Common use of PERSONNEL REDUCTION Clause in Contracts

PERSONNEL REDUCTION. Section 1 In the event of layoffs in connection with decreasing the work force, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 year to 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoff. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09-FY11

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 In the event of layoffs in connection with decreasing the work force, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 year to 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoff. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09FY14-FY11FY17

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 In the event of layoffs in connection with decreasing the work force, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 year to yearto 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoff. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09FY12-FY11FY14

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 Personnel reduction is defined as an involuntary separation from employment not involving delinquency, misconduct, inefficiency, or disciplinary action. Whenever such personnel reduction occurs and it becomes necessary to reduce the number of employees within the CITY, the following regulations shall apply: 1. The person last hired shall be “laid off” first. Not including Temporary positions. 2. In the event that multiple persons were hired on the same day, the person with the lowest cumulative testing score shall be laid off first. 3. The names of those laid off shall be entered into a recall register in inverse order of their layoff. The recall register shall be signed and dated by the Fire Chief and CITY Administrator at the time of any personnel reductions. The printed copy and a computer disk backup copy shall be kept in CITY records. 4. When it is desired to again increase the number of personnel, the CITY shall verify all of those laid off correctly appear on the recall register. Any mailed notifications of recall shall be overnight registered mailed to the individual. Any person who declines to return for employment with the CITY, or who after 10 business days of receipt of mailed recall notice has failed to accept recall of employment, shall be considered permanently separated from the CITY. 5. In the event of layoffs in connection with decreasing a previously promoted officer or employee returns to duty, or the work force, and the recall to work number of people so laid offofficers holding that rank is reduced, the following consideration last officer or employee promoted shall govern. Skill and ability as determined by reference be returned to the employee's work record, and length of service shall be the determining factors; however, employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 year to 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, rank he/she shall be considered permanently severed held before. 6. Officers or employees who are laid off prior to completion of their probationary period must complete the remainder of their probationary period upon recall. 7. The CITY must honor the list for a minimum one (1) year from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layofflay- off. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09-FY11

Appears in 1 contract

Sources: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 In the event case of layoffs in connection with decreasing the work force, and the recall to work of people so laid offa personnel reduction, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, employees employee who has already entered DROP shall be laid off first (starting 10-1-18), followed by category of the Employee with the least seniority. There Employees shall be three (3) seniority categories: probationary, 1 year to 5 years seniority, and over 5 years recalled in the order of their seniority. In case With the exception of the DROP employees, no new employee shall be hired until the laid off employee has been given ample opportunity (in writing) to return to work. The employer shall notify the union of the need to reduce the number of employees who are within the bargaining unit at least 180 days before the effective date of the layoff. Such notice shall be given in writing addressed to the Union by certified mail. The notice shall disclose the number of positions affected and the effective date of the layoff. Immediately after issuing the notice, the District shall give the Union a reasonable period of time, of not less than 14 days, within which it shall meet and confer with the Union to discuss such action. The District shall respond to any proposal which the Union may make in response to the subject matter of notice. Each employee who is to be laid off as a consequence of reduction in force shall be given written notice, at least 120 days before such action is to occur, the date, purpose and the nature of the action that is to be taken with regard to him or her. A copy of this notice shall be delivered to the Union in a timely manner. An employee who is laid off shall be paid for all earned and unused time off, holiday and severance pay. While on layoff, it is the responsibility of the employee to maintain all employees in licenses and certifications which are required by the lowest seniority category job description to be eligible for recall. Bargaining Unit Employees shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the reverse order of layoff. No new employees departmental seniority; the least senior employee within the bargaining unit shall be hired until all laid off employees have been given the opportunity first, without regard to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, rank or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoffclassification. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09-FY11

Appears in 1 contract

Sources: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 In ‌ Should it become necessary due to budgetary conditions, lack of work, or any other reasonable cause, to reduce the event number of layoffs in connection with decreasing employees within the work force, and the recall to work of people so laid offCity, the following consideration basic provisions shall governapply: A. It shall be the responsibility of the City to determine job classifications in which layoffs are to occur. Skill Such factors as nature of work performed and ability as impact on Department operations shall be weighed to determine areas where reductions can be made. B. Order of layoff shall be determined by reference to job classification within the Department. Employees with the least seniority in a classification, as defined in Section 3.2, will be laid off first. Where two or more employees share the same anniversary date within a specific classification, seniority shall be based on the employee's work record, and ’s length of service as a regular employee within the bargaining unit. Where two or more employees share the same anniversary date within a specific classification and within the bargaining unit, seniority shall be based on the determining factors; howeveremployee’s length of cumulative service within the City as a regular employee. For Civil Service employees, employees if the above language does not net a result, Civil Service ranking shall then apply. For non-Civil Service employees, if the above language does not net a result, seniority shall be based on the employee’s temporary hire date within the City. C. If an employee subject to layoff has more seniority than an employee in the same classification within the bargaining unit or in a classification previously occupied by the employee within the bargaining unit and meets the minimum qualifications for the job, the more senior employee shall have the option of bumping the least senior employee. If an employee that gets laid off by category is full-time and there are regular, part-time employees in the same classification, the laid off employee may bump the least senior full-time employee who in turn may bump the least senior regular, part- time employee. The intent is for the full-time laid off employee to bump the least senior full-time employee before he or she bumps the least senior regular, part- time employee. However, a part-time employee with more seniority may bump an employee with lesser seniority regardless of seniorityfull-time status. There A regular, part-time employee shall be defined as any budgeted position that is less than one hundred percent (100%) full-time status. Job share is a unique agreement between two employees and shall be considered full-time for the purpose of bumping. For job share employees, seniority shall be based on the primary job share incumbent’s seniority within the classification. Therefore, the secondary employee in the job share shall not be afforded bumping rights. For purposes of bumping, an employee bumping to a lower compensated or equivalently compensated AFSCME classification shall add their seniority in that classification to any seniority in an equivalently compensated or higher compensated AFSCME classification. Although seniority can accumulate from a higher compensated AFSCME classification to a lower compensated AFSCME classification or between two (2) equivalently compensated AFSCME classifications following the line of progression, seniority cannot accumulate from a lower compensated AFSCME classification to a higher compensated AFSCME classification. It is understood that employees in non-AFSCME positions shall not be entitled to bumping rights back into the bargaining unit regardless of that employee’s union representation history. D. Employees choosing not to bump shall be considered laid off and afforded all benefits and rights accordingly. Employees shall have three (3) seniority categories: probationaryworking days (Monday through Friday, 1 year excluding holidays) from receipt of written “Layoff Notice” to 5 years seniorityselect their bumping option, and over 5 years seniorityif they have any. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding Employees having bumping rights due to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service employee’s choice not to “bump” shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten three (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (153) days from receipt written notification of said notice these bumping options to rehiremake their selection. If an An employee fails whose bumping rights would be to notify the City within the ten (10) calendar day period of his/her intentions a classification that no longer exists due to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5reclassification(s) or more consecutive calendar years, beginning from the date of layoff. Section 2 Employees laid off under provisions of this ARTICLE, who reorganization(s) shall have his or her bumping access and seniority credit for such classifications determined at the time of layoff had existing the reclassification(s) and/or reorganization(s) and established workdocumented in the employee’s personnel file. The determination shall be on a case-connected injuriesby-case basis and made by Human Resources. However, may not be denied re-employment during a discussion of the five (5) year call-back period because affected positions and the reclassification/reorganization of these work-connected injuries as existing and established that position will occur at a joint labor management meeting. E. Employees bumping to a different classification in the same pay range shall remain at the salary step occupied prior to the layoffmove and given credit for time served within that salary step. Section 3 Nothing in this ARTICLE F. Employees bumping to a lower classification shall limit be compensated at the ability salary range of the City to provide position they are transferred to. Placement within the salary range shall be at the step closest but not lower than the employee’s previous compensation unless the previous salary exceeds the top step of the new pay range. At which time, the employee shall be placed at the top step of the new pay range. Their increment date shall not be changed. G. Any employee bumping into a Civil Service position, must fulfill all the Civil Service hiring requirements for a compliment of officers and departmental personnel deemed that position. H. No bargaining unit employee may be laid off if there are AFSCME temporary employees in the judgment same work unit (defined as all employees reporting to the lowest non-AFSCME supervisor/manager). Any employee subject to layoff shall have the right to bump into any temporary position working within the bargaining unit for which they are qualified. An employee bumping into or being rehired per this Subsection into a temporary position will assume the status of a temporary employee without loss of recall rights. I. No bargaining unit member may be laid off without being given thirty (30) calendar days notice (notice shall include “Notice of Potential Layoff”). In the event the Employer intends to cease the operation of the Chief necessary for Corrections Facility, it shall provide the proper administration of Union and the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09-FY11employees such notice not less than six (6) months prior to such change in operation.

Appears in 1 contract

Sources: Labor Agreement

PERSONNEL REDUCTION. Section SECTION 1 In the event of layoffs a reduction in connection with decreasing the work forcenumber of employees in the Transportation and/or Maintenance Divisions, and the recall to work of people so laid offother than Road Ranger or Road Ranger Tech C, the following consideration shall govern. Skill and ability as determined by reference due to the employee's work record, and length lack of service shall be the determining factors; howeverwork, employees shall be laid off by category in reverse order of senioritytheir system- wide seniority within their classification. There shall Any maintenance employee affected will be three given an opportunity to bump into a lower classification (3seniority prevailing) seniority categories: probationaryto keep from being furloughed. SECTION 2 In the event of a recall, 1 year to 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be such laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment called back in the inverse order of layoffs when they are needed againtheir layoff, provided they are physically qualified provided, however, that this Agreement, or any renewal, amendment, or extension thereof is still in effect, and possess sufficient training and experience no more than eighteen (18) months has elapsed since the employee’s last layoff. SECTION 3 Employees will be called back to perform service according to the duties of following procedure: the available workAuthority will advise each employee, to be recalled, by certified United States mail, return receipt requested, to his last known address. The City employee shall give laid off employees ten (10) days have the obligation to provide the Authority with his current address for the purpose of receiving mail. An employee, receiving a notice of its intention recall, ▇▇▇▇ immediately inform the Authority of his intent to rehire. The employees shall accept or reject the recall order within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar yearsworking days after the receipt of the notice of recall. An employee, beginning from who has notified the date Authority of layoffhis acceptance of recall and who, thereafter, fails to report at the specific time, shall forfeit all rights. Section 2 Employees SECTION 4 An employee, who has been laid off under provisions of this ARTICLEdue to a reduction in the work force, who at the time of layoff had existing and established work-connected injuries, may not shall be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide given preference over new hires for job openings outside his job classification or department for a compliment period of officers and departmental personnel deemed in eighteen (18) months after his layoff, as long as he is qualified to perform the judgment job for which he is applying. In the event of competing applications by qualified laid off employees, seniority with the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09-FY11Authority will govern.

Appears in 1 contract

Sources: Labor Agreement

PERSONNEL REDUCTION. Section 1 In A. Reduction-in-force (RIF). If it is necessary for the event Village to reduce the number of layoffs Village employees because of reorganization, lack of funds or lack of work, the Village will notify the Union and affected bargaining unit employees in connection writing a minimum of twenty (20) calendar days prior to the implementation of the RIF. The Union may request in writing to meet with decreasing Village management representatives to discuss possible alternatives to the work forceRIF provided that such request is made no later than five (5) days following receipt by the Union of the Village’s intent to RIF. B. The reduction shall occur in the following manner: 1. Temporary, casual, limited-term, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, probationary employees shall be laid off before full- or part-time classified employees unless they are filling positions which require specific skills and knowledge as determined by category of senioritythe Village Administrator. 2. There shall The Fire Chief will determine employees to be three (3) seniority categories: probationary, 1 year to 5 years seniority, and over 5 years seniority. In case of layoff, all employees in RIFed based on the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill employee’s suitability for the jobs remaining and ability within a category to perform available work. If all other criteria are approximately equal, length of service with the Village shall governbe considered as determined by the Village Administrator. Employees having The Fire Chief will provide written reasoning to the Union President at the same seniority within a category shall draw lots time as notification in A. above, for the employees selected to determine the order of layoffbe RIFed. 3. No new employees Accrued annual leave shall be hired until all paid through the final day of employment. 4. All employees laid off employees have been given the opportunity in good standing shall be eligible for rehire. 5. A laid-off employee returning to be re-hired. Employees who have been laid off will be offered re-Village employment in the inverse order within six months of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of noticelay-off shall not serve a probationary period, he/she if hired to the former position. 6. A laid-off employee, if rehired, within six months of the lay-off shall retain the original date of hire for the purposes of computing sick and annual leave. C. Laid off employees will be recalled in reverse order of layoff and will remain eligible for recall for six months. Laid off employees will provide the Village with a current contact name, phone number, and address. The employee shall be considered permanently severed responsible for maintaining a current address with the Village Administrator. Any laid off employee who fails to inform the Village of current contact information will be removed from the employ recall list. D. Prior to the Village filling vacant positions through a new promotional process, all personnel who voluntarily demoted to a lower rank as a result of the City. At RIF will be advanced to the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination next available vacant position held prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoffvoluntary demotion. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09-FY11

Appears in 1 contract

Sources: Labor Management Agreement

PERSONNEL REDUCTION. Section 1 In 9.1 If the event of layoffs in connection with decreasing City decides to reduce the work force, and the recall to work of people so laid offDepartment personnel covered by this Agreement, the following consideration shall govern. Skill and ability as determined by reference to employee with the employee's work record, and length of service shall be least seniority in the determining factors; however, employees affected classification shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 year to 5 years seniority, first and over 5 years seniority. In case of layoff, all employees rehired in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the inverse order of layoff. No new employees bargaining unit members in the affected classification shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment for twelve (12) months or less have been given an opportunity to return to work. 9.2 Employees who are laid off shall have recall rights in the inverse order of layoffs when they are needed againthe layoff; that is, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give last person laid off employees ten (10) days notice of its intention in the affected classification shall have first right to rehirerecall if he/she has the qualifications for the job to be performed. The employees Employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day have recall rights for a period of 18 months from the date laid off. Employees who are laid off shall be responsible for notifying the Personnel Department of any change of address. 9.3 When a vacancy in the bargaining unit occurs from which the employee was laid off, then he/she shall be notified by certified mail at his/her intentions last known address to return to work, or fails to report to work within fifteen contact the Department. The employee shall have twenty-one (1521) calendar days from the date of noticenotification to be available to return to work. If the employee does not reply to the notification within twenty-one (21) calendar days then such employee's name shall be removed from the recall list and no further consideration shall be given to the recall of said employee. If the employee contacts the Department within the twenty-one (21) calendar days but is not able to report to work, due to health, physical or other sound reasons then such employee shall be passed over for the immediate recall, but shall remain on the list for future recall within the agreed to 18 month period. 9.4 During the time an employee is laid off he/she shall be considered permanently severed from the employ of the City. At retain seniority rights but shall not accrue any benefits during the time of a layoff the City shall provide all laid off employees with a complete physical examinationlayoff. At the time Such retention of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City seniority rights shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning extend beyond 18 months from the date of layoffthe employee was laid off. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09-FY11

Appears in 1 contract

Sources: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 In the event of layoffs in connection with decreasing the work force, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, Probationary employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 year entitled to 5 years seniority, recall and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience required to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of complete his/her intentions remaining probationary period upon recall. An employee bumping into or being rehired per this Section 3.3.H into a temporary position will assume the status of a temporary employee without the loss of recall rights. Furthermore, any laid off employee that refuses to return to work, accept a temporary position shall not lose his or fails to report to work within fifteen (15) calendar days her recall rights. Employees hired back in a temporary status shall not have the recall rights extended from the date of notice, he/time that he or she shall be considered permanently severed has been terminated from the employ of the Citytemporary position. At the time of a layoff the City The twenty-four (24) month recall period shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to remain in effect from the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list’s original layoff date. The City shall not be obligated to rehire laid off All employees who have been laid off shall also have the right to apply and compete for five any vacancies posted for recruitment in the City. Employees applying for a position within the bargaining unit which they have not previously held, and who meet the minimum qualifications for the job, shall be given preferential consideration over other applicants outside the bargaining unit when the position is filled. Preferential consideration shall be limited to twenty-four (524) months. Refusal to accept or more consecutive calendar years, beginning from acceptance of regular full-time (or regular part-time if the date of layoff. Section 2 Employees employee was laid off under provisions from a regular part-time position) employment offered by the City of Kent during this ARTICLE, who period in the classification occupied at the time of layoff had existing and established work-connected injurieslayoff, may shall terminate the employee’s recall right. Acceptance of a lower compensated position within the bargaining unit shall not be denied re-employment during terminate the five (5) year call-back period because of these work-connected injuries as existing and established incumbent’s recall right. If an employee is recalled to a classification in the pay range they occupied prior to the layoff. Section 3 Nothing in this ARTICLE , the employee shall limit return to the ability salary step occupied prior to the layoff and given credit for time spent within that salary step. The employee shall have three (3) working days to either accept or refuse the recall position. Employees recalled to a lower compensated classification shall be compensated at a salary range of the City to provide for a compliment of officers and departmental personnel deemed in position they are transferred to. Placement within the judgment salary range shall be at the step closest but not lower than the employee’s previous compensation unless the previous salary exceeds the top step of the Chief necessary for new salary range. At which time, the proper administration employee shall be placed at the top step of the affairs of the Department and as provided new pay range. The employee shall be given credit for time served within the Departmental budgetsalary step. Collective Bargaining Agreement Dover Professional Firefighters Association FY09Employees recalled within the twenty-FY11four (24) month period shall be credited with any leave amounts that were not cashed out at time of layoff.

Appears in 1 contract

Sources: Labor Agreement

PERSONNEL REDUCTION. Section 1 23.1 In the event that the City determines that a reduction in workforce is necessary, the City will ameliorate the impact of layoffs such action in connection the following manner. 23.2 The City will first layoff all sworn employees in positions based upon seniority. Seniority is defined as the length of an employee’s total service in the Police Department as shown in the Human Resources and Workforce Development Department records excluding any leaves of absence without pay of ninety (90) consecutive calendar days or more. Total service time with decreasing the work forcedepartment less all leave without pay over ninety (90) consecutive calendar days results in an employee’s adjusted seniority date. Seniority shall be computed at a rate of one (1) point for each full calendar month of employment using the adjusted seniority date as the basis of the computation. 23.3 An employee may be entitled to Veterans’ Preference as set forth in FS 295, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length of service shall be the determining factors; however, employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 year to 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention points added to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of his total seniority if he qualifies under the City, ’s Veterans’ Preference Policy 702.06-F4 a. and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an b. An employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she shall be considered permanently severed from the employ of who qualifies under the City. At the time of a layoff the City ’s Veterans’ Preference Policy 702.06 F4 c. and d., shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoffpoints added to his total seniority score. Section 2 Employees laid 23.4 The least senior employee in the Police Officer classification shall be on layoff. Should there be ties in length of service in the department after considering veterans’ preference points, then the ties will be broken after considering all official 23.5 A laid-off under provisions employee shall have recall rights to the Police Officer classification he held before the onset of this ARTICLE, who the layoff procedure for a period of twenty-four (24) months following layoff. Such recall rights shall consist of the right to return from layoff to a vacant position in the Police Officer classification over new applicants. Recall will be made by certified mail to the address maintained in the Police Department records and specified at the time of layoff. This address may be updated by the employee by certified mail, return receipt requested. The recall notice must be answered within fourteen (14) calendar days of its receipt. Failure to respond to recall within the time stipulated shall result in termination from the Police Department. 23.6 An employee who is laid off shall be considered to be terminated and shall be paid for all earned but unused vacation leave. The laid off employee shall be eligible for continuation of group health insurance coverage subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA). A laid off employee who has earned a vested pension benefit may elect to leave his contributions, and the interest earned thereon, in the pension plan in order to receive a benefit payable at normal or early retirement, or he may elect to receive a refund of his contributions and the interest earned thereon. A laid-off employee who has earned a vested Matched Annuity Pension (MAP) Plan benefit may elect to leave all or a portion of his account balance in MAP in order to receive a benefit payable at normal or early retirement, or he may elect to receive a refund of his account balance. A laid-off employee who has not earned a vested pension benefit shall receive a refund of his contributions to the pension plan and the interest earned thereon. A laid-off employee who has not earned a vested MAP benefit shall receive a refund of his MAP account balance. 23.7 An employee shall be recalled in reverse order of layoff had existing and established work-connected injuries, may not be denied re-employment during with the five (5) year call-back period last person laid off being returned to work first. If the employee is unable to return to work when recalled because of these work-connected injuries as existing and established physical or mental disability, the employee shall be temporarily bypassed. An employee who has been recalled after having been on layoff for more than twelve (12) months will be subject to a drug screen prior to this effective date of reinstatement. An employee recalled within twenty-four (24) months following layoff shall be deemed to be reinstated. The Department may require that the layoffrecalled employee attend an orientation program. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09-FY11

Appears in 1 contract

Sources: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 In The City recognizes the event principle of layoffs seniority. Seniority means that period from the employee’s most recent first day of compensated work for the City in connection with