Common use of Layoffs Clause in Contracts

Layoffs. ‌ 1. When layoffs are necessary due to lack of work or lack of funds, the District shall give the affected employee notice of the planned layoff at least 60 days prior to the effective date. The notice shall be by personal delivery or certified mail and shall specify the reasons for layoff, identify the classification and the position(s) designated for elimination, and include information of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39. 2. An employee who has been given notice of layoff and displacement rights shall notify the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the District. 3. Any layoff shall be effected within a classification. The order of layoff shall be based on seniority within that classification throughout the District. The unit member with the least seniority within the classification shall be laid off first. 4. Seniority and length of service for all purposes related to bargaining unit members shall be determined by hire date in classification. 5. A unit member shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in the same classification. d. bump into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event of a tie in seniority, those on the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment shall be notified in writing by the District of an opening. Such notice shall be sent by certified mail to the last address given by the unit member to the District Human Resources Office, with a copy sent to L- 39, which shall acquit the District of its notification responsibility. A unit member thus notified shall inform the District Human Resources Office of his or her intent to accept or refuse reemployment within ten (10) working days following receipt of the reemployment offer. If the unit member accepts reemployment, the unit member must report to work within ten (10) working days following acceptance of the reemployment offer. 12. If a unit member receives an offer for a position with the same work year, number of hours per week, and classification held at the time of layoff, and turns down the offer, the unit member shall be removed from the reemployment list.

Layoffs. ‌ 1. When layoffs are necessary A. Whenever it becomes necessary, in the judgment of the District Commissioners due to lack of work or work, lack of funds, contracting out or termination of services or operations, or other legitimate economic reasons, or because the necessity for a position no longer exists, the District may abolish any position or employment except those under existing contracts with individuals or contracting firms and the employee holding such position or employment may be laid off without disciplinary action. This procedure shall not be used for disciplinary reasons. B. The Department Head (or Harbor Manager if the Department Head is laid off by the Commission) shall determine what individual(s) shall be laid off on the basis that the last member of the department hired, in the affected classification shall be the first laid off (example: a lead worker, with seniority could replace a less senior PMW II or I). However, if the least senior department member(s) is (are) in possession of a higher step rating and equal range compared to the Department member(s) that is (are) next most senior, the Department Head may lay off the next most senior Department member(s). C. The only exception to the above-described order of layoff regarding seniority, shall be where an employee within an affected classification has an identified exceptional skill, knowledge, or ability particular to the work being performed, and which more senior employees do not possess. The determination that such employee has such a particular skill, knowledge, or ability may be made only by the Harbor Manager. Any employee who would not have been laid off, but for such a determination by the Harbor Manager may appeal the validity of such determination beginning with Step Three of the established grievance procedure. D. An employee who is laid off shall have no right of appeal. E. The District shall give all employees affected by layoff at least twenty-one (21) calendar days written notice of any impending layoff, except in the event of an emergency situation when the District shall give the affected employee notice not less than ten (10) calendar days’ notice. The District shall send a copy of the planned layoff at least 60 days prior notice to the effective dateUnion representative within a reasonable time thereafter and if requested by the Union, District and Union will meet and confer on the effects of the District's decision of layoff regarding those employees affected in the layoff. The notice shall be by personal delivery or certified mail and shall specify include the reasons for layoff, identify the classification and the position(s) designated for elimination, and include information following: 1. The effective date of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39layoff. 2. An employee who has been given notice of layoff and displacement rights shall notify The reason for the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the Districtlayoff. 3. Any layoff shall be effected within a The job classification. The order of layoff shall be based on seniority within that classification throughout , if any, into which the District. The unit member with the least seniority within the classification shall be laid off firstemployee may retreat. 4. Seniority and length of service for all purposes related to bargaining unit members A statement that the employee being laid off shall be determined by hire date in classificationplaced on a re-employment list for one (1) year as described below. 5. A unit member The availability of Administrative staff to assist the employee in seeking other employment. F. Prior to implementing any layoff, the District shall make every attempt to transfer an affected employee to an appropriate budgeted vacancy in an equivalent job classification in the same department or other departments provided the affected employee possesses the skills necessary to perform the new job. G. The individual(s) laid off shall be placed upon re-employment lists for one (1) year for the purpose of refilling the laid-off position. Individuals, who are placed on re-employment within the prescribed period, shall be entitled to all benefits immediately upon re-employment. Benefits shall not be laid off if a short-term employee is retained retroactive to render a service that the classified employee is qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in the same classification. d. bump into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoffUpon re-employment, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months former employee's salary shall be restored all of established at the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event of a tie in seniority, those on the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment shall be notified in writing by the District of an opening. Such notice shall be sent by certified mail to the last address given by the unit member to the District Human Resources Office, with a copy sent to L- 39, which shall acquit the District of its notification responsibility. A unit member thus notified shall inform the District Human Resources Office of his or her intent to accept or refuse reemployment within ten (10) working days following receipt of the reemployment offer. If the unit member accepts reemployment, the unit member must report to work within ten (10) working days following acceptance of the reemployment offer. 12. If a unit member receives an offer for a position with the same work year, number of hours per week, and classification salary level held at the time of layoff, . If the salary level falls between two steps in the wage and turns down the offersalary chart then in use, the unit member former employee's new salary shall be removed from at the reemployment listimmediate higher step. The evaluation date for use in accordance with the salary step plan shall be the date on which re-employment begins. H. A re-employed employee shall accrue vacation and sick leave at the same rate and maximum limitation at which such accruals were made at the time of the layoff. I. It is the employee's responsibility to notify the District of any change in address, which may affect a recall notice. Employees must return to work within fifteen (15) working days after a recall notice is mailed by the District and must meet all health and knowledge requirements of the position then in effect.

