or
ii) opt to retire if eligible under the terms of the Employer's pension plan as outlined in Article 19; or
iii) elect to transfer to a vacant position provided that they are qualified to perform the available work; or
iv) displace another employee, classified positions must be eliminated at the end of in any school yearclassification for which qualified, and classified employees will be who has lesser bargaining unit seniority and who is the least senior employee on a unit or area whose work the employee subject to layoff is qualified to perform.
(h) In all cases of layoff, the Employer shall meet with the local Union to review the following:
i) the reasons for the lack layoff and the expected duration of funds, the layoff if short term
ii) the service which the Employer will undertake after the layoff;
iii) the method of implementation including the areas of cut-back and the employees to be laid off at off; and
iv) any limits which the end parties may agree on the number of such school year shall employees who may be given written notice on newly assigned to a unit or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffarea.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because 28.1 In the event of lack a layoff of work or lack of funds are eligible for recall from layoff for a period of thirty nine longer than ninety (3990) months and shall be recalled in accordance with the provisions specified in Article 15days duration, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes employees shall be laid off firstin reverse order of bargaining unit wide seniority giving due consideration to the effects of individual programs. Recall shall be in order of seniority, however, employment shall be considered to be terminated if such layoff extends beyond one year.
c) In the event two (2) or more 28.2 The Employer shall notify employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees who are to be laid off at ten (10) working days before the end layoff is to be effective. If the employee to be laid off has not had the opportunity to work ten (10) full days after notice of such school year layoff; they shall be given written paid in lieu of work for that part of ten (10) days during which work was not made available.
28.3 During layoff, an employee does not earn paid vacation or sick leave credits.
28.4 The Employer shall pay their part of premiums of the group Medical and Insurance Plans as provided in Article 13 for employees laid off for periods of ninety (90) days or less.
28.5 An employee who receives notice on of ▇▇▇▇▇▇ may, by notice in writing, within five (5) working days to the Director, Corporate Services and/or designate, “bump” (displace) a less senior employee who occupies a position of equal or before April 29 informing them of their layoff effective at lower classification, provided that the end of such school year employee has the necessary skill, ability and of their displacement rights, if any and recall rightsqualifications to perform the duties involved. However, if the termination date of any specially funded program is other than June 30, such notice No trial or training period shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as allowable on a result of a bona fide reduction or elimination of the service being performed by “bump” but it is understood that any department, classified employees assessment shall be subject to layoff for lack of work, affected employees done in good faith and on a reasonable basis. A “bumped” (displaced) employee shall be given notice of layoff not less than sixty (60) days prior and shall have the right to the effective date of layoff and informed of other displacement rights, if any and recall rights“bump” another employee on these same terms.
17.2.7 Not precluding 28.6 Employees who are laid off will be retained on the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make seniority list for a good faith effort to notify the CSEA Executive Board period of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.twelve
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15,
Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 1. Layoff shall be handled defined as followsa separation from service for involuntary reasons not reflecting discredit upon employees. The Employer shall determine the number and classifications to be laid off. All employees on initial probation within the bargaining unit classification within the assigned facility selected for layoff shall be laid off before any layoffs of regular full-time or on-call non-probationary employees within the bargaining unit classification within the assigned facility. The term “assigned facility” as used in this Agreement means the facility where an employee predominantly reports for his/her shift.
Section 2. The layoff procedure shall occur in the following manner:
a) By seniority An employee shall be given thirty (30) calendar days notice of layoff in classificationwriting.
b) The least senior full-time employee with the shortest length of service in the classification plus higher classes shall be laid off firstby bargaining unit classification within the assigned facility.
c) In An employee notified of pending layoff shall select one (1) of the event following options and communicate such choice in writing to the Employer within ten (10) calendar days from the employee is notified in writing:
1) Accept demotion to a former classification previously served, including bumping the least senior employee in that former classification, provided the bumping employee has more classification seniority in the former classification, and provided that the receiving manager determines that, on the basis of relevant job skills, the affected employee can perform all of the duties of the specific position adequately within two (weeks or;
2) or more employees have the same length of service, the order of layoff shall The employee may elect to be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off. Employees laid off shall be placed upon on the Recall from Layoff List layoff list for the classification from which they were laid off. Names shall be listed on the Recall List by seniorityremoved.
17.2.5 When as Section 3. An employee who is laid off shall have recall rights for one year to a result vacant position in the classification within the assigned facility from which they were laid off and for which they are qualified to perform. It is the responsibility of the expiration employee to notify the Metro Human Resources Department of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject changes to layoff for the lack of funds, the employees his/her contact information in order to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff eligible for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 aboveSection 4. On re-employment of laid off employees, the District will make a good faith effort to Employer shall notify the CSEA Executive Board of pending layoffs as soon as is practicably possibleemployee by certified letter, with a copy to the Union, mailed to their last known address. This information The employee shall remain confidential until its release is mutually agreed have five (5) days to report their intentions to the Employer and shall report to work within two (2) weeks after notification by the District and the AssociationEmployer or as mutually agreed. Failure to accept recall to work will terminate any rights for re-employment.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because 17.1 Where it becomes necessary in the opinion of lack Management to reduce the working force, the following procedure will be observed:
1. Probationary employees shall be terminated before bargaining unit employees are affected.
2. If further reductions are necessary, the employee with the least bargaining unit seniority shall be displaced. If the bargaining unit is separated into branches in the future and the employee with the least seniority at the branch facing layoffs has more bargaining unit seniority at another branch, that employee may bump into the other branch displacing an employee with less bargaining unit seniority, provided that he is capable to perform the functions of work or lack that employee within a trial period of funds are eligible for recall from five (5) days.
17.2 If an employee is unable to displace any employee in the Unit, he will receive notice of layoff and at the designated time, will become an inactive employee on layoff.
17.3 Seniority shall be maintained and accumulated during an absence due to layoff for a period equaling the employee's seniority, at the time of thirty nine layoff, but in any event, not to exceed twelve (3912) months and shall months.·
17.4 The Company will provide a minimum notice of 48 hours prior to layoff provided the employee has seniority in the bargaining unit. Notice for layoffs for greater than thirteen (13) weeks will be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu Employment Standards Act of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility B.C. This minimum notice of forty-eight (48) hours will not apply to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When layoffs as a result of factors beyond the expiration control of a specially funded programthe Company. If an employee is to be force reduced and must bump into another geographical location, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees that employee may elect to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffoff.
17.2.6 When as a result 17.5 In the event that an employee with twenty (20) or more years of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject is laid off due to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 abovetechnological change, the District employee will make a good faith effort be entitled to notify the CSEA Executive Board one (1) week of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Associationpay for each year of service.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons 7.01 If a reduction in staff is necessary the Union shall be consulted by the Company and privileged to present recommendations which will be considered by the Company prior to a decision by the Company. In cases where time does not permit such prior consultation the Company will take temporary action only until the recommendations of the Union can be considered.
7.02 In the event of a reduction in staff, the most junior employee shall be laid off because first and the most senior employee last.
a) An employee affected by a layoff, reduction of lack staff or position elimination shall have the option of displacing an employee with less seniority in the same or lower salary group provided they have the qualifications required to perform the job.
b) If no same or lower salary group position exists the employee shall be allowed to displace any employee with less seniority in the next higher group available.
c) The displaced employee shall follow the process established above in displacing employees with less seniority than them.
d) An employee so affected shall be on a trial period for the first thirty (30) days. If during the first thirty (30) days the employee is considered to be unsuitable for the position, or if the employee considers the position unsuitable for them, they shall be allowed to displace another employee with less seniority in the same or lower salary group than the position they originally had, provided such position exists. The trial basis may be extended by mutual agreement between the parties.
e) The Company will provide on-the-job or special training as required during the trial period.
a) For permanent loss of employment, notice of layoff shall be given an employee, other than a probationary employee, or employees hired for work or lack of funds known temporary durations, two weeks before they are scheduled to be laid off. Where an employee is laid off due to a Company decision to permanently eliminate a position then that employee may elect to terminate and not be eligible for recall from layoff for a period as described in 6.11 of this agreement. If the employee makes such election within thirty nine (3930) months and days of the date the elimination is deemed permanent then the employee will receive severance pay on the following basis: 52 weeks
b) No employee shall be recalled eligible for severance payment under both Article 10 (Technological Change) and Article 6 (Seniority).
c) Where a temporary curtailment of mill operation is planned the Company will endeavor to give the Union as much notice as possible.
d) Enhancements in Severance Allowance achieved by the CEP (Unifor) through collective bargaining will be incorporated into this agreement.
a) An employee who is laid off shall be subject to recall in order to seniority, subject to their qualifications to fill the available position, but shall have no rights as an employee under this agreement save the right of recall in order of seniority and welfare and benefit coverage in accordance with 6.11 (b). Employees shall retain their seniority for one year from the provisions specified in Article 15date of layoff, Section 15.3.2 and 15.3.3.
17.2.2 plus one additional month for each year of continuous service up to an additional 12 months. Employees who take voluntary demotions are on the recall list and are called back for temporary work assignments shall have their recall rights extended by one (1) day for every one (1) day or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classificationpart thereof worked.
b) The employee following Company-paid benefit plans will remain in effect for employees with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two one (21) or more years seniority for six (6) months and for employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other with more than June 30, such notice shall be given not four (4) months but less than sixty one (601) days prior to the effective date of their year’s seniority for three (3) months while on layoff.:
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60i) days prior to the effective date of layoff Group Life Insurance Plan
(ii) Provincial Health Plans and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.Extended Health Benefit Plan
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because of lack bargaining unit employees will be based upon seniority. When positions are eliminated or reduced in hours sufficient to meet the definition of a layoff as set forth in Section B, employees will be transferred in the following sequence:
1. Senior employees in the affected positions will be transferred to positions within their respective job titles occupied by less senior employees which provide sufficient work hours (six (6) hours per day/ thirty (30) hours per week) to leave the senior employee’s insurance benefits unaffected and most closely restore the hours cut from the senior employee’s work schedule. However, senior employees who are reduced in hours may have the choice to either stay at their building with reduced hours or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3exercise their bumping rights.
17.2.2 Employees who take voluntary demotions or voluntary reductions 2. Once transfers within job titles have been completed, employees displaced by transfers and employees in assigned time affected positions lacking the seniority to transfer within their job titles will be transferred, per the terms set forth in lieu of layoff or who remain Section D 1, to positions within their respective classification groupings (listed in their present positions rather than Appendix A) which are occupied by less senior employees. Available work hours will be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still applyawarded based on seniority.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length 3. Following completion of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of serviceall transfers, the order least senior employee(s) may then exercise any rights they may be entitled to under Section E of layoff shall this Article or be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall Less than twelve (12) month employees may not displace twelve (12) month employees. Transfers are allowed between less than twelve (12) month employees provided that all other conditions set forth in this Article are met. Employees displaced by transfers will also be listed on the Recall List by seniority.
17.2.5 When transferred as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified described in this Section. Laid-off employees will not be subject to layoff for paid any salary or benefits during the lack period of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rightslayoff. However, if employees shall retain their health benefits through the termination date of any specially funded program is other than June 30following month after being laid off. Notwithstanding, such notice shall be given not less than sixty (60) days prior a laid-off employee may, at their own expense, continue insurance coverage, subject to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination approval of the service being performed by any department, classified employees shall be insurance carrier(s) and subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rightsapplicable laws.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because of lack of Should it become necessary for the Employer to reduce its work or lack of funds are eligible for recall from force, the Employer shall follow the layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights process as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 defined below. No Layoff shall be handled as followsimplemented without:
a1. Notifying the Union thirty (30) By seniority days in classificationadvance. Such notice shall indicate the job classifications, number of hours, and Bargaining Unit Employees who will be affected by the Layoff;
2. The union may request a meeting for the purpose of avoiding or mitigating said Layoff and discussion of the procedures to be followed. Any such meeting shall be held within fifteen (15) days of the notice of Layoff.
b3. All employees who are scheduled to be laid off shall receive at least fourteen (14) calendar days advance written notification thereof from the Employer, by personal delivery or by certified or registered mail (return receipt requested). In the event no notice or less notice is provided, the Employer shall pay the difference, at straight-time rates of pay not to exceed eight (8) hours per day, between the day of actual notice provided and the fourteen (14) day notice required. The employee with Employer shall notify the shortest length Union when layoff notices are being given, and shall bargain about the effects of service the layoff decision. Any and all disagreements by and between the parties regarding such effects bargaining, however, shall not be subject to the Grievance and Arbitration articles and neither party may engage in conduct in violation of the No Strike/No Lockout article of this Agreement.
4. Probationary and temporary Bargaining Unit Employees within the affected job classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length first without regard to their individual periods of service, the order of layoff employment. Non-probationary Bargaining Unit Employees shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end next in reverse order of such school year their seniority. No more senior employee shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program laid off as long as there is other than June 30, such notice shall be given not a less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds senior employee working hours in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by same job classification on the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6same shift.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off A. In the event that it becomes necessary for the Reading School District to reduce the number of permanent employees in the bargaining unit because of lack decreases in pupil enrollment, reduction of work the budget, or lack other financial reasons, the procedures set forth in this article will govern the termination and reemployment of funds employees who are eligible affected by any such reduction.
B. Should the Committee determine that a reduction is to occur in one or more areas, the following procedure shall be followed. To the extent possible, normal attrition will be used to reduce the number of positions in the area involved. If further reductions are needed, the Reading School District shall lay off employees in reverse order of seniority within the classification of cook-manager and cafeteria worker, with the following exceptions:
1. In each classification all regular part-time employees shall be considered to be less senior than all full-time permanent employees regardless of actual years of service.
2. If a less senior employee can be shown to be clearly superior to a more senior employee considering qualifications appropriate for recall from the type of position remaining, then the less senior employee may be retained. A cook-manager notified of a lay off shall have the right to displace the least senior full time cafeteria worker.
C. The Reading School District will make every effort to notify employees whose employment is to be terminated effective in September of the next school year no later than July I. If the layoff occurs during the school year, the employees affected shall receive thirty (30) days' notice.
D. Employees whose employment is so terminated will be considered for reemployment by the Reading School District in the inverse order of their termination during a period of one (I) year from the date of their termination, if they inform the Superintendent in writing within thirty nine (3930) months and days of their termination of their desire to be considered. An employee who declines a position shall be recalled in accordance with placed at the bottom of the recall list. If a person on the recall list refuses the position offered, the Reading School District may hire from outside the system.
E. Employees who are reemployed by the Reading School District within said one (I) year period after their termination under the provisions specified in Article 15, Section 15.3.2 and 15.3.3of this article shall have restored to them the unused sick leave they had accumulated at the time of their said termination.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment F. A certified letter sent to the class still applylast address on file at the Superintendent's office shall constitute recall notice. Failure to reply in writing within fourteen (14) days shall result in placement at the bottom of the recall list.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event G. If two (2) or more employees have are laid offeffective the same length date, for the purpose of servicerecall, the their order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid lay off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by according to seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because (1) The University will continue to make reasonable efforts to avert layoffs of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3bargaining unit employees.
17.2.2 Employees who take voluntary demotions or voluntary reductions (2) In the event of a layoff within a job classification in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigneda department, shall be granted probationary employees within the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the job classification plus higher classes shall be laid off firstfirst without regard to their individual periods of employment. Non-probationary Employees shall be the next to be laid off on the basis of their classification seniority.
c(3) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, such employee will be assigned to the position held by the least senior employee in the same classification and department, provided he/she has the skill and ability, work record and experience to perform the duties of the job, and the least senior employee shall be laid off.
(4) In the event that an employee is scheduled to be laid off from a position in a department and there exists a vacant position in that department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Where two (2) or more employees have the same length of serviceare scheduled to be laid off from a department and are qualified for a vacant position in that department, the order of layoff shall vacancy will be determined by lot in presence of offered first to the affected employees, a union representative and a District representativeemployee with the most bargaining unit seniority.
17.2.4 The names (5) In the event that an employee with four or more years of permanent and probationary employees bargaining unit seniority is scheduled to be laid off shall be placed upon from one department and there exists a vacant position in another department for which the Recall from Layoff List for employee is qualified on the classification from which they were basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Names shall Where two or more employees are scheduled to be listed on laid off and are qualified for the Recall List by vacant position, the vacancy will be offered first to the employee with the most bargaining unit seniority.
17.2.5 (6) In the event that an employee with less bargaining unit seniority than specified in paragraph 4 above is scheduled to be laid off in one department and there exists a vacant position in another department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she will be considered for the vacant position before other candidates. When two or more employees are scheduled to be laid off who are qualified, first consideration will be given to the one with the most bargaining unit seniority.
(7) If a regular part-time Employee has greater equivalent seniority than a full-time Employee in the same classification who is to be laid off, the part-time Employee must be willing to accept full-time employment to continue working.
(8) In all of the above cases, the employee who is assigned to a new position shall serve the same probationary period in such new position as a new hire. If he/she is removed from the new position during the probationary period, he/she shall be laid off.
(9) The University will provide at minimum a total of thirty days notice of layoff or an equivalent period of time in the Casual and Temporary Program outlined in Article 41.
(10) When a cashier is temporarily laid off, and given a definite date of return to work and is denied Unemployment Compensation Benefits solely because of the Amendment effective July 20, 1983 to Section 590.11 of the Labor Law, the University will pay such employee the sum of $125.00 per week beginning with the second week of unemployment and during such period of temporary unemployment, said sum to be reduced by any amount earned as a result of any type of employment during the expiration layoff period. Under no circumstances will the above payment be made after the return date given to employee at the time of layoff, or during a specially funded programperiod for which Unemployment Compensation Benefits are paid. Part-time cashiers on temporary layoff shall receive payments on a pro-rata basis. Full-time and part-time cashiers on temporary layoff shall continue to receive the medical benefits they received while employed. In the event that the layoff allowance for other dining services employees represented by Local 1199 is increased during the term of this agreement, classified positions must be eliminated at cashiers represented by Local 2110 will receive the same increase. The Department will make every effort to assess its summer staffing needs prior to the end of any school yearthe spring semester. Based on operational needs, and classified employees Cashiers will be subject retained during the summer months in order of their seniority within their location. Replacement or additional Cashiers, as needed, will be recalled in the same seniority order. If there is no Cashier from within the location who is available to layoff for the lack of fundswork, the employees Cashiers scheduled to be laid off at the end of such school year shall or on layoff from other locations will be given written notice on or before April 29 informing them recalled in order of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days seniority prior to the effective date of their layoffUniversity hiring a temporary employee or outside applicant, except in an emergency situation.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 A. Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff will be affected by the following procedures:
1) Classified employees selected for the lack of funds, the employees to be laid off at the end of such school year shall be given layoff will receive written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June least thirty (30, such notice shall be given not less than sixty (60) calendar days prior to the effective date of their the layoff.
17.2.6 When as a result of a bona fide reduction , or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information Employees in classifications identified for layoff shall remain confidential until its release is mutually agreed to by be laid off in reverse seniority beginning with the District and the Associationleast senior employee.
17.2.8 Nothing herein provided shall preclude a 2) Classified employees selected for layoff will have “bumping” rights based on seniority.
3) Classified employees selected for lack layoff will be considered for placement in any vacant position(s) within the employee’s job classification for which they are qualified in lieu of funds “bumping” other employees. If there are no such openings within that classification, then they will be considered for equal or lower paying positions within the employee’s job classification group for which they are eligible. Such placement results in the event employee having regular employment in the new job, with no recall rights to the former job. Instead of an actual accepting any such placement which is offered, the employee may elect to bump, as described in Article 6.2.B, or may elect to be placed on the recall list as described in Article 6.3.
B. Affected employees may elect to “bump:”
1) The least senior employee in their classification group; however, “bumping” will be limited to positions requiring equal or fewer qualifications. Employees may not bump into a higher-level position, or greater hours, even though it may be part of the classification group. The order of the “bumping” option will be given to the most senior affected employee first. A refusal to elect the “bumping” option within five (5) district business days from the date of written notice will effectively waive the employee’s rights to “bump” and existing financial inability to pay salaries they will be placed on the layoff list; or
2) The least senior employee in a position outside their current classification group if the affected employee held that position for at least six (6) months during the last five (5) years of classified employees, nor layoff for lack of work resulting employment.
C. Employees affected by Articles 6.2.A or 6.2.B will enter the new position at the experience step level held in the position from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6which they were laid off.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because (1) Layoff of lack regular employees with less than three years' service seniority shall be in reverse order of work or lack seniority within a classification and within seniority blocks as specified in Appendix 4 - Seniority Blocks and Seniority Units.
(i) A regular employee designated for layoff may opt to use Clause 13.5(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of funds the job.
(ii) If there are eligible no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for recall from layoff for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3familiarization.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu (iii) If an employee is not placed through the option of layoff or who remain in their present positions rather than be reclassified or reassigned(a)(2)(ii) above, shall be granted then they may opt to displace the same rights as persons laid off junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and shall retain eligibility is qualified and able to be considered for recall for perform the job after a period of sixty three (63) months; provided that familiarization. This option shall be exercised only within the same tests of fitness under which they qualified for appointment to the class still applyseniority block and same geographic location.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b(iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i).
(3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee, within the same seniority block and going onto auxiliary recall lists with the shortest length Employer within the geographic boundaries of the seniority block.
(4) A regular employee who chooses to go onto the auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21 - Maternity, Parental and Pre-adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of Clauses 15.3 – Notice of Work Schedules and 15.4 – Short Changeover Premium, the vacation scheduling provisions and notice of layoff as specified in (b) below. Where an employee loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service in the classification plus higher classes seniority shall be laid off firstcredited as auxiliary seniority for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (prorated for partial years).
c(5) In the event two Notwithstanding (1), (2) or more employees have the same length of serviceand (3) above, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the regular employees to be laid off at the end of such school year retained shall be given written notice on or before April 29 informing them qualified and able to perform the work which is available after a period of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layofffamiliarization.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff In the event the Hospital must reduce the workforce for a period of thirty nine 13 14 continuous calendar days or more in a given unit, ONA can request a meeting with 14 the leadership in the unit to review the reasons for the reduction in workforce and 15 whether a layoff should be initiated. The meeting will be scheduled within five business 16 days. Once the parties have met, if it is determined that a layoff is needed, the Hospital 17 shall institute a layoff that will be in reverse order of seniority provided the nurses 18 remaining on the unit are qualified to perform the work to be done. If unable to agree in 19 the meeting, ONA can demand a layoff be initiated. Nothing in this language prevents 20 the Hospital from initiating a layoff. 22 The Hospital will provide as much advance notice as reasonably possible, but in 23 all cases, in accordance with Article 5.4 - Notice of Termination, in no case will this 24 notice be less than 21 calendar days. A nurse selected for layoff will have the following 25 steps in the following order. For purposes of this Article, similar category applies to 26 "benefited" positions and "relief' positions. Benefited nurses can bump the least senior 27 benefited nurse, and relief nurses can bump the least senior relief nurse in each step. If 28 multiple positions are being eliminated, the most senior nurse shall exercise their choice 29 among the available options first. In the event that the Hospital is eliminating an entire Date Accepted / / Accepted by ▇▇▇ Accepted by Employer 1 unit, job classification, or major portion thereof, or is combining or separating units, the 2 Association and Hospital will discuss additional options related to such reorganization. 4 Provisions in Article 11.7 shall apply to the awarding of these positions.
5 1. A nurse notified of layoff shall be entitled to fill any similar category posted 6 position within the department, provided he/she meets minimum qualifications for 7 the position.
9 2. If there is no posted position within the department, the nurse may bump 10 the most junior nurse (39similar category) months within the department provided he/she 11 meets minimum qualifications for the position.
13 3. If there is not a similar category position posted in the department from 14 which the nurse is being laid off, the laid off nurse may request and shall be recalled 15 entitled to replace the most junior similar category nurse in accordance with a bargaining unit 16 position for which the provisions specified in Article 15laid off nurse is qualified to perform, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu following normal 17 orientation. To exercise this right, the laid-off nurse must have greater seniority 18 than the nurse being replaced. 20 In all steps above, the nurse being laid off must notify management within 48 21 hours of receiving notice of layoff or who remain of their decision to exercise their bumping rights. 23 A nurse on layoff status will have the ability to access electronic notification of 24 internal and external posted positions for up to six months. It will be the laid-off nurse's 25 responsibility to meet the application timelines, per Article 11, and the Hospital 26 requirements and application process, in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility order to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined posted 27 positions. Date Accepted / / Accepted by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List ▇▇▇ Accepted by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.Employer
Appears in 1 contract
Sources: Professional Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event of an extended layoff the Company and the Local Union shall meet and review the procedures as a result of any juris- dictional bumping. The least senior employee in the classification affected will be laid off or he/she may elect to displace the least senior employee in any other classification provided he/she is se- nior to the employee he/she is displacing. The displaced employees may then exercise his/her seniority in the same manner in any other classification until the least senior employee is laid off. In all other cases when a bid job is consolidated, discontinued or suspended, the employee shall work as assigned. In the event the bid job is not restored after fifteen (15) workdays, the employee affected may elect to displace any employee in his/her or any other classification provided he/she is senior to the employee he/she is displacing and qualified to perform the job selected. The displaced employee may then exercise his/her seniority in the same manner. Moves result- ing from such displacements shall be limited to three (3). Should a fourth (4th) displacement result, such displacement shall be made after thirty (30) days. When there are junior people in the package driver classification working in a building and there are senior people in the same classi- fication who are on layoff in another building within the jurisdiction of the Local and in the same UPS District, pursuant to the preceding paragraph, the senior person will be allowed to take the work by virtue of their seniority in the package classification for the duration of the layoff. When their bid job is again available, the employee shall return to the original center unless a job is posted for bid then the applicable bidding process pursuant to the contract shall prevail.
(b) Full-time employees who have attained full-time seniority pri- or to August 1, 2013, who may be subject to layoff will be assigned to displace one (1) or more part-time employees in the building if any part-time employees are working in that building. In such case, said employee will be provided with eight (8) contin- uous hours of work at the appropriate rate for the classification of work performed, except that:
1. If said employee displaces a part-time employee and continues to perform the same work as his/her full-time assignment, he/she will continue to receive his/her regular rate of pay.
2. If in the building there is a part-time employee receiving a wage rate higher than that of the displaced part-time employee(s), the full-time employee will receive such higher rate.
(c) Full-time employees who have attained full-time seniority after August 1, 2018 who may be subject to layoff, will be afforded the opportunity to work part-time on one (1) or two (2) shifts in their building. Said employees who have completed their full-time pro- gression and are receiving top rate of pay in their classification will be paid the top rate of pay provided in Article 41, Section 3, for each hour of work, whether they displace one (1) or more two (2) part- time employees.
(1) Said employees will be provide with eight (8) continuous hours of work, if available in their building. When eight (8) continuous hours of work is not available, said employees will be afforded the opportunity to work part-time one (1) or two (2) shifts in their building, including split shifts, if available. The determination of the availability of eight (8) continuous hours will be made by the Labor Manager, Division Manager and the Local Union. It will not be predicated on the creation of work that does not already exist.
(2) For employees covered by the Article 57, Section 3 (c) who have not completed the same length full-time progression in their classification, the part-time rate of servicepay will be established according to their Com- pany date of hire.
(d) When ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇ ▇▇▇ ▇ (▇), (▇) and (C) above do not apply, the following shall: Full- time seniority employee in the order of layoff shall be determined by lot in presence their seniority may elect to take the work of part-time workers, if any, for the duration of the affected employeeslayoff. In such cases, a union representative and a District representative.
17.2.4 The names of permanent and probationary the full-time seniority employees laid off shall will be placed upon guaranteed three (3) hours’ work at the Recall from Layoff List appropriate rate for the classification from which they were laid offof work performed, in addition to all fringe benefits.
(e) Section 3 (A), (B), (C) and (D) shall not apply when:
1. Names The Company shall have the right to lay off employees by clas- sification, in seniority order, for one (1) day, excluding Regular Package Car Drivers. The laid-off employees, in seniority order, may elect to displace the least senior employees working in the building as loaders (excluding pre-load) or unloaders, provided the selection does not interfere with their regularly scheduled job. Full-time employees electing to displace part time loaders or un- loaders will be listed paid at their regular rate for the hours worked on the Recall List by senioritypart-time job.
17.2.5 When 2. During the first three (3) days of emergencies beyond the Em- ployer’s control, such as fire, flood, snowstorm, power failure, T.O.F.C. delays. During strikes against UPS or other companies which require a result re- duction of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffwork force.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Supplemental Agreement
Layoff. 17.2.1 Persons (a) An employee whose job is abolished or declared redundant, or who is displaced or laid off because for any reason will be entitled to exercise their seniority rights in the following manner and order, provided the employee is able to perform the work and subject to the other provisions of lack this collective agreement:
(i) First, the employee will be entitled to displace (bump) a less senior employee in the same job classification at their current site.
(ii) Second, if the employee is unable to exercise the displacement provided above, they may displace a less senior employee in the same job classification at other sites.
(iii) Third, if the employee is unable to exercise the displacement provided above, they may displace a less senior employee in other departments.
(b) Layoffs will only be permitted at the end of the current sign-up period. The Commission shall provide the Union with a minimum of sixty (60) days notice prior to all layoffs. The Commission agrees that in the event of a layoff, employee(s) shall be laid off in the reverse order of their bargaining unit seniority. Recall of employee(s) following a layoff shall be in order of bargaining unit seniority, and recall rights shall not exceed a period of thirty-six (36) months.
(c) If a job is reinstated in any department, at any site, such job must be offered to the originally displaced employee before being offered to other bargaining unit employees.
(d) After being notified of recall by phone and registered mail to the employee’s last known address, the employee must be available to return to work or lack within thirty (30) days. It shall be the employee's duty to notify the Commission promptly of funds are eligible any change in phone number and address. If an employee should fail to notify the Commission of such change, the Commission will not be responsible for recall from failure to reach said employee.
(e) The Commission shall continue to provide, at its own expense, group health insurance, excluding short-term disability and long-term disability benefits, for all employees on layoff for a period of thirty nine ninety (3990) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons days. If an employee is laid off and shall retain eligibility to be considered for recall for a period of sixty three more than ninety (6390) months; provided days, their benefits will be cancelled during the remaining period of layoff unless the employee chooses to pay the premiums.
(f) Employees that are laid off and recalled in the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school calendar year shall be given written notice on the option to re-sign missed vacation and floater days or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffpaid out upon return.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons 13.1 Layoff will mean:
13.1.1 elimination of positions; or
13.1.2 reduction in hours of work.
13.2 If it becomes necessary to reduce the work force, CLS will notify HSAA and all employees who are to be laid off, in writing by registered mail or in person, at least twenty-eight (28) days prior to layoff.
13.2.1 The twenty-eight (28) days' notice will not apply where the layoff results from an Act of God, fire, or flood. However, the affected employee will receive pay for the days when work was not available up to a maximum of twenty-eight (28) days pay in lieu of notice.
13.2.2 If the employee laid off because has not been provided with an opportunity to work her regularly scheduled hours for twenty-eight (28) days after notice of lack layoff, the employee will be paid in lieu of such work or lack for that portion of funds the twenty-eight (28) days during which work was not made available.
13.3 Layoff will be in reverse order of seniority of employees in the classification. However, CLS will have the right to retain employees who would otherwise be laid off when layoff in accordance with this Article would result in retaining employees who are eligible for recall from layoff for not qualified and capable of performing the work required.
13.3.1 For the purposes of Article 13: ▇▇▇▇▇▇ and Recall “qualified and capable of performing the work required” shall be assessed by the Employer recognizing the need to provide a period of thirty nine (39) months familiarization and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3orientation.
17.2.2 Employees 13.3.2 An employee who take voluntary demotions or voluntary reductions in assigned time in lieu of receives a layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty notice will have three (633) months; provided that working days exclusive of Saturday, Sunday and Named Holidays from the same tests receipt of fitness under which they qualified for appointment the notice to the class still apply.
17.2.3 Layoff shall be handled as followsindicate her wish to:
a) By seniority in Displace the most junior employee at her current classification., provided that the employee is qualified and capable of performing the required work,
b) The Take a position at her current classification which is a vacant position within the bargaining unit and for which the employee with is qualified and capable of performing the shortest length of service in the classification plus higher classes shall be laid off first.work, or
c) In At the event two employee’s option, accept layoff with the right to recall
13.3.3 If an employee elects (2a) or more employees (b) above, and the Employer determines that the employee is not capable and qualified of performing the work of the position selected, the Employer shall inform the employee and HSAA of such within fourteen (14) days of the employee making such selection. The employee shall then have the same length of service, the order of layoff shall be determined by lot right to make another selection in presence of the affected employees, a union representative and a District representativeaccordance with Article 13.3.2.
17.2.4 The names 13.4 Should an employee be incapable of permanent displacement in her classification she may look within the classification series in accordance with Article 13.3.2.
13.5 Laid off employees will accrue sick leave and probationary employees laid off shall be placed upon the Recall from Layoff List earned vacation for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result first (1st) month of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result 13.6 Laid off employees will not be entitled to Named Holidays with pay which may fall during the period of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject layoff.
13.7 If CLS proposes to layoff for lack an employee while she is on leave of absence, Workers’ Compensation or absent due to illness or injury, she shall not be served with notice under Article 13.2 until she has advised CLS of her readiness to return to work, affected employees shall be given .
13.8 When notice of layoff not less than sixty (60) days prior ▇▇▇▇▇▇ is delivered to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 abovean employee in person, the District will make employee may be accompanied by a good faith effort to notify the CSEA Executive Board representative of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the AssociationHSAA.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because (1) The University will continue to make reasonable efforts to avert layoffs of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3bargaining unit employees.
17.2.2 Employees who take voluntary demotions or voluntary reductions (2) In the event of a layoff within a job classification in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigneda department, shall be granted probationary employees within the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the job classification plus higher classes shall be laid off firstfirst without regard to their individual periods of employment. Non-probationary Employees shall be the next to be laid off on the basis of their classification seniority.
c(3) In the event a position is eliminated and the affected employee is not the least senior employee in his/her classification, such employee will be assigned to the position held by the least senior employee in the same classification and department, provided he/she has the skill and ability, work record and experience to perform the duties of the job, and the least senior employee shall be laid off.
(4) In the event that an employee is scheduled to be laid off from a position in a department and there exists a vacant position in that department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Where two (2) or more employees have the same length of serviceare scheduled to be laid off from a department and are qualified for a vacant position in that department, the order of layoff shall vacancy will be determined by lot in presence of offered first to the affected employees, a union representative and a District representativeemployee with the most bargaining unit seniority.
17.2.4 The names (5) In the event that an employee with four or more years of permanent and probationary employees bargaining unit seniority is scheduled to be laid off shall be placed upon from one department and there exists a vacant position in another department for which the Recall from Layoff List for employee is qualified on the classification from which they were basis of skill, ability, work record and experience, then he/she may elect to fill that vacancy in lieu of being laid off. Names shall Where two or more employees are scheduled to be listed on laid off and are qualified for the Recall List by vacant position, the vacancy will be offered first to the employee with the most bargaining unit seniority.
17.2.5 (6) In the event that an employee with less bargaining unit seniority than specified in paragraph 4 above is scheduled to be laid off in one department and there exists a vacant position in another department for which the employee is qualified on the basis of skill, ability, work record and experience, then he/she will be considered for the vacant position before other candidates. When two or more employees are scheduled to be laid off who are qualified, first consideration will be given to the one with the most bargaining unit seniority.
(7) If a regular part-time Employee has greater equivalent seniority than a full-time Employee in the same classification who is to be laid off, the part-time Employee must be willing to accept full-time employment to continue working.
(8) In all of the above cases, the employee who is assigned to a new position shall serve the same probationary period in such new position as a new hire. If he/she is removed from the new position during the probationary period, he/she shall be laid off.
(9) The University will provide at minimum a total of thirty days notice of layoff or an equivalent period of time in the Casual and Temporary Program outlined in Article 41.
(10) When a cashier is temporarily laid off, and given a definite date of return to work and is denied Unemployment Compensation Benefits solely because of the Amendment effective July 20, 1983 to Section 590.11 of the Labor Law, the University will pay such employee the sum of $172.50 per week beginning with the second week of unemployment and during such period of temporary unemployment, said sum to be reduced by any amount earned as a result of any type of employment during the expiration layoff period. Under no circumstances will the above payment be made after the return date given to employee at the time of layoff, or during a specially funded programperiod for which Unemployment Compensation Benefits are paid. Part-time cashiers on temporary layoff shall receive payments on a pro-rata basis. Full-time and part-time cashiers on temporary layoff shall continue to receive the medical benefits they received while employed. In the event that the layoff allowance for other dining services employees represented by Local 1199 is increased during the term of this agreement, classified positions must be eliminated at cashiers represented by Local 2110 will receive the same increase. The Department will make every effort to assess its summer staffing needs prior to the end of any school yearthe spring semester. Based on operational needs, and classified employees Cashiers will be subject retained during the summer months in order of their seniority within their location. Replacement or additional Cashiers, as needed, will be recalled in the same seniority order. If there is no Cashier from within the location who is available to layoff for the lack of fundswork, the employees Cashiers scheduled to be laid off at the end of such school year shall or on layoff from other locations will be given written notice on or before April 29 informing them recalled in order of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days seniority prior to the effective date of their layoffUniversity hiring a temporary employee or outside applicant, except in an emergency situation.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons The parties agree that seniority within the collective bargaining unit shall be the basis for reductions in staff. If a reduction of the office and clerical staff is necessary due to economic or other reasons and one or more employees are to be laid off, the employee(s) so affected may first accept any open permanent position(s) within one (1) calendar week of the date of notification by the District. If no such position is available or accepted, the affected employee may accept the layoff or elect to replace:
(1) the employee with the least seniority in the same classification provided the employee is qualified to satisfactorily perform the duties of such position, or (2) in the event the duties of the employee with least seniority are greatly dissimilar to those of the affected employee, the affected employee may replace the next least senior employee in the same classification provided the employee is qualified to satisfactorily perform the duties of such position. For purposes of this paragraph, the School District shall determine whether or not positions are greatly dissimilar and any grievance related to this question may be processed by an employee only through the School Board review as provided in Section 6 of this Article. On this issue the decision of the School Board shall be final and binding and such decision may not be appealed to the arbitrator.
Subd. 1. In the event of a demotion as a result of bumping or other circumstances, an employee so demoted shall be compensated on the same step on the salary schedule as occupied prior to the demotion in the new classification.
Subd. 2. Notice of such layoffs shall be given at least two (2) weeks before the scheduled layoff, except twentyfour (24) hours in cases of emergency, including labor disputes, or at the sole discretion of the District shall receive ten (10) days pay in lieu thereof.
Subd. 3. Employees shall be recalled in order of seniority for a position within the same classification held prior to layoff or a lower classification for which qualified. If a position becomes available for a qualified employee on layoff, the School District shall mail by certified mail the notice to such employee who shall have seven (7) calendar days from the date of mailing of such notice to accept the reemployment. If written acceptance is not received by the district within such seven (7) calendar day period, it shall constitute a waiver on the part of such employee to any further rights of employment or reinstatement and (the employee) shall forfeit any future reinstatement or employment rights. The employee must accept the first offer of rehiring at same classification from which the employee was laid off because or the employee shall be removed from the recall list.
Subd. 4. An employee recalled and reinstated shall receive the rate of lack pay corresponding to the step the employee was receiving at the time of work or lack layoff and in the classification of funds are eligible the new position to which recalled.
Subd. 5. All employees on the layoff list should be considered for all openings for which qualified prior to hiring a person not employed by the School District.
Subd. 6. An employee on layoff shall retain his/her seniority and right to recall from layoff within classification in seniority order for a period of thirty nine one (391) months and shall be recalled in accordance with year after the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because If a reduction in force is necessary beyond normal attrition, the Superintendent will determine the number of lack positions that will be reduced, as well as the date such reductions are needed and will apprise the involved employees and the President of work or lack the Association of funds are eligible for recall from layoff for a period this information by August 15 of thirty nine (39) months and each year. This notification shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days sent prior to the effective date of their layoffsuch reductions.
17.2.6 When as a result of a bona fide reduction or elimination 8:5.1 For seniority, layoff, and recall purposes, the following classifications will be utilized: § Meadowood Instructional Paraprofessional § Instructional (Title I, Personal Support Paraprofessionals, Bilingual, and Nurses Aides, Special Education ILC) § Service Paraprofessionals § Bus Aides Each of the service being performed by classifications, except bus aides, will be divided into a full-time list and a part-time list. The procedure which follows will be applied separately within each classification and each classification will be treated as discrete and independent of each other.
8:5.2 Upon notification that his/her full-time position has been identified for elimination, an employee will be given the opportunity to fill any departmentopen position in the bargaining unit for which he/she is qualified. If an employee does not elect to fill an open position in the bargaining unit, classified employees the employee will remain on the recall list for their specific classification only.
8:5.3 Any employee who elects to fill an open position in the bargaining unit rather than elect to be laid off shall be subject to layoff placed in the position for lack an initial period of work, affected employees shall be given notice of layoff not less than sixty (60) days prior with an additional thirty (30) days upon written notification to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding employee containing reasons for extension. If during this period either the sixty (60) day notice required by 17.2.5 and 17.2.6 aboveDistrict or the employee determines that neither is satisfied with the placement based on reasonable criteria, the District employee will make leave the position and be placed on the recall list in accordance with Section 8:6 of this Article. 8:5.4 Sections 8:5.2 and 8:5.3 do not pertain to the classification of bus aides. Bus aides will be laid off according to the following:
(a) upon notification that his/her position has been identified for elimination an employee will be given the opportunity to assert his/her seniority by being granted a good faith effort transfer to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.an open position or select layoff; and
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds (b) in the event of there are no vacant positions, an actual and existing financial inability to pay salaries of classified employeesemployee whose position has been identified for elimination may bump, nor layoff for lack of work resulting from causes not foreseeable if his/her seniority allows, the least senior employee or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6select layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons A layoff shall be defined as a reduction in the work force, an employee's position being eliminated, or a reduction in the employee’s regular hours of work as defined in this Agreement.
(a) The Employer will give as much notice as is feasible but not less than thirty (30) calendar days to the employee(s) directly affected.
(b) Employees shall be laid off because in reverse order of lack their bargaining unit seniority.
(c) For Recreation and Culture staff, for a program of work ten (10) weeks or lack less, the reduction in hours will not constitute a layoff and bumping within the Instructor group cannot occur unless the person affected has no assignments. Bumping within the Instructor group cannot occur after the commencement of funds a program.
(d) Employees who have received layoff notice or who have been bumped shall have the right to bump employees with less seniority, provided that:
(i) employees exercising that right have the required qualifications to perform the duties of the position they wish to bump into;
(ii) the right to bump shall include the right to bump up where an employee is unable to exercise their bumping rights to retain a similar shift, benefits and ninety-five percent (95%) of gross pay.
(e) The incumbent employee(s), whose hours have been reduced or whose position has been eliminated or who have been bumped, will have five (5) working days to advise the Employer of their intent to:
(i) accept the reduction in hours and remain in the position; or
(ii) exercise their seniority rights; or
(iii) to be placed on the recall list.
(f) The Employer shall provide a current seniority list specifying the name(s), position(s) held, the number of hours of work, full time or part time status and incumbent employee’s seniority date.
(i) Employees who have received layoff notice will be advised of any postings that may have closed but have not yet been awarded. Such employees, if they believe they are eligible qualified for such postings, will have one working day after receipt of notice of the unfilled posting to have their name added to the list of applicants.
(ii) Upon moving into their new position, employees will be required to complete a trial period as per 14.03(a). If employees do not successfully complete this trial period, they will be placed on the recall from layoff list.
(h) Providing the laid off employee is qualified, they shall receive first option in line of seniority for all Auxiliary employment and seniority shall accrue for all time worked.
(i) Any permanent employee who is laid off shall have recall rights to their former classification for a period of thirty nine eighteen (3918) months and provided they remain qualified.
(j) Employees on the recall list shall be recalled to positions in accordance with order of bargaining unit wide seniority provided they are qualified. New employees shall not be hired until those laid off have been given the provisions specified in Article 15, Section 15.3.2 and 15.3.3opportunity of recall.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
ck) In the event two of a vacancy occurring while employees are laid off, Article 14 applies to all employees, including employees on the recall list. The Employer shall notify employees on the recall list of all vacancies.
(2l) or more Recall notices will be sent by registered mail to the employees have being recalled with copies to the same length First Vice President, Second Vice President (▇▇▇▇▇▇▇▇ River), and President of service, the order of layoff Union.
(m) Grievances concerning ▇▇▇▇▇▇ and recalls shall be determined by lot in presence initiated at Step 3 of the affected employees, a union representative and a District representativeGrievance Procedure.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence the Board of Commissioners by department and classification. Examples of “department” are the affected employeesfollowing offices; Treasurer, Prosecuting Attorney, Clerk, Register of Deeds, Equalization, Extension, Maintenance, etc. In reducing the work force, the least-senior employee within a union representative department and a District representative.
17.2.4 The names of permanent and probationary employees laid off classification selected for the layoff shall be placed upon the Recall from Layoff List for the classification from which they were first employee laid off. Names shall The Union and Employer recognize that there may only be listed on one (1) person in each department or in a classification affected by the Recall List by senioritylayoff. The employee affected may bump a less-senior employee within the same department, provided they are qualified to do so or may exercise their option of returning to a formerly held classification in a former department, provided they have the seniority to do so.
17.2.5 When as a result A. The employee who wants to bump must inform the Employer in writing by the next workday after receiving his/her layoff notice.
B. Failure of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject employee to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of exercise their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 rights listed above, the District will make employee has the right to bump the least- senior employee within the bargaining unit, provided they have the qualifications to perform the work.
C. There shall be a good faith effort trial period for an employee allowed to notify bump of a minimum of ten (10) workdays and up to a maximum of twenty (20) workdays. During this time, the CSEA Executive Board department head may put the employee back on layoff status.
D. If an employee is put back on layoff status as noted above, that employee shall not be able to bump into another position, i.e., only one (1) bump is permitted.
E. An employee who successfully bumps another employee as provided above shall be paid at the rate of pending layoffs as soon as is practicably possible. This information the classification to which they bumped but he/she shall remain confidential until its release is mutually agreed to by the District and the Associationat their current step rate.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons (The following provisions are subject to Schedule “F” for Temporary Full-Time, Auxiliary, and Regular Part-Time Employees.)
(a) When laying off an employee or employees within each classification, the last hired shall be the first laid off, based on length of service within the Branch, it being understood that:
(i) the Employer may place the laid off because employee in a vacant regular full- time position of lack the same classification within the bargaining unit
(ii) if the employee is not placed in a vacant position under 14.1(a)(i) within 14 calendar days of work receipt of notice, the employee has the option to bump:
a. the least senior employee in their classification within the branch; or
b. the least senior employee in a lower classification within the branch; or
c. the least senior employee in a classification valued at or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled below Operations Worker II in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3any branch.
17.2.2 (iii) If employees are not placed in a vacant position under 14.1(a)(i) and do not opt to bump under 14.1(a)(ii), they will be placed on the recall list. Employees who take voluntary demotions or voluntary reductions only have the above bumping rights in assigned time in lieu of layoff or who remain in their present relation to positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they are already qualified for appointment and are able to perform.
(iv) probationers have no seniority, and
(v) an employee who has been promoted from one classification to another, and subsequently demoted to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By lower classification shall, within that lower classification, have seniority in classification.
b) The employee with the shortest according to length of service in the classification plus higher classes shall Branch and shall, if a layoff occurs, be laid off firstaccordingly.
c(b) In Employees who have completed their probationary period and who are laid off and subsequently recalled to work in their Branch within one (1) year of the event two (2) or more employees have layoff, shall be credited with previous service in that Branch for the same purpose of determining length of service in connection with vacations and other benefits based on length of service. Employees who have completed their probationary period and who have been laid off and subsequently recalled to work in a Branch, other than the order Branch from which the employee was laid off, within one (1) year of the layoff shall, upon completion of six (6) continuous months of service in the new Branch, be credited with the employee's previous service in the Branch from which the employee was laid off for the purpose of determining length of service in the new Branch. After one year in the new Branch the employee's seniority shall be determined by lot applicable only to the new Branch and shall have no application in presence the employee's former Branch.
(c) Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and Employer the Employer shall give to the employees concerned who have completed the probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end period not less than ten (10) days' prior written notice of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year under this Clause. Such notices shall be given written notice on in writing either by delivering or before April 29 informing them of their layoff effective at mailing the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior same to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject employee for whom it is intended. If an employee to layoff for lack of work, affected employees shall be given whom notice of layoff is given under this Clause 14.1(c) has not less than sixty been given the opportunity to work for at least ten (6010) days prior of the period of such notice the employee shall be paid for those days for which work was not made available. The Employer shall be required to the effective date give notice of layoff under this Clause 14.1(c) only to those Regular Full-Time, Regular Part-Time, Temporary Full-Time and informed of other displacement rights, if any Auxiliary Employees who have acquired seniority rights in either a regular seniority pool or an auxiliary seniority pool and recall rightshave completed the probationary period as aforesaid.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons The parties agree that seniority within the collective bargaining unit shall be the basis for reductions in staff. If a reduction of the office and clerical staff is necessary due to economic or other reasons and one or more employees are to be laid off, the employee(s) so affected may first accept any open permanent position(s) within one (1) calendar week of the date of notification by the District. If no such position is available or accepted, the affected employee may accept the layoff or elect to replace:
(1) the employee with the least seniority in the same classification provided the employee is qualified to satisfactorily perform the duties of such position, or (2) in the event the duties of the employee with least seniority are greatly dissimilar to those of the affected employee, the affected employee may replace the next least senior employee in the same classification provided the employee is qualified to satisfactorily perform the duties of such position. For purposes of this paragraph, the School District shall determine whether or not positions are greatly dissimilar and any grievance related to this question may be processed by an employee only through the School Board review as provided in Section 6 of this Article. On this issue the decision of the School Board shall be final and binding and such decision may not be appealed to the arbitrator.
Subd. 1. In the event of a demotion as a result of bumping or other circumstances, an employee so demoted shall be compensated on the same step on the salary schedule as occupied prior to the demotion in the new classification.
Subd. 2. Notice of such layoffs shall be given at least two (2) weeks before the scheduled layoff, except twenty-four (24) hours in cases of emergency, including labor disputes, or at the sole discretion of the District shall receive ten (10) days’ pay in lieu thereof.
Subd. 3. Employees shall be recalled in order of seniority for a position within the same classification held prior to layoff or a lower classification for which qualified. If a position becomes available for a qualified employee on layoff, the School District shall mail by certified mail the notice to such employee who shall have seven (7) calendar days from the date of mailing of such notice to accept the reemployment. If written acceptance is not received by the district within such seven (7) calendar day period, it shall constitute a waiver on the part of such employee to any further rights of employment or reinstatement and (the employee) shall forfeit any future reinstatement or employment rights. The employee must accept the first offer of rehiring at same classification from which the employee was laid off because or the employee shall be removed from the recall list. The employee may refuse an offer for a lower classification position without losing recall rights to a position at the same classification from which the employee was laid off. However, once an employee is offered a lower classification position and refuses such offer, only higher classification positions need be offered.
Subd. 4. An employee recalled and reinstated shall receive the rate of lack pay corresponding to the step the employee was receiving at the time of work or lack layoff and in the classification of funds are eligible the new position to which recalled.
Subd. 5. All employees on the layoff list should be considered for all openings for which qualified prior to hiring a person not employed by the School District.
Subd. 6. An employee on layoff shall retain his/her seniority and right to recall from layoff within classification in seniority order for a period of thirty nine one (391) months and shall be recalled in accordance with year after the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons 16.01 Employees shall be laid off in each job classification in reverse of seniority and recalled in order of seniority.
16.02 Laid off employees who wish to be notified of job vacancies, other than those to which they have recall rights, may signify their desire in writing prior to lay-off and shall be entitled to apply for such jobs in compliance with 14.05(e).
16.03 The Employer shall give employees who are to be laid off as much advance notice as is possible and in no case shall notice or pay in lieu of notice be less than the amounts provided under the Employment Standards Act.
16.04 As a result of a layoff, no employees will have their regular work hours increased.
16.05 As a result of attrition, no employee shall have their regular work hours increased unless approved by the employee and the Union.
16.06 No new employee shall be hired until all laid off employees in that job classification have been given the opportunity to return to work in compliance with 14.05 (e).
16.07 In the event of layoff, the Employer shall lay off employees within their classification starting with the least senior.
i) accept the layoff; or
ii) displace an employee who has lesser seniority, and is of the same status (full or part-time), if the employee originally subject to the layoff is qualified for and can perform the duties without training other than orientation. Such employee so displaced shall be laid off and may bump an employee who is of the same status (full or part-time), and who is a less senior employee, if the employee originally subject to layoff is qualified for and can perform the duties without training other than orientation. Such employee so displaced shall be laid off.
iii) where a full-time employee cannot bump another full-time employee in accordance with the above, she can displace a part-time employee who is less senior provided she is qualified for and can perform the duties without training other than orientation. Such part-time employee so displaced shall be laid off and shall be entitled to the rights as set out in (ii) above. A part-time employee who cannot bump another part-time employee shall likewise have the right to displace a less senior full-time employee provided she is qualified for and can perform the duties without training other than orientation. Such full-time employee so displaced shall be laid off and shall be entitled to the rights set out in (ii) above. The decision of the employee to choose (i), (ii), or (iii) shall be given in writing to the Manager within seven (7) calendar days following the notification of layoff. An employee failing to do so, will be deemed to have accepted the layoff. Any other employee subsequently bumped must exercise their bumping rights within three (3) days of their being bumped.
iv) orientation is defined as an opportunity for the Employer to advise the bumping employee of any particular requirements, procedures, or aspects of the job and for bumping employees to become familiar with the job processes and requirements. It is not a training period. An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided she has the qualifications and ability to perform the work without training other than orientation. The positions shall be posted first. Applicants currently working, as well as those on layoff, will be considered in accordance with the job posting procedure in Article 15. A laid off employee shall retain the rights of recall for a period of thirty (30) months from the date of layoff. In determining the ability of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. In the event of a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of lack the day on which the layoff commenced. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the Employer of her intention to return to work or lack within five (5) working days (exclusive of funds Saturdays, Sundays, and paid holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within seven (7) working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report to work. The employee is solely responsible for her proper address being on record with the Employer. Employees recalled to temporary positions as a result of being the successful applicant are eligible entitled to refuse such an offer without losing their recall rights. Employees recalled to permanent positions as a result of being the successful applicant will be advised that the recall satisfies the requirements for recall in the Collective Agreement and that they will not be entitled to further recall. When a laid off employee bids for and is successful in obtaining a posted permanent position, she shall have no further recall rights. Employees on layoff are responsible for maintaining the necessary qualification for performing the work from which they are laid off. If the Employer lays off employees from a particular Program, the employees will be considered qualified for the purposes of recall in that Program during their entire recall period, unless prohibited by law. Persons on layoff shall be deemed to have applied for all such jobs while they retain recall rights. Notice of Layoff In the event of a proposed layoff of a permanent or long-term nature, the Employer shall provide to the affected employees, written notice of layoff, or pay in lieu thereof in accordance with the Employment Standards Act. A layoff of a long-term nature is defined as a layoff for a period of thirty nine more than twelve (3912) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3weeks.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons The Employer shall give each Part Time Permanent and Full Time Permanent Employee in the Bargaining Unit two (2) weeks' notice, in writing, of layoff, or two (2) weeks' pay in lieu of notice. The Employer will provide two (2) weeks' written notice to Probationary or Relief Employees. payment in lieu of notice is an option. In the event of a staff reduction, or a reduction of hours of an Employee in any classification, Employees shall be declared surplus in reverse order of their seniority within their classification as specified by the Seniority List. Notice that an Employee is surplus shall be handed to the Employee and a signed acknowledgment requested, if the Employee is at work. In the event that the Employee is not at work, the notice shall be sent by Registered Mail to the last address on record with the Employer. The Employee who has been declared surplus shall have the right to bump anyone with seniority in any classification, excluding the Referral Clerk, providing the skill and ability and special qualifications as designated by the employer have been met. An Employee declared surplus must exercise bumping rights within five (5) business working days from receipt of notice. The precipitating events that invoke bumping rights are deemed to be surplus positions caused by layoff. An Employee who has been displaced by another employee exercising their bumping rights shall in turn have the right to bump any one, excluding the Referral Clerk, with less seniority within five (5) calendar days from receipt of notice. Employees who have been laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of seniority (most senior first) through the affected employeesJob Posting Procedure, a union representative providing the skill and a District representative.
17.2.4 The names of permanent ability and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When special qualifications as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to designated by the District and the AssociationEmployer have been met.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds (a) If a location reduces hours in a classification mid-year and where all other factors are eligible for recall from layoff for a period of thirty nine (39) months and shall considered by the Employer to be recalled in accordance relatively equal, the employee with the provisions specified least seniority at that location by classification will be the one reduced. When an employee’s regular hours are reduced by an equivalent of five (5) hours per week or more or a reduction of regular hours results in Article 15a loss of benefit eligibility, Section 15.3.2 it is considered a layoff and 15.3.3the employee is subject to the terms of articles 10 and 11.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than (b) When considering placement for the next school year, employees will be reclassified or reassignedplaced by classification within a region. Where all other factors are considered by the Employer to be relatively equal, seniority by region by classification shall govern. Those employees for whom no placement is available, will be granted the same rights as persons considered laid off and are subject to the terms of articles 10 and 11.
(c) When an employee is offered a position and declines, it will be considered a voluntary layoff and the employee is subject to the terms of articles 10 and 11.
11.2. For the purposes of Articles 11 regions shall retain eligibility be defined as follows:
11.3. New employees shall not be hired within a classification while there are employees on layoff from that classification who are, in the opinion of the Employer, willing, qualified and able to perform the work.
11.4. Employees on the layoff list who wish to be considered for recall for a period an advertised position must submit their application as directed in the advertisement. The onus is on the employee to keep themselves aware of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still applyjob postings set out in accordance with Article 14.1.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The 11.5. An employee with the shortest length of service in the classification plus higher classes shall be who has been laid off first.
cand has not been re-hired within eighteen (18) In months or who has chosen voluntary layoff and has not been rehired within eight (8) months from the event two (2) or more employees have the same length of service, the order employee's date of layoff shall be determined by lot in presence deemed to have terminated employment and forfeited all rights to this Collective Agreement.
11.6. The Employer shall communicate to the President of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were Local Association when an employee is laid off. Names shall be listed on The employer will provide the Recall List by seniority.
17.2.5 When as a result President of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior Local Association access to the effective date of their layofflayoff list.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff DURING THE FIRST YEAR WITHIN SIX (6) MONTHS OF RATIFICATION OF THIS AGREEMENT, THE PARTIES AGREE TO CONVENE A COMMITTEE TO REVIEW CURRENT LAYOFF PROCEDURES/ LANGUAGE AND POTENTIAL ALTERNATIVE PROCEDURES/LANGUAGE. ANY RECOMMENDATIONS FROM THE COMMITTEE SHALL BE REFERRED TO THE BARGAINING TEAMS FOR BARGAINING.
a. If the District determines the need for a period reduction in its workforce, notice of thirty nine (39) months and at least two weeks 90 days shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than provided to employees to be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes Chapter President. No regular employees shall be laid off firstwithin a job classification as hereafter set out until all probationary employees, temporary employees, or retiree/rehires in such classification have been terminated. Employees within a job classification as hereafter set out shall be laid off in the inverse order in which they were hired with the District.
cb. An employee who has total length of continuous service with the District which is greater than that of employees (a) In in lower job classification within the event two categories as hereinafter set out or then (2b) or more employees have in a job classification in which he/she has had prior work experience with the District, and for which he/she is qualified at the time of layoff, shall bump any such other employee provided employee performance in the prior position was satisfactory up to and including the time of transfer. A bumped employee shall in turn bump an employee with less seniority in the same length classification and if there is no less senior employee, such bumped employee shall bump out of service, classification on the order same terms as described in the foregoing sentence. An employee who bumps out of layoff classification shall be determined by lot in presence of compensated at the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List range for the classification from into which he/she has bumped at the same step occupied prior to bumping placed at the step closest to their current hourly wage prior to bumping, or at the highest step he/she had previously worked at within the classification into which he/she bumped, whichever is greater.
c. Laid off employees who have recall status and who are successful applicants as new hires for positions not previously held by them will receive credit for vacation accrued prior to layoff as provided in Article 7.4.1 and immediate eligibility for insurance coverage as provided in Article 5.
d. When forces again increase, the employees within job classification categories shall be returned in the inverse order in which they were laid off. Names In such cases, seniority shall be listed on used to determine the Recall List by seniority.
17.2.5 When as a result order of layoff and return to work consistent with the expiration of a specially funded program, classified positions must be eliminated at employee’s qualification and ability to perform the end of any school year, and classified job to which his/her seniority entitled him/her. No new employees will be subject hired into classifications from which employees are laid off and remain qualified to layoff for the lack perform. Notice of fundsrecall shall be sent to eligible employees via certified return receipt mail. Failure to timely respond to recall, the employees to be laid off at the end maximum being two weeks from date of such school year receipt of notification, shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. considered as immediate voluntary termination.
e. However, if recall is to a position the termination classification or number of hours of which is at a lower level than the employee formerly occupied, the employee may choose not to return until a position becomes open which is comparable to his/her former position, without loss of placement on the layoff list. Layoff status will automatically terminate twenty four (24) months from the date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination f. For purposes of the foregoing paragraph, seniority shall mean the classified employee’s total length of continuous service being performed by any department, classified employees with the District.
g. Layoff rankings and priorities will not be applicable where the District must comply with state and federal mandates such as PL 101 476 Individuals with Disabilities under the Education Act.
h. Any employee laid off under the previous collective bargaining agreement shall be subject entitled to layoff for lack of work, affected employees recall under the terms set forth in paragraphs d. and e. above and additionally shall be given notice entitled to recall in any classifications to which she/he he/she could have bumped had the foregoing provisions been in effect at the time he/she was laid off.
i. Job categories for the purposes of this layoff not less article are as follows: Category 1 Administrative Assistant-Education* Office Manager Office Assistant Secretary Category 3 Accounting Payroll Specialist* Accounting Clerk Category 4 Multlith Operator II Site Multlith Operator I Category 5 Technical Support Specialist Category 6 Senior Programmer Analyst* Computer Programmer III Computer Programmer II Category 7 Network Administrator Electronic Technician II Electronic Technician Computer Technician I Category 8 Campus Monitor III Campus Monitor I Category 9 Child Development Program Assistant Center Leader Child Development Center Assistant Child Development Center Monitor Category 10 Educational Assistant – ELL/Special Education, ELL Success Specialist Educational Assistant Educational Support Staff Category 11 Educational Assistant - Computer Lab Category 12 Media Center Technician Media Center Assistant High School Media Center Assistant Middle School Category 13 Title Support Staff Early Reading Interventionist Classroom Literacy Assistant Category 14 Positive Attendance Support Specialist Category 15 Speech Language Pathology Assistant Category 16 Head Custodian II** Head Custodian I** Custodian II Custodian I Category 17 Groundskeeper Category 18 Maintenance Specialist – Welding Category 19 Maintenance Specialist - Painting Carpentry/Cabinetry Maintenance Specialist – Locksmithing/Carpentry Maintenance Specialist – Carpentry/Cabinetry Painting Category 20 Maintenance Specialist – Electrical II Maintenance Specialist – Electrical I Maintenance Specialist – Heating/Air Conditioning Maintenance Specialist – Plumbing Category 21 Warehouse Worker II Category 22 Theatre Technician Category 23 Resource Conservation Specialist Category 24 Translator/Interpreter Category 25 Purchasing Coordinator *These positions shall be transferred to the classified bargaining unit no later than sixty (60) days July 1, 2017, unless vacated or incumbents voluntarily wish to transfer to the classified bargaining unit prior to that date. **These positions have been proposed to the effective date of layoff and informed of other displacement rights, if any and recall rightsClassification Review Committee as new classifications. A final disposition on the proposal has not yet been reached.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons A. Any employee to be laid off because shall be notified in writing with as much advance notice as possible. The District will strive to do this in sixty (60) calendar days, but not less than forty-five (45) calendar days. This clause does not apply to 1:1 and overload positions.
B. When faced with a necessary reduction of lack staff, the Board shall handle such, to the degree possible, by not filling vacancies. An employee unassigned due to the elimination of work a position may temporarily fill an open position. The unassigned employee shall retain his current wage or lack wage of funds the open position, whichever is higher, until the unassigned employee is permanently assigned.
C. All part-time Adult Education School Paraprofessionals shall be listed on a separate seniority list by date of hire. If a part-time Adult Education School Paraprofessional is hired into the other clerical seniority group, he may not use seniority from their list for the purpose of bidding or job preference but shall be considered if his qualifications meet the standards for the position.
D. In the event necessary reduction of staff requires the layoff of employees, the following procedures will be followed:
1. Identify positions to be eliminated.
2. Provide layoff notification to the least senior employees equal in FTE number to the FTE number of positions eliminated.
3. For each position that has been eliminated, all positions of equal or lesser level occupied by employees less senior than the employee whose job has been eliminated will be identified and declared vacant. Such employees would be considered unassigned and their positions made available through an open posting and bidding process.
4. Unassigned employees shall not forfeit benefits during periods of unassignment and shall have the right to bid positions subject to the seniority provisions of this agreement. Unassigned employees are eligible employees who are not assigned to a position for recall reasons other than layoff.
5. Employees occupying positions declared vacant shall continue to occupy those positions until the open posting and bid process is completed.
6. In the event that a temporary (overload, 1:1) position is eliminated during the course of the school year, this language does not apply.
E. Employees will be called back from layoff status in order of greatest years of service to the District provided that an employee may be passed over for call- back if he does not meet the qualifications of the vacant position for which the call-back is being made. When an employee on layoff is offered an open position, which carries the same classification or a higher classification as the position held when the employee was laid off and the employee refuses said position, it will be considered a voluntary resignation.
F. Any demotion directly or indirectly resulting from implementation of the procedures of this ARTICLE shall provide that the employee remains at the hourly level of pay received for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility not to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event exceed two (2) years or more employees have until hourly rate of position assumed equals or exceeds previous level of hourly pay, whichever comes first.
G. In applying the same length of servicewage protection provision in this ARTICLE, the order total wages paid in conjunction with the unemployment compensation benefits are not to exceed the total wage protection requirements. In the event that earnings exceed the maximum protection amount, the District is entitled to the recovery of the excess money from the appropriate individual employee.
H. All fringe benefits accumulated by an employee prior to his layoff shall be determined by lot in presence held frozen pending his return. Earned vacation will be paid, upon request, to the employee at the time of layoff. Should a member’s position be outsourced, the affected employees, a union representative and a District representativemember laid off due to this outsourcing may request payment of unused sick time at the contractual retirement calculations.
17.2.4 The names I. An employee on layoff status may continue group insurance coverage (except for disability income) at his expense, except that the Board will continue to pay premiums for employees on layoff status resulting from strikes by other bargaining groups. In the event of permanent and probationary employees laid off shall layoff where an employee will not be placed upon the Recall from Layoff List recalled for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school greater than one year, health and classified employees dental benefits then provided to the employee will be subject to layoff continued for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to beyond the effective date month of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to J. Employees on layoff for lack of work, affected employees status shall be given preference for on-call employment in order of greatest seniority and shall be paid at their regular rate for one (1) year when performing on-call assignments.
K. Employees on layoff status may bid on positions subject to the seniority provision of this Agreement.
L. If application of the above layoff provisions results in assignment of an employee to a different position and such different position is one he does not wish to fill, such employee may, if the Board consents, elect to take a voluntary layoff. Any such voluntary layoff shall be governed by the following:
1. The employee must request such voluntary layoff, in writing, within twenty-one (21) calendar days after being notified of the change (or prospective change) in his assignment. Such written request must acknowledge that the employee understands and agrees to all of the provisions in Section 1.
2. The voluntary layoff will continue until such time as the employee’s original position (i.e., a position substantially the same as the position occupied at the time of election to take voluntary layoff) becomes again available on the basis of the employee’s years of service and ability to meet qualifications. In such event, the employee will be given written notice of recall. If he does not report for duty within fifteen (15) calendar days after mailing of the recall notice to his address as shown on Board records, he will be conclusively presumed to have resigned and all of his seniority or other rights will terminate. (It shall be the employee’s responsibility to keep the Board notified, in writing, of any change in his address.)
3. When an employee on voluntary layoff not less is offered an open position that carries a lower classification than sixty (60) days prior to the effective date of position he held when the voluntary layoff and informed of other displacement rightstook effect, if any and recall rightsthe employee may decline same.
17.2.7 Not precluding 4. When an employee on voluntary layoff is offered an open position that carries the sixty (60) day notice required by 17.2.5 same classification as the position held when he elected voluntary layoff or carries a higher classification and 17.2.6 abovehe refuses, the District it will make be considered a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Associationvoluntary resignation.
17.2.8 Nothing herein provided shall preclude 5. Voluntary layoffs become effective when there is job elimination.
6. Employees on leaves of absence are not eligible to request a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6voluntary layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because 28:01 Where by reason of lack a shortage of work or lack funds, or the abolition of funds a position or material changes in duties or organization, the Authority determines that layoff(s) is necessary, the Authority shall determine the classification(s) from which the layoff(s) are eligible for recall to take place.
28:02 Subject to this Article, the Authority shall determine the group of employees concerned within each classification from which employees are to be laid off.
28:03 Except where specifically provided, this Article does not apply to the layoff for of:
(a) term employees at the end of a period specific term of thirty nine employment
(39b) months and shall term employees with less than two (2) years of seniority.
28:04 Where the Authority is laying off an employee, notice of layoff or pay in lieu thereof will be recalled given in accordance with the provisions specified in Article 15following:
(a) Where a term employee is being laid off at the end of a specific term of employment or after completion of a job for which she was specifically employed, Section 15.3.2 and 15.3.3no notice of layoff is required.
17.2.2 Employees who take voluntary demotions (b) Four weeks’ notice will be provided to:
(i) regular employees
(ii) term employees with one (1) or voluntary reductions in assigned time in lieu more years of seniority.
(c) Two weeks’ notice will be provided to term employees with less than one (1) year of seniority.
28:05 The Union will be provided a copy of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as followsnotices issued to:
(a) By seniority in classification.
regular employees (b) The employee term employees with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have years seniority
28:06 Where the same length layoff of servicea regular employee(s) is necessary, the order of layoff Authority shall be determined by lot in presence of provide the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given Union with written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty forty (6040) days prior to the effective date of their layofflayoff(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected.
17.2.6 When 28:07 For the purposes of this Article, “regular employee(s)” refers to full-time and part-time employee(s) and “term employees(s)” refers to full-time and part-time employee(s).
28:08 Term employees with less than two (2) years of seniority shall be considered for layoff prior to the layoff of other term or regular employees.
28:09 An employee who is to be laid off and who elects to exercise the employee’s displacement option may displace the most junior employee in the employee’s current class subject to the following:
(a) The employee must have the qualifications and ability to perform the duties which the remaining employees will be required to perform.
(b) If the employee cannot displace the most junior employee under Subsection (a), the employee may then elect to displace the next most junior employee in the class.
(c) The process will continue in this manner until the employee is able to displace an employee in the class or there are no displacement opportunities.
(d) The employee who is displaced and is to be laid off and who elects to exercise the employee’s displacement option may displace the most junior employee in the employee’s current class in accordance with the process in this Section.
28:10 An employee who is to be laid off and who has no displacement option within the employee’s class as a result of a bona fide reduction Section :09 may elect to displace the most junior employee in another class which has the same or elimination lower maximum rate of pay, provided the qualifications and ability of the service being performed by any departmentemployees are relatively equal. For this purpose, classified employees shall the rate of pay will be subject to layoff for lack based on the bi-weekly rate of workpay in the pay plan. The displacement process in that class will follow the provisions of Section :09.
28:11 Notwithstanding the process required in Section :09, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of the layoff and informed of other displacement rights, if any and recall rightswill not change from that provided to the initial laid off employee.
17.2.7 Not precluding 28:12 An employee who is entitled to displace another employee in accordance with the sixty (60) day notice required by 17.2.5 provision of this Article may have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which the employee acquires the necessary qualifications and 17.2.6 aboveability to enable the employee to displace another employee.
28:13 Where employees have been laid off, the District will make Authority shall not use casual employees to do the work of the laid off employees except:
(a) where the laid off employees are not available for work or
(b) in emergency situations.
28:14 Where an employee, including a good faith effort term employee, alleges that his or her layoff has not been in accordance with this Agreement, the Grievance Procedure set forth in this Agreement shall apply except that the grievance shall be initiated at the second step of the procedure.
28:15 For purposes of this Article, “qualifications” refers to notify the CSEA Executive Board of pending layoffs as soon as is practicably possibleeducation, knowledge, training, skills, experience, aptitude, and competence. This information “Ability” refers to mental, and physical capability. The employer in making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall remain confidential until its release is mutually agreed to by the District determine qualifications, and the Associationability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable, and non-discriminatory manner.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 Persons A. An employee may be laid off because of by the Employer in the ▇▇▇▇▇▇ herein provided when there is a lack of work ▇▇▇▇ or lack funds, which r~uires a reduction in personnel. Under this contract there wilL be no minimua number of funds are eligible for recall from bar9aininq unit employees that the City must retain at work, except that those cLerical e.pLoyees remaining on the job as of July 1, 1991 shalL not be subject to layoff for a period during the term of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3this contract.
17.2.2 Employees who take voluntary demotions B. No reqular employee shalL be laid off while there are limited tera, part-time, probationary or voluntary reductions provisionaL eep.loyees serving positions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons classification, nor shalL any probationary employee be laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that while there are li.ited ter., part-time or provi- sional employees serving in positions in the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with C. When the shortest length of service in need arises for layinq off recJular e.- ployees, the classification plus higher classes individual ~loyees shall be laid off firstin the in- verse order of their seniority, as already defined.
cD. When the need ar ises for Lay i1\9 off of an emp loyee serving a pro.otional probationary period, such employee shall be returned to a position in the classification fro. -nich he was pro_oted and layoff shall be made fro. said classification in the aanner herein provided.
E. Should the City determine to layoff an employee fro. a job classification, it shall Layoff the employee in the job classification with the least amount of City-.ide senior- ity. This eeployee shall have the right to bump into a job classification of ~uivaLent or Lower compensation level, pro- vided: (1) In The bu.pinq employee has more City-wide seniority than the event two bumped employee, (2) or more employees have the same length bumping employee is capable of service, performing the order of layoff shall be determined by lot in presence of the affected employees, bWBPed eepLoyeets job with a union representative and a District representativeminieue four (4) week trial period.
17.2.4 F. The names of permanent and probationary employees laid off Employer shall be placed upon furnish the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.Local Union
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because 37.1 For the purpose of lack of work this Article, a layoff is a reduction in bargaining unit personnel made necessary when it is determined by the College that a position is no longer needed or lack of funds when a bargaining unit member is to be reduced by an amount that reduces his/her benefit levels as set forth by this agreement. Only employees who have successfully completed their initial probation are eligible for recall from the bumping and interview rights contained in this article.
37.2 When the College determines that a layoff for a period of thirty nine (39is necessary, the affected employee(s) months and shall be recalled notified in accordance with writing at least thirty (30) calendar days prior to the provisions specified in Article 15, Section 15.3.2 and 15.3.3effective date of layoff.
17.2.2 Employees who take voluntary demotions or voluntary reductions 37.3 Prior to laying off a bargaining-unit employee, the College shall first consider the extent to which it could:
A. Lay off part-time hourly employees within the department impacted by the layoff
B. Place employees into a vacant position in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassignedthe employee’s same job family and band/grade if the employee can demonstrate they possess the qualifications, shall be granted skills, and abilities to perform the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still applywork.
17.2.3 37.4 Layoff shall be handled made in the following order to the extent feasible.
A. Limited term employees;
B. Bargaining unit employees who have not completed their initial probationary period, as followsdefined in Article 16;
C. Bargaining unit employees.
37.5 When the college eliminates a position that is held by a bargaining unit employee, the rights of the employee in the position are limited to the funding source, job family, band/grade, and FTE grouping at the time of layoff (See 37.7). The college shall lay off the least senior employee within the funding source, job family, band/grade, and FTE grouping subject to Article 37.6. The more senior employee(s) may bump less senior employees subject to Article 37.6.
37.6 Any employee who is retained as a result of the layoff or bumping process must demonstrate that he/she has the qualifications, skills, and abilities to perform the tasks and responsibilities specific to the job of the laid-off employee. Skill testing may be used if normally required as part of the recruitment process.
37.7 For the purposes of Article 37 and 38, the following applies:
aA. Seniority. Seniority will be calculated based on an employee’s total years of continuous employment at the College in a Classified position. Seniority shall be computed on a pro-rata basis and stated in terms of one hundred percent (100%), full-time, twelve (12) By seniority in classification.
b) The employee with the shortest length of month service in a Classified position from the classification plus higher classes shall be laid off first.
c) most recent date of college employment. In the event that two (2) or more employees have identical seniority, lots will be drawn to determine who will be laid off.
B. Funding source. Positions funded by the same length of serviceGeneral Fund, Universal Fee, Intra-College funds (funds 28XXXX) and the order of layoff Admin Fee funds (funds 250240, 250255 and 250256) shall be determined considered same sources for layoff and bumping purposes. Non-General Fund positions are limited to the funding source in which they work for bumping purposes and are subject to grant restrictions, if any. In cases where funding is split between/among funding sources the following applies:
1. Positions funded 50% or more by lot in presence of the affected employees, a union representative and a District representativegeneral fund sources will be designated as General Fund positions.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off2. Names shall be listed on the Recall List Positions funded 50% or more by seniorityfunds other than those designated as general fund sources have bumping rights within that funding source.
17.2.5 When as a result of 3. Positions with funding less than 50% in one funding source have no bumping rights within that funding source, but will have the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any interview and recall rightsrights described in Articles 37 and 38. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District Human Resources will make a good faith effort to notify the CSEA Executive Board employee of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by changes in his/her funding source within 30 days of receiving the District and the Associationnotification of change.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because 37.1 For the purpose of lack of work this Article, a layoff is a reduction in bargaining unit personnel made necessary when it is determined by the College that a position is no longer needed or lack of funds when a bargaining unit member is to be reduced by an amount that reduces their benefit levels as set forth by this agreement. Only employees who have successfully completed their initial probation are eligible for recall from the bumping and interview rights contained in this article.
37.2 When the College determines that a layoff for a period of thirty nine (39is necessary, the affected employee(s) months and shall be recalled notified in accordance with writing at least thirty (30) calendar days prior to the provisions specified in Article 15, Section 15.3.2 and 15.3.3effective date of layoff.
17.2.2 Employees who take voluntary demotions or voluntary reductions 37.3 Prior to laying off a bargaining-unit employee, the College shall first consider the extent to which it could:
A. Lay off part-time hourly employees within the department impacted by the layoff
B. Place employees into a vacant position in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassignedthe employee’s same job family and band/grade if the employee can demonstrate they possess the qualifications, shall be granted skills, and abilities to perform the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.work
17.2.3 37.4 Layoff shall be handled as followsmade in the following order to the extent feasible:
aA. Limited term employees
B. Bargaining unit employees who have not completed their initial probationary period, as defined in Article 16
C. Bargaining unit employees
37.5 When the College eliminates a position that is held by a bargaining unit employee, the rights of the employee in the position are limited to the funding source, job family, band/grade, and FTE grouping at the time of layoff (See 37.7). The College shall lay off the least senior employee within the funding source, job family, band/grade, and FTE grouping subject to Article 37.6. The more senior employee(s) By seniority in classificationmay bump less senior employees subject to Article 37.6.
b37.6 Any employee who is retained as a result of the layoff or bumping process must demonstrate that they have the qualifications, skills, and abilities to perform the tasks and responsibilities specific to the job of the laid-off employee. Skill testing may be used if normally required as part of the recruitment process.
37.7 For the purposes of Article 37 and 38, the following applies:
A. Seniority Seniority will be calculated based on an employee’s total years of continuous employment at the college in a Classified position. Seniority shall be computed on a pro-rata basis and stated in terms of one hundred percent (100%), full-time, twelve (12) The employee with the shortest length of month service in a Classified position from the classification plus higher classes shall be laid off first.
c) most recent date of college employment. In the event that two (2) or more employees have identical seniority, lots will be drawn to determine who will be laid off.
B. Funding Source Positions funded by the same length of serviceGeneral Fund, Universal Fee, Intra-College funds (funds 28XXXX) and the order of layoff Admin Fee funds (funds 250240, 250255 and 250256) shall be determined by lot considered same sources for layoff and bumping purposes. Non-General Fund positions are limited to the funding source in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid offwork for bumping purposes and are subject to grant restrictions, if any. Names shall be listed on In cases where funding is split between/among funding sources the Recall List following applies:
1. Positions funded 50% or more by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees general fund sources will be subject to layoff for designated as General Fund positions
2. Positions funded 50% or more by funds other than those designated as general fund sources have bumping rights within that funding source
3. Positions with funding less than 50% in one funding source have no bumping rights within that funding source, but will have the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any interview and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff rights described in Articles 37 and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District 38 Human Resources will make a good faith effort to notify the CSEA Executive Board employee of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by changes in their funding source within 30 days of receiving the District and the Associationnotification of change.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because If a reduction in force is necessary beyond normal attrition, the Superintendent will determine the number of lack positions that will be reduced, as well as the date such reductions are needed and will apprise the involved employees and the President of work or lack the Association of funds are eligible for recall from layoff for a period this information by August 15 of thirty nine (39) months and each year. This notification shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days sent prior to the effective date of their layoffsuch reductions.
17.2.6 When as a result of a bona fide reduction or elimination 8:5.1 For seniority, layoff, and recall purposes, the following classifications will be utilized: § Meadowood Instructional Paraprofessional § Instructional (Title I, Personal Support Paraprofessionals, Bilingual, and Nurses Aides, Special § Service Paraprofessionals § Bus Aides Each of the service being performed by classifications, except bus aides, will be divided into a full-time list and a part-time list. The procedure which follows will be applied separately within each classification and each classification will be treated as discrete and independent of each other.
8:5.2 Upon notification that his/her full-time position has been identified for elimination, an employee will be given the opportunity to fill any departmentopen position in the bargaining unit for which he/she is qualified. If an employee does not elect to fill an open position in the bargaining unit, classified employees the employee will remain on the recall list for their specific classification only.
8:5.3 Any employee who elects to fill an open position in the bargaining unit rather than elect to be laid off shall be subject to layoff placed in the position for lack an initial period of work, affected employees shall be given notice of layoff not less than sixty (60) days prior with an additional thirty (30) days upon written notification to the effective date employee containing reasons for extension. If during this period either the District or the employee determines that neither is satisfied with the placement based on reasonable criteria, the employee will leave the position and be placed on the recall list in accordance with Section 8:6 of layoff this Article. 8:5.4 Sections 8:5.2 and informed 8:5.3 do not pertain to the classification of other displacement rightsbus aides. Bus aides will be laid off according to the following:
(a) Upon notification that his/her position has been identified for elimination an employee will be given the opportunity to assert his/her seniority by being granted a transfer to an open position or select layoff; and
(b) In the event there are no vacant positions, an employee whose position has been identified for elimination may bump, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 abovehis/her seniority allows, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Associationleast senior employee or select layoff.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons 17.1 If the City should reduce its work force, layoffs shall be made within each job classification in the department on the basis of classification seniority.
17.2 The City agrees to notify the Association and the employees (simultaneously), not less than two (2) weeks prior to any layoff by forwarding the name and classifications of the employees to be laid off because of lack of work or lack of funds are eligible for recall from layoff off.
17.3 An employee who has been displaced to another job shall be given first consideration in filling a vacancy in his/her previous classification and department for a period of thirty nine (39) months and one year, provided that no senior employee in that classification is currently on layoff status.
17.4 Employees on layoff shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered eligible for recall for a period of sixty three fourteen (6314) months; provided months after the effective date of the layoff. Laid off employees will be called back to work based on descending order of classification seniority. No new bargaining unit employees will be hired in any classification until all laid off employees from that classification have been given an opportunity to return in accordance with this Agreement.
17.5 It shall be the same tests responsibility of fitness under the employees laid off to keep the City informed of the address at which they qualified for appointment may be reached and re-employment shall be offered in person or by registered mail addressed to the class still applylast address furnished by the employee. When an offer of re-employment has been made, the former employee shall advise the City of acceptance within one (1) calendar week, and shall report for duty within ten (10) days of the receipt of the notification by the City, unless prevented by just cause from reporting with in the time period. An employee who fails to accept re-employment when offered by the City in accordance with provisions of this Article shall be deemed to have forfeited all rights hereunder.
17.2.3 Layoff shall 17.6 Employees laid off shall, if re-employed within fourteen (14) months be handled as follows:
a) By seniority paid at the appropriate wage rate at the time of layoff in classificationthe classification at which re-employed.
b) The employee with 17.7 Employees accepting demotions for the shortest length purpose of maintaining continuation of employment shall receive corresponding wage rate for the period of service in the classification plus higher classes shall to which he or she may be laid off firsttransferred.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because of lack of In the event the Hospital must reduce the work or lack of funds are eligible for recall from layoff force for a period of thirty nine (39) months 14 continuous calendar days or more in a given unit, ONA can request a meeting with the leadership in the unit to review the reasons for the reduction in workforce and whether a layoff should be initiated. The meeting will be scheduled within five business days. Once the parties have met, if it is determined that a layoff is needed the Hospital shall institute a layoff that will be recalled in reverse order of seniority, provided the nurses remaining on the unit are qualified to perform the work to be done. If unable to agree in the meeting, ONA can demand a layoff be initiated. Nothing in this language prevents the Hospital from initiating a layoff. The Hospital will provide as much advance notice as reasonably possible, but in all cases, in accordance with Article 5.4 – Notice of Termination, in no case will this notice be less than 21 calendar days. A nurse selected for layoff will have the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service following steps in the classification plus higher classes following order. For purposes of this Article, similar category applies to “benefited” positions and “relief” positions. Benefited nurses can bump the least senior benefited nurse, and relief nurses can bump the least senior relief nurse in each step. If multiple positions are being eliminated, the most senior nurse shall be laid off exercise their choice among the available options first.
c) . In the event two (2) that the Hospital is eliminating an entire unit, job classification, or more employees have the same length of servicemajor portion thereof, or is combining or separating units, the order Association and Hospital will discuss additional options related to such reorganization. Provisions in Article 11.7 shall apply to the awarding of these positions.
1. A nurse notified of layoff shall be determined by lot in presence of entitled to fill any similar category posted position within the affected employeesDepartment, a union representative and a District representativeprovided he/she meets minimum qualifications for the position.
17.2.4 The names of permanent and probationary employees 2. If there is no posted position within the department, the nurse may bump the most junior nurse (similar category) within the Department provided he/she meets minimum qualifications for the position.
3. If there is not a similar category position posted in the Department from which the nurse is being laid off, the laid off nurse may request and shall be placed upon entitled to replace the Recall from Layoff List most junior similar category nurse in a bargaining unit position for which the classification from which they were laid offoff nurse is qualified to perform, following normal orientation. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of fundsTo exercise this right, the employees to be laid off at nurse must have greater seniority than the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layoffnurse being replaced.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons (a) A layoff shall be defined as any reduction of the work force or of hours affecting bargaining unit employees.
(b) In all cases of layoffs employee(s) will be laid off because in reverse order of lack of work or lack of funds seniority ranking (including employees who are eligible for recall from still serving their probationary period), provided that the Employer may retain sufficient employees who possess the necessary qualifications and/or ability, knowledge and skill to perform the jobs available. Employees shall follow the process outlined in Article 26.02 (e) and 26.02 (f).
(c) Employee(s) affected by any layoff for a period of thirty nine (39) months and shall be recalled provided with notice in accordance with the provisions specified in Article 15Employment Standards Act or one (1) month, Section 15.3.2 and 15.3.3whichever is greater.
17.2.2 (d) Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of on layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted entitled to continuing participation in the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; benefit plans in accordance with the Collective Agreement, provided that the same tests of fitness under which they qualified employee pays the full premium payment for appointment such coverage by pre- authorized debit and that the insurance policies permit such coverage to the class still applyemployees while on layoff.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c(e) In the event two that (2an) or more employees employee(s) is/are declared redundant, the employee(s), in order of seniority shall have the right to displace the most junior employee with an equivalent number of hours of work, subject to possessing the necessary qualifications and/or ability, knowledge and skill to perform the job. An employee displaced shall follow the same length procedure.
(f) If there is not a more junior full-time employee to displace a full-time employee shall have the right to displace the following employees, subject to possessing the necessary qualifications and/or ability, knowledge and skill to perform the job:
i) the two most junior part-time employees who have less seniority than the full-time employee; or
ii) the most junior part-time employee who has less seniority than the full-time employee, and be placed on recall for the other part of servicetheir position; or the full-time employee may elect to:
iii) change their status to become a part-time employee on a permanent basis; or
iv) be laid off. The Employer shall not be required to alter the assignments to accommodate this provision. In the event the assignments do not accommodate the employee, the order of layoff employee shall not be entitled to both assignments.
(g) An employee who does not obtain a position through this procedure shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off identified for layoff. Such employee shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result recall list in order of seniority with the expiration of a specially funded program, classified positions must be eliminated most senior at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the effective date of their layofftop.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement
Layoff. 17.2.1 A. Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two (2) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff will be affected by the following procedures:
1) Classified employees selected for the lack of funds, the employees to be laid off at the end of such school year shall be given layoff will receive written notice on or before April 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any and recall rights. However, if the termination date of any specially funded program is other than June least thirty (30, such notice shall be given not less than sixty (60) calendar days prior to the effective date of their the layoff.
17.2.6 When as a result of a bona fide reduction , or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information Employees in classifications identified for layoff shall remain confidential until its release is mutually agreed to by be laid off in reverse seniority beginning with the District and the Associationleast senior employee.
17.2.8 Nothing herein provided shall preclude a 2) Classified employees selected for layoff will have “bumping” rights based on seniority.
3) Classified employees selected for lack layoff will be considered for placement in any vacant position(s) within the employee’s job classification for which they are qualified in lieu of funds “bumping” other employees. If there are no such openings within that classification, then they will be considered for equal or lower paying positions within the employee’s job classification group for which they are eligible. Such placement results in the event employee having regular employment in the new job, with no recall rights to the former job. Instead of an actual accepting any such placement which is offered, the employee may elect to bump, as described in Article 6.2.B, or may elect to be placed on the recall list as described in Article 6.3.
B. Affected employees may elect to “bump”
1) The least senior employee in their classification group; however, “bumping” will be limited to positions requiring equal or fewer qualifications. Employees may not bump into a higher-level position, or greater hours, even though it may be part of the classification group. The order of the “bumping” option will be given to the most senior affected employee first. A refusal to elect the “bumping” option within five (5) District business days from the date of written notice will effectively waive the employee’s rights to “bump” and existing financial inability to pay salaries he/she will be placed on the layoff list; or
2) The least senior employee in a position outside their current classification group if the affected employee held that position for at least six (6) months during the last five (5) years of classified employeesemployment.
C. Employees affected by Articles 6.2.A or 6.2.B, nor layoff for lack of work resulting above, will enter the new position at the experience step level held in the position from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6which they were laid off.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff. 17.2.1 Persons laid off because of lack of work or lack of funds are eligible for recall from layoff for a period of thirty nine (39) months and shall be recalled in accordance with the provisions specified in Article 15, Section 15.3.2 and 15.3.3.
17.2.2 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for recall for a period of sixty three (63) months; provided that the same tests of fitness under which they qualified for appointment to the class still apply.
17.2.3 Layoff shall be handled as follows:
a) By seniority in classification.
b) The employee with the shortest length of service in the classification plus higher classes shall be laid off first.
c) In the event two of a permanent or indefinite lay-off the Employer agrees to lay off employees in reverse order of seniority within their classification and Program (2i.e. Bathurst/▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Outreach), provided that employees who remain are capable and qualified to do the work available. An employee who is subject to permanent or indefinite lay-off shall have the right to either:
i. accept the lay-off; or
ii. bump an employee with less bargaining unit seniority within their classification, Program (i.e. Bathurst/▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Outreach) and status; or
iii. failing the ability to bump in (ii) above, an employee may bump an employee with less bargaining unit seniority in their classification and status but in the other Program (i.e. Bathurst/▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Outreach); or
iv. failing the ability to bump in (iii) above, an Employee may bump an employee with less bargaining unit seniority in an identical or lower paying classification and same status for which they are qualified and can perform the duties of without prior training other than orientation; or
v. failing placement in (iv) above, the employee may bump an employee with less bargaining unit seniority either in their own classification or another classification but to a part-time status for which they are qualified and provided they can perform the duties without training other than orientation.
vi. It is expressly understood that no employee shall be entitled to bump another employee whose regularly scheduled hours of work exceeds their own by ten (10) percent or more regardless of seniority. It is expressly understood that any employee subsequently bumped shall be deemed to have received notice of lay-off as provided to the employee specifically identified for lay-off. The decision of the employee to choose (i), (ii), (iii), (iv) or more employees have the same length of service, the order of layoff shall be determined by lot in presence of the affected employees, a union representative and a District representative.
17.2.4 The names of permanent and probationary employees laid off shall be placed upon the Recall from Layoff List for the classification from which they were laid off. Names shall be listed on the Recall List by seniority.
17.2.5 When as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for the lack of funds, the employees to be laid off at the end of such school year (v) above shall be given written notice on in writing to the Human Resources Manager or before April 29 informing them her designate within three (3) calendar days (excluding Saturday, Sunday and Paid Holidays) following the notification of their layoff effective at the end of such school year and of their displacement rights, if any and recall rightspermanent or indefinite lay-off. However, if the termination date of any specially funded program is other than June 30, such notice Employees failing to do so shall be given not less than sixty (60) days prior deemed to have accepted the effective date of their layofflay-off.
17.2.6 When as a result of a bona fide reduction or elimination of the service being performed by any department, classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of layoff and informed of other displacement rights, if any and recall rights.
17.2.7 Not precluding the sixty (60) day notice required by 17.2.5 and 17.2.6 above, the District will make a good faith effort to notify the CSEA Executive Board of pending layoffs as soon as is practicably possible. This information shall remain confidential until its release is mutually agreed to by the District and the Association.
17.2.8 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Governing Board, without the notice required by Sections 17.2.5 and 17.2.6.
Appears in 1 contract
Sources: Collective Agreement