Layoffs. ‌ 1. When layoffs are necessary due to lack Layoff shall be defined as any separation of work or lack of funds, the District shall give the affected employee notice a member of the planned layoff at least 60 days prior bargaining unit from employment for any reason other than a discharge for good and just cause, or the expiration of a limited position and/or appointment pursuant to the effective date. The notice shall be by personal delivery or certified mail and shall specify the reasons for layoff, identify the classification and the position(s) designated for elimination, and include information Section E.7 of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39this Article. 2. An employee who has been given notice of layoff and displacement rights shall notify the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the District. 3. Any layoff shall be effected within a classification. The order of layoff shall be based on seniority within that classification throughout the District. The unit member with the least seniority within the classification shall be laid off first. 4. Seniority and length of service for all purposes related to bargaining unit members shall be determined by hire date in classification. 5. A unit member shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in the same classification. d. bump into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event of layoff in a tie in seniorityclass of position within an affected department, those on subdivision or division, employee(s) and the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment Union President shall be notified in writing by the District of an openinglayoff. Such notice Employees shall be sent by certified mail laid off in the following order based upon primary seniority, regardless of full or part-time status: 1. Those with temporary status 2. Those with provisional status 3. Those with probationary status 4. Those with permanent status 5. Those with statutory status Four (4) weeks notice of layoffs shall be given to the last address given by employees so affected and the unit member to the District Human Resources Office, with a copy sent to L- 39, which shall acquit the District of its notification responsibility. A unit member thus Union President a. An employee so notified shall inform have the District Human Resources Office right to displace the most junior employee in the bargaining unit in the same class of position, based upon greater primary seniority. b. Provided further that any employee in 1, 2, 3, 4, or 5 above who had been previously permanent in a next lower class of position shall have the right to displace the most junior employee in the bargaining unit in such next lower class of position based upon greater secondary seniority. c. Employees may exercise her/his or her intent to accept or refuse reemployment secondary seniority within ten (10) working days following receipt the bargaining unit in a class of the reemployment offer. position in which they held permanent status, and in which said employee has greater secondary seniority. d. If the employee is unable to exercise her/his primary or secondary seniority advantageously, they may exercise her/his State seniority for any same or lower class of position in the bargaining unit member accepts reemploymentfor which they are eligible, that is, for which a list exists; or in which they can perform if no list exists for the position. The employee shall have the right to displace the most junior employee in the bargaining unit in said class of position based upon greater State seniority. e. In the application of c and d above, the unit member must report State will attempt to work within ten (10) working days following acceptance of waive or modify any law or regulation which would in any way deny preferred treatment for the reemployment offeremployee to qualify for the positions which they can perform. 12f. Part-time employees may only exert seniority rights over other part-time employees. If a unit member receives an offer for a position with the same work yearHowever, any part-time employee who exercises said seniority rights shall not have her/his number of hours per week, and/or benefits changed as a result. g. Full-time employees may only exert seniority rights over other full-time employees. 3. a. Prior to any bumping process pursuant to Sections 1 and classification held at the time of layoff, and turns down the offer2 above, the unit member State will place an affected employee in an available existing vacant comparable position within the bargaining unit. Comparable shall be removed from defined as: 1. within the reemployment list.same classification 2. having the same hours (full-time to full-time; part-time to part-time

Layoffs. ‌ 1. When layoffs are necessary due to lack Layoff shall be defined as any separation of work or lack of funds, the District shall give the affected employee notice a member of the planned layoff at least 60 days prior bargaining unit from employment for any reason other than a discharge for good and just cause, or the expiration of a limited position and/or appointment pursuant to the effective date. The notice shall be by personal delivery or certified mail and shall specify the reasons for layoff, identify the classification and the position(s) designated for elimination, and include information Section E.7 of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39this Article. 2. An employee who has been given notice of layoff and displacement rights shall notify the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the District. 3. Any layoff shall be effected within a classification. The order of layoff shall be based on seniority within that classification throughout the District. The unit member with the least seniority within the classification shall be laid off first. 4. Seniority and length of service for all purposes related to bargaining unit members shall be determined by hire date in classification. 5. A unit member shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in the same classification. d. bump into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event of layoff in a tie in seniorityclass of position within an affected department, those on subdivision or division, employee(s) and the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment Union President shall be notified in writing by the District of an openinglayoff. Such notice Employees shall be sent by certified mail laid off in the following order based upon primary seniority, regardless of full or part-time status: 1. Those with temporary status 2. Those with provisional status 3. Those with probationary status 4. Those with permanent status 5. Those with statutory status Four (4) weeks’ notice of layoffs shall be given to the last address given by employees so affected and the unit member to the District Human Resources Office, with a copy sent to L- 39, which shall acquit the District of its notification responsibility. A unit member thus Union President a. An employee so notified shall inform have the District Human Resources Office right to displace the most junior employee in the bargaining unit in the same class of position, based upon greater primary seniority. b. Provided further that any employee in 1, 2, 3, 4, or 5 above who had been previously permanent in a next lower class of position shall have the right to displace the most junior employee in the bargaining unit in such next lower class of position based upon greater secondary seniority. c. Employees may exercise her/his or her intent to accept or refuse reemployment secondary seniority within ten (10) working days following receipt the bargaining unit in a class of the reemployment offer. position in which they held permanent status, and in which said employee has greater secondary seniority. d. If the employee is unable to exercise her/his primary or secondary seniority advantageously, they may exercise her/his State seniority for any same or lower class of position in the bargaining unit member accepts reemploymentfor which they are eligible, that is, for which a list exists; or in which they can perform if no list exists for the position. The employee shall have the right to displace the most junior employee in the bargaining unit in said class of position based upon greater State seniority. e. In the application of c and d above, the unit member must report State will attempt to work within ten (10) working days following acceptance of waive or modify any law or regulation which would in any way deny preferred treatment for the reemployment offeremployee to qualify for the positions which they can perform. 12f. Part-time employees may only exert seniority rights over other part-time employees. If a unit member receives an offer for a position with the same work yearHowever, any part-time employee who exercises said seniority rights shall not have her/his number of hours per week, and/or benefits changed as a result. g. Full-time employees may only exert seniority rights over other full-time employees. 3. a. Prior to any bumping process pursuant to Sections 1 and classification held at the time of layoff, and turns down the offer2 above, the unit member State will place an affected employee in an available existing vacant comparable position within the bargaining unit. Comparable shall be removed from defined as: 1. within the reemployment list.same classification 2. having the same hours (full-time to full-time; part-time to part-time

Layoffs. ‌ 1. When layoffs are necessary due to lack of work or lack of funds, the District shall give the affected employee notice of the planned layoff at least 60 days prior to the effective date. The notice shall be by personal delivery or certified mail and shall specify the reasons for layoff, identify the classification and the position(s) designated for elimination, and include information of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39. 2. An employee who has been given notice of layoff and displacement rights shall notify the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the District. 3. Any layoff shall be effected within a classification. The order of layoff shall be based on seniority within that classification throughout the District. The unit member with the least seniority within the classification shall be laid off first. 4. Seniority and length of service for all purposes related to bargaining unit members shall be determined by hire date in classification. 5. A unit member shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in the same classification. d. bump into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event of a tie in seniority, those on the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment shall be notified in writing by the District of an opening. Such notice shall be sent by certified mail to the last address given by the unit member to the District Human Resources Office, with a copy sent to L- 39L-39, which shall acquit the District of its notification responsibility. A unit member thus notified shall inform the District Human Resources Office of his or her intent to accept or refuse reemployment within ten (10) working days following receipt of the reemployment offer. If the unit member accepts reemployment, the unit member must report to work within ten (10) working days following acceptance of the reemployment offer. 12. If a unit member receives an offer for a position with the same work year, number of hours per week, and classification held at the time of layoff, and turns down the offer, the unit member shall be removed from the reemployment list.

Layoffs. ‌(a) In the matter of layoffs, seniority of the employees within the affected department will govern. 1(b) The Company shall give one week’s notice or one week’s pay of forty-hours (40) in lieu of notice to an employee being laid off. When An employee intending to resign will give the Company one week’s notice. The Company will give the Union at least two weeks’ notice in advance of any proposed layoffs and afford the Union an opportunity to discuss the matter fully with the Company. (c) If it becomes necessary to reduce the workforce in any job classification, reductions shall be made in the following manner: I. Starting with the job classification in which the surplus exists, the surplus employees will be determined based on those having the least departmental seniority. The surplus employee(s) in order of departmental seniority will first be given the opportunity of exercising any rights they may have under article VI section 6. If no such rights exist, or the employee declines to exercise such rights, then he shall be given the opportunity of displacing any employee in a job of lower classification provided he has greater departmental seniority than the employee being displaced in the lower job classification and provided he is qualified and capable of performing the work. Employees who are necessary displaced from their jobs by this process will be given the opportunity of displacing employees in lower job classifications in the same manner. Employees who are transferred or demoted (but not laid off) shall retain their seniority in their former job classification and be entitled to fill any subsequent vacancies in such job classification in the inverse order of their transfer or demotion there from without regard to the seniority of employees of lower classification. II. Any employee who is unable to displace any other employee in his line of promotion and is thereby surplus in the lowest job classification in that department will be given the opportunity, based on his Company seniority, to displace a probationary employee in a starting job for which he can qualify or the employee with the least Company seniority in a starting job which the surplus employee meets the job specifications and qualifications, before he is laid off. (d) Regular employees that the Company lays off due to lack of work or lack of funds, shall retain seniority in their former job classification for a period not to exceed eighteen (18) months from the District shall give the affected employee notice of the planned layoff at least 60 days prior to the effective date. The notice shall be by personal delivery or certified mail and shall specify the reasons for layoff, identify the classification and the position(s) designated for elimination, and include information of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39. 2. An employee who has been given notice date of layoff and displacement rights shall notify the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the District. 3. Any layoff shall be effected entitled to fill any subsequent vacancies in such job classification in the inverse order of their layoff. On a subsequent increase of such work force within a classification. The period not to exceed eighteen months, laid off employees shall be given an opportunity to return to work in the inverse order of layoff shall be based on seniority within that classification throughout the District. The unit member with the least seniority within the classification shall be laid off first. 4. Seniority their layoff, if available and length of service for all purposes related to bargaining unit members shall be determined by hire date in classification. 5. A unit member shall not be laid off if a short-term employee is retained to render a service that the classified employee is able and qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in the same classification. d. bump into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event of a tie in seniority, those on the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment shall be notified in writing by the District of an opening. Such notice shall be sent by certified mail to the last address given by the unit member to the District Human Resources Office, with a copy sent to L- 39, which shall acquit the District of its notification responsibility. A unit member thus notified shall inform the District Human Resources Office of his or her intent to accept or refuse reemployment within ten (10) working days following receipt of the reemployment offer. If the unit member accepts reemployment, the unit member must report return to work within ten (10) working days following acceptance of the reemployment offerbefore new employees are hired. 12. If a unit member receives an offer for a position with the same work year, number of hours per week, and classification held at the time of layoff, and turns down the offer, the unit member shall be removed from the reemployment list.

Layoffs. ‌ 1. Section 6:1 When it becomes necessary to reduce the force, or a job is eliminated, layoffs are necessary due will be according to lack of work or lack of funds, the District shall give the affected employee notice of the planned layoff at least 60 days prior to the effective date. The notice shall be by personal delivery or certified mail and shall specify the reasons for layoff, identify the classification departmental seniority and the position(s) designated qualified employee with more seniority may bump a less senior employee in an equal or lower classification if scheduled for layoff or job elimination, and include information of . Notwithstanding the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided above paragraph an employee may bump to L-39. 2. An employee who has been given notice of layoff and displacement rights shall notify the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the District. 3. Any layoff shall be effected within a classification. The order of layoff shall be based on seniority within that classification throughout the District. The unit member with the least seniority within the classification shall be laid off first. 4. Seniority and length of service for all purposes related to bargaining unit members shall be determined by hire date position he/she held in classification. 5. A unit member shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position higher paying Code in the same classificationdepartment so long as he/she previously passed probation in that position, is still qualified, and has more departmental seniority than the current incumbent. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in Should no bumping opportunities exist within the same classification. d. department, an employee may bump into to a position held by the least senior employee (by bargaining unit member in a lower seniority) from amongst all code 8 or higher class in which 9 positions from the remaining departments within the bargaining unit member has greater provided they are qualified as determined by the Personnel Director. In the event that bargaining unit seniority considering his for the least senior code 8 and 9 employees is equal, city seniority shall apply, followed by department seniority if necessary. Such bumped code 8 or her seniority in 9 employee shall have no bumping rights. Prior to the lower class City’s decision to lay off employees, the City agrees to discuss possible alternatives to layoffs with the union leadership. Such discussions shall not constitute bargaining and any higher classes; e. layoff; f. retirement in lieu decision to lay off employees shall remain the sole discretion of layoff; g. resignation in lieu the City. At no time either at the time of layoffa layoff or during a layoff will the City contract out the primary duties of any employees that are laid off. 7. A unit member who elects a Section 6:2 When layoffs become necessary in any department, after the layoff of new probationary employees (employees having worked for the City less than ninety (90) days) employees shall be laid off in lieu order of bumping is eligible for reemployment in each class for which he or she holds their department seniority, provided that the employees retained are able to satisfactorily perform such work as remains available. Section 6:3 Any employee who is laid off shall retain recall rights in accordance with his seniority for a period of three (3) years from the date of his layoff. Recall rights shall apply to the employee’s former classification or her class any classification in an equal or lower job code which he is qualified to perform. An employee shall lose all recall rights if he rejects recall to his former job classification or to another job in the same code, but shall not lose recall rights for refusing recall to a lower job code, and shall not lose recall rights to his original job by accepting recall to any other job. An employee also shall not lose recall rights for refusing recall because of temporary verified physical incapacity. The recall rights of this section apply only to non-probationary employees. Section 6:4 For purposes of this Article, Union Officers and Stewards shall have top seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break affected by any layoff in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless their department provided they are qualified to perform one of the reason for being placed on remaining jobs in their department or in the list, shall be offered reemployment in seniority order. In the event case of a tie in seniorityUnion Officer, those on the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment shall be notified in writing by the District of an opening. Such notice shall be sent by certified mail to the last address given by the unit member to the District Human Resources Office, with a copy sent to L- 39, which shall acquit the District of its notification responsibility. A unit member thus notified shall inform the District Human Resources Office of his or her intent to accept or refuse reemployment within ten (10) working days following receipt one of the reemployment offer. If remaining jobs in the unit member accepts reemployment, the unit member must report to work within ten (10) working days following acceptance of the reemployment offerbargaining unit. 12. If a unit member receives an offer for a position with the same work year, number of hours per week, and classification held at the time of layoff, and turns down the offer, the unit member shall be removed from the reemployment list.

Layoffs. ‌ 1. When layoffs are necessary due to lack Layoff shall be defined as any separation of work or lack of funds, the District shall give the affected employee notice a member of the planned layoff at least 60 days prior bargaining unit from employment for any reason other than a discharge for good and just cause, or the expiration of a limited position and/or appointment pursuant to the effective date. The notice shall be by personal delivery or certified mail and shall specify the reasons for layoff, identify the classification and the position(s) designated for elimination, and include information Section E. 7 of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39this Article. 2. An employee who has been given notice of layoff and displacement rights shall notify the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the District. 3. Any layoff shall be effected within a classification. The order of layoff shall be based on seniority within that classification throughout the District. The unit member with the least seniority within the classification shall be laid off first. 4. Seniority and length of service for all purposes related to bargaining unit members shall be determined by hire date in classification. 5. A unit member shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in the same classification. d. bump into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event of a tie layoff in senioritya class of position within an affected department, those on subdivision or division, MBUs and the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment Union President shall be notified in writing by the District of an openinglayoff. Such notice MBUs shall be sent by certified mail laid off in the following order based upon primary seniority, regardless of full or part-time status: 1. Those with temporary status 2. Those with provisional status 3. Those with probationary status 4. Those with permanent status 5. Those with statutory status Four (4) weeks' notice of layoffs shall be given to the last address given by MBUs so affected and the unit member to the District Human Resources Office, with a copy sent to L- 39, which shall acquit the District of its notification responsibility. A unit member thus Union President a. An MBU so notified shall inform have the District Human Resources Office right to displace the most junior MBU in the bargaining unit in the same class of his position, based upon greater primary seniority. b. Provided further that any MBU in 1, 2, 3, 4, or her intent 5 above who had been previously permanent in a next lower class of position shall have the right to accept or refuse reemployment displace the most junior MBU in the bargaining unit in such next lower class of position based upon greater secondary seniority. c. MBUs may exercise their secondary seniority within ten (10) working days following receipt the bargaining unit in a class of the reemployment offer. position in which they held permanent status, and in which said MBU has greater secondary seniority. d. If the MBU is unable to exercise their primary or secondary seniority advantageously, they may exercise their State seniority for any same or lower class of position in the bargaining unit member accepts reemploymentfor which they are eligible, that is, for which a list exists; or in which they can perform if no list exists for the position. The MBU shall have the right to displace the most junior MBU in the bargaining unit in said class of position based upon greater State seniority. e. In the application of c and d above, the unit member must report State will attempt to work within ten (10) working days following acceptance of waive or modify any law or regulation which would in any way deny preferred treatment for the reemployment offerMBU to qualify for the positions which they can perform. 12f. Part-time MBUs may only exert seniority rights over other part- time MBUs. If a unit member receives an offer for a position with the same work yearHowever, any part-time MBU who exercises said seniority rights shall not have their number of hours per weekand/or benefits changed as a result. g. Full-time MBUs may only exert seniority rights over other full- time: MBUs. a. Prior to any bumping process pursuant to Sections 1 and 2 above, the State shall offer an affected MBU the option to accept a position in an available existing vacant comparable position within the bargaining unit. Comparable shall be defined as: 1. within the same classification 2. having the same hours (full-time to full-time; part-time to part-time) b. An MBU who was in a permanent position and classification is placed into a limited position and/or appointment pursuant to this Section shall retain all seniority and bumping rights provided in this Article upon the expiration of the limited position and/or appointment. c. If an affected member of the bargaining unit refuses placement in the existing vacant comparable position, they will be laid off in accordance with Article XI D. 4. Recall of any MBU who has been laid off shall be in the reverse order of the procedure as stated above for layoffs. Any person who has held permanent status and who has been laid off shall have their name placed on the preferred re-employment list for this bargaining unit. No appointment may be made to any position covered by the agreement in a class affected by a layoff while a MBU who has been laid off is available for certification from a re- employment list. MBUs with permanent status affected by a layoff action will be placed on a preferred re-employment list and shall be recalled in order of seniority as described above. MBUs who refuse recall from the preferred list to a permanent position- shall waive all recall rights provided herein and· shall be- placed on the appropriate re- employment list. A permanent MBU who is recalled to a limited position and/or appointment shall have their name retained on the preferred re- employment list for recall to a permanent position. A permanent MBU may not refuse recall to a limited position and/or appointment. An MBU who held a permanent position at the time of layofflayoff and is recalled to a limited position and/or appointment, shall retain all seniority and turns down bumping rights provided in this Article upon the offer, expiration of the unit member limited position and/or appointment. A full-time MBU does not waive recall for refusing a part-time position. A part-time MBU does not waive recall for refusing a full-time position. All recall notices shall be removed sent certified mail, return receipt requested. Unpaid sick leave and personal leave accruals will be frozen for three (3) years from date of layoff. 5. Any involuntary transfer which results from the reemployment listimplementation of this Section will be done in accordance with Section C-3 of this Article.

Layoffs. ‌ 1. When layoffs are the City determines that it is necessary to reduce the work force due to lack of work or lack of funds, the District City may reduce the workweek in the job title affected or initiate a layoff. The layoff procedure outlined herein shall give be used so that a normal workweek for the affected remaining employees can be reestablished as may be practical. If employees are laid off, it shall be in the following manner. All probationary, temporary and seasonal employees shall first be laid off. Any employee notice in the classified service, whether permanent or temporary, shall be laid off on the basis of classification seniority in the planned classification affected. If relative seniority permits, such employees who are subject to layoff at least 60 days prior shall be allowed to move to the effective datesame or lower rated classification in the following manner: 1. The notice shall be by personal delivery or certified mail Fill an available vacancy in their same classification first, within the same work unit and shall specify the reasons second, on a City-wide basis provided he is physically qualified for layoffsuch position, identify the classification and the position(s) designated for elimination, and include information of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39.or 2. An Displace another employee who has been given notice of layoff in the same classification, first, within the same work unit and displacement rights shall notify the District’s Human Resources Office of his or her decision second, on the exercise of those rights within 10 working days of date of service by the District.a bargaining unit wide basis, provided he is physically qualified for such position, or 3. Any layoff shall be effected within If unable to displace under (2) above, fill an available vacancy in another classification in which he has previously held a classification. The order of layoff shall be permanent position as a qualified employee, based on seniority bargaining unit wide seniority, or if the classification is one of a series, fill an available vacancy in a lower rated classification within that the series based on bargaining unit wide seniority, whether he has previously held a position or note. 4. If no vacancy exists under (3) above, displace another employee based on bargaining unit wide seniority, in another classification throughout in which he has previously held a permanent position as a qualified employee, or if the District. The unit member classification is one of a series, displace another employee with the least seniority in a lower rated classification within the classification shall be laid off first. 4. Seniority and length of service for all purposes related to series based on bargaining unit members shall be determined by hire date in classificationwide seniority, whether he has previously held such a position or note. 5. A unit member shall not be laid off if a short-term In the event an employee is retained to render a service that in the classified employee service is not entitled to a new position under any of the previous subsections, fill an available vacancy which he is presently qualified to render. 6. A perform under Civil Service Rules based on bargaining unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate wide seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in the same classification. d. bump into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event an employee does not desire to take any of the positions he is entitled to under any of the above sub-sections, he can elect to take a tie layoff without impairment of his recall rights under Article 8 of this Agreement. In the event an employee exercises his rights under the above provisions and while on that job a vacancy occurs in senioritythe classification from which he was originally laid off, those on he will be automatically transferred to that previous classification when his seniority in the reemployment list due to layoff shall take precedenceoriginal classification permits. A unit member who is Whenever reasonably possible, the City will give the employees initially laid off and is subsequently eligible for reemployment the Union at least fourteen (14) calendar days’ notice prior to layoff. The City shall be notified in writing by supply the District of an opening. Such notice shall be sent by certified mail to the last address given by the unit member to the District Human Resources Office, Union with a copy sent list of employees to L- 39, which shall acquit the District of its notification responsibility. A unit member thus notified shall inform the District Human Resources Office of his or her intent to accept or refuse reemployment within ten (10) working days following receipt of the reemployment offer. If the unit member accepts reemployment, the unit member must report to work within ten (10) working days following acceptance of the reemployment offer. 12. If a unit member receives an offer for a position be initially laid off and recalled together with the same work year, number date of hours per week, and classification held at the time of layoff, and turns down the offer, the unit member shall be removed from the reemployment listtheir seniority.

Layoffs. ‌ 1. When layoffs are necessary due to lack Layoff shall be defined as any separation of work or lack of funds, the District shall give the affected employee notice a member of the planned layoff at least 60 days prior bargaining unit from employment for any reason other than a discharge for good and just cause, or the expiration of a limited position and/or appointment pursuant to the effective date. The notice shall be by personal delivery or certified mail and shall specify the reasons for layoff, identify the classification and the position(s) designated for elimination, and include information Section E. 7 of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39this Article. 2. An employee who has been given notice of layoff and displacement rights shall notify the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the District. 3. Any layoff shall be effected within a classification. The order of layoff shall be based on seniority within that classification throughout the District. The unit member with the least seniority within the classification shall be laid off first. 4. Seniority and length of service for all purposes related to bargaining unit members shall be determined by hire date in classification. 5. A unit member shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in the same classification. d. bump into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event of a tie layoff in senioritya class of position within an affected department, those on subdivision or division, MBUs and the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment Union President shall be notified in writing by the District of an openinglayoff. Such notice MBUs shall be sent by certified mail laid off in the following order based upon primary seniority, regardless of full or part-time status: 1. Those with temporary status 2. Those with provisional status 3. Those with probationary status 4. Those with permanent status 5. Those with statutory status Four (4) weeks' notice of layoffs shall be given to the last address given by MBUs so affected and the unit member to the District Human Resources Office, with a copy sent to L- 39, which shall acquit the District of its notification responsibility. A unit member thus Union President a. An MBU so notified shall inform have the District Human Resources Office right to displace the most junior MBU in the bargaining unit in the same class of his position, based upon greater primary seniority. b. Provided further that any MBU in 1, 2, 3, 4, or her intent 5 above who had been previously permanent in a next lower class of position shall have the right to accept or refuse reemployment displace the most junior MBU in the bargaining unit in such next lower class of position based upon greater secondary seniority. c. MBUs may exercise their secondary seniority within ten (10) working days following receipt the bargaining unit in a class of the reemployment offer. position in which they held permanent status, and in which said MBU has greater secondary seniority. d. If the MBU is unable to exercise their primary or secondary seniority advantageously, they may exercise their State seniority for any same or lower class of position in the bargaining unit member accepts reemploymentfor which they are eligible, that is, for which a list exists; or in which they can perform if no list exists for the position. The MBU shall have the right to displace the most junior MBU in the bargaining unit in said class of position based upon greater State seniority. e. In the application of c and d above, the unit member must report State will attempt to work within ten (10) working days following acceptance of waive or modify any law or regulation which would in any way deny preferred treatment for the reemployment offerMBU to qualify for the positions which they can perform. 12f. Part-time MBUs may only exert seniority rights over other part- time MBUs. If a unit member receives an offer for a position with the same work yearHowever, any part-time MBU who exercises said seniority rights shall not have their number of hours per weekand/or benefits changed as a result. g. Full-time MBUs may only exert seniority rights over other full- time: MBUs. a. Prior to any bumping process pursuant to Sections 1 and 2 above, the State shall offer an affected MBU the option to accept a position in an available existing vacant comparable position within the bargaining unit. Comparable shall be defined as: 1. within the same classification 2. having the same hours (full-time to full-time; part-time to part- time) b. An MBU who was in a permanent position and classification is placed into a limited position and/or appointment pursuant to this Section shall retain all seniority and bumping rights provided in this Article upon the expiration of the limited position and/or appointment. c. If an affected member of the bargaining unit refuses placement in the existing vacant comparable position, they will be laid off in accordance with Article XI D. 4. Recall of any MBU who has been laid off shall be in the reverse order of the procedure as stated above for layoffs. Any person who has held permanent status and who has been laid off shall have their name placed on the preferred re-employment list for this bargaining unit. No appointment may be made to any position covered by the agreement in a class affected by a layoff while a MBU who has been laid off is available for certification from a re- employment list. MBUs with permanent status affected by a layoff action will be placed on a preferred re-employment list and shall be recalled in order of seniority as described above. MBUs who refuse recall from the preferred list to a permanent position- shall waive all recall rights provided herein and· shall be- placed on the appropriate re-employment list. A permanent MBU who is recalled to a limited position and/or appointment shall have their name retained on the preferred re-employment list for recall to a permanent position. A permanent MBU may not refuse recall to a limited position and/or appointment. An MBU who held a permanent position at the time of layofflayoff and is recalled to a limited position and/or appointment, shall retain all seniority and turns down bumping rights provided in this Article upon the offer, expiration of the unit member limited position and/or appointment. A full-time MBU does not waive recall for refusing a part-time position. A part-time MBU does not waive recall for refusing a full-time position. All recall notices shall be removed sent certified mail, return receipt requested. Unpaid sick leave and personal leave accruals will be frozen for three (3) years from date of layoff. 5. Any involuntary transfer which results from the reemployment listimplementation of this Section will be done in accordance with Section C-3 of this Article.

Layoffs. ‌ 1. When layoffs are necessary due to lack Layoff shall be defined as any separation of work or lack of funds, the District shall give the affected employee notice a member of the planned layoff at least 60 days prior bargaining unit from employment for any reason other than a discharge for good and just cause, or the expiration of a limited position and/or appointment pursuant to the effective date. The notice shall be by personal delivery or certified mail and shall specify the reasons for layoff, identify the classification and the position(s) designated for elimination, and include information Section E. 7 of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39this Article. 2. An employee who has been given notice of layoff and displacement rights shall notify the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the District. 3. Any layoff shall be effected within a classification. The order of layoff shall be based on seniority within that classification throughout the District. The unit member with the least seniority within the classification shall be laid off first. 4. Seniority and length of service for all purposes related to bargaining unit members shall be determined by hire date in classification. 5. A unit member shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in the same classification. d. bump into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event of a tie layoff in senioritya class of position within an affected department, those on subdivision or division, MBUs and the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment Union President shall be notified in writing by the District of an openinglayoff. Such notice MBUs shall be sent by certified mail laid off in the following order based upon primary seniority, regardless of full or part-time status: 1. Those with temporary status 2. Those with provisional status 3. Those with probationary status 4. Those with permanent status 5. Those with statutory status Four (4) weeks' notice of layoffs shall be given to the last address given by MBUs so affected and the unit member to the District Human Resources Office, with a copy sent to L- 39, which shall acquit the District of its notification responsibility. A unit member thus Union President a. An MBU so notified shall inform have the District Human Resources Office right to displace the most junior MBU in the bargaining unit in the same class of his position, based upon greater primary seniority. b. Provided further that any MBU in 1, 2, 3, 4, or her intent 5 above who had been previously permanent in a next lower class of position shall have the right to accept or refuse reemployment displace the most junior MBU in the bargaining unit in such next lower class ofposition based upon greater secondary seniority. c. MBUs may exercise their secondary seniority within ten (10) working days following receipt the bargaining unit in a class of the reemployment offer. position in which they held permanent status, and in which said MBU has greater secondary seniority. d. If the MBU is unable to exercise their primary or secondary seniority advantageously, they may exercise their State seniority for any same or lower class of position in the bargaining unit member accepts reemploymentfor which they are eligible, that is, for which a list exists; or in which they can perform if no list exists for the position. The MBU shall have the right to displace the most junior MBU in the bargaining unit in said class of position based upon greater State seniority. e. In the application of c and d above, the unit member must report State will attempt to work within ten (10) working days following acceptance of waive or modify any law or regulation which would in any way deny preferred treatment for the reemployment offerMBU to qualify for the positions which they can perform. 12f. Part-time MBUs may only exert seniority rights over other part- time MBUs. If a unit member receives an offer for a position with the same work yearHowever, any part-time MBU who exercises said seniority rights shall not have their number of hours per week, and/or benefits changed as a result. g. Full-time MBUs may only exert seniority rights over other full- time: MBUs. a. Prior to any bumping process pursuant to Sections 1 and classification held at the time of layoff, and turns down the offer2 above, the unit member State shall offer an affected MBU the option to accept a position in an available existing vacant comparable position within the bargaining unit. Comparable shall be removed from the reemployment list.defined as:

Layoffs. ‌ 1. When layoffs are necessary due to lack of work or lack of funds, the District shall give the affected employee notice of the planned layoff at least 60 days prior to the effective date. The notice shall be by personal delivery or certified mail and shall specify the reasons for layoff, identify the classification and the position(s) designated for elimination, and include information of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39. 2. An employee who has been given notice of layoff and displacement rights shall notify the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the District. 3. Any layoff shall be effected within a classification. The order of layoff shall be based on seniority within that classification throughout the District. The unit member with the least seniority within the classification shall be laid off first. 4. Seniority and length of service for all purposes related to bargaining unit members shall be determined by hire date in classification. 5. A unit member shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump ▇. ▇▇▇▇ into a position that is held by the least senior unit member in the same classification. d. bump ▇. ▇▇▇▇ into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff▇. ▇▇▇▇▇▇; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event of a tie in seniority, those on the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment shall be notified in writing by the District of an opening. Such notice shall be sent by certified mail to the last address given by the unit member to the District Human Resources Office, with a copy sent to L- 39, which shall acquit the District of its notification responsibility. A unit member thus notified shall inform the District Human Resources Office of his or her intent to accept or refuse reemployment within ten (10) working days following receipt of the reemployment offer. If the unit member accepts reemployment, the unit member must report to work within ten (10) working days following acceptance of the reemployment offer. 12. If a unit member receives an offer for a position with the same work year, number of hours per week, and classification held at the time of layoff, and turns down the offer, the unit member shall be removed from the reemployment list.

Layoffs. ‌ 1. When layoffs are necessary due to lack Layoff shall be defined as any separation of work or lack of funds, the District shall give the affected employee notice a member of the planned layoff at least 60 days prior bargaining unit from employment for any reason other than a discharge for good and just cause, or the expiration of a limited position and/or appointment pursuant to the effective date. The notice shall be by personal delivery or certified mail and shall specify the reasons for layoff, identify the classification and the position(s) designated for elimination, and include information Section E. 7 of the employee’s displacement (bumping) rights, and his or her reemployment rights. A copy of the notice (including all attachments) will be provided to L-39this Article. 2. An employee who has been given notice of layoff and displacement rights shall notify the District’s Human Resources Office of his or her decision on the exercise of those rights within 10 working days of date of service by the District. 3. Any layoff shall be effected within a classification. The order of layoff shall be based on seniority within that classification throughout the District. The unit member with the least seniority within the classification shall be laid off first. 4. Seniority and length of service for all purposes related to bargaining unit members shall be determined by hire date in classification. 5. A unit member shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. 6. A unit member whose position is eliminated by the District or who is displaced from his or her position by a unit member exercising bumping rights shall be presented with the following options, in order: a. bump into a vacant position in the same classification. If a vacant position exists, options c and d below shall not apply; b. bump into a vacancy in a lower or higher classification in which the unit member has the appropriate seniority. If a vacancy exists, options c and d below shall not apply; c. bump into a position that is held by the least senior unit member in the same classification. d. bump into a position held by the least senior unit member in a lower or higher class in which the unit member has greater seniority considering his or her seniority in the lower class and any higher classes; e. layoff; f. retirement in lieu of layoff; g. resignation in lieu of layoff. 7. A unit member who elects a layoff in lieu of bumping is eligible for reemployment in each class for which he or she holds seniority, in accordance with his or her class seniority, for a thirty-nine (39) month period. 8. A unit member who accepts a voluntary demotion or voluntary reduction in assigned time in lieu of layoff shall be eligible for an additional twenty-four (24) months of reemployment rights to the class for which they were laid off. If a unit member is laid off and subsequently rehired, according to his/her seniority rights, into a position in a lower class or with lesser hours than his/her position at the time of layoff, s/he shall be afforded the sixty-three (63) months of rehire rights calculated from the original date of layoff. 9. A unit member who elects to retire in lieu of layoff, voluntary demotion, or reduction in assigned time, shall notify the District in writing of the retirement election. 10. A unit member who voluntarily resigns in lieu of layoff from the District and who is rehired into the same classification within thirty-nine (39) months shall be restored all of the rights, benefits, and burdens of a permanent classified employee and the break in service shall be disregarded. Seniority shall not be earned during the break in service; however, the unit member’s previous seniority shall be reinstated upon rehire. 11. Unit members placed on reemployment lists, regardless of the reason for being placed on the list, shall be offered reemployment in seniority order. In the event of a tie layoff in senioritya class of position within an affected department, those on subdivision or division, MBUs and the reemployment list due to layoff shall take precedence. A unit member who is laid off and is subsequently eligible for reemployment Union President shall be notified in writing by the District of an openinglayoff. Such notice MBUs shall be sent by certified mail laid off in the following order based upon primary seniority, regardless of full or part-time status: 1. Those with temporary status 2. Those with provisional status 3. Those with probationary status 4. Those with permanent status 5. Those with statutory status Four (4) weeks' notice of layoffs shall be given to the last address given by MBUs so affected and the unit member to the District Human Resources Office, with a copy sent to L- 39, which shall acquit the District of its notification responsibility. A unit member thus Union President a. An MBU so notified shall inform have the District Human Resources Office right to displace the most junior MBU in the bargaining unit in the same class of his position, based upon greater primary seniority. b. Provided further that any MBU in 1, 2, 3, 4, or her intent 5 above who had been previously permanent in a next lower class of position shall have the right to accept or refuse reemployment displace the most junior MBU in the bargaining unit in such next lower class of position based upon greater secondary seniority. c. MBUs may exercise their secondary seniority within ten (10) working days following receipt the bargaining unit in a class of the reemployment offer. position in which they held permanent status, and in which said MBU has greater secondary seniority. d. If the MBU is unable to exercise their primary or secondary seniority advantageously, they may exercise their State seniority for any same or lower class of position in the bargaining unit member accepts reemploymentfor which they are eligible, that is, for which a list exists; or in which they can perform if no list exists for the position. The MBU shall have the right to displace the most junior MBU in the bargaining unit in said class of position based upon greater State seniority. e. In the application of c and d above, the unit member must report State will attempt to work within ten (10) working days following acceptance of waive or modify any law or regulation which would in any way deny preferred treatment for the reemployment offerMBU to qualify for the positions which they can perform. 12f. Part-time MBUs may only exert seniority rights over other part- time MBUs. If a unit member receives an offer for a position with the same work yearHowever, any part-time MBU who exercises said seniority rights shall not have their number of hours per week, and/or benefits changed as a result. g. Full-time MBUs may only exert seniority rights over other full- time: MBUs. 3. a. Prior to any bumping process pursuant to Sections 1 and classification held at the time of layoff, and turns down the offer2 above, the unit member State shall offer an affected MBU the option to accept a position in an available existing vacant comparable position within the bargaining unit. Comparable shall be removed from defined as: 1. within the reemployment list.same classification 2. having the same hours (full-time to full-time; part-time to part- time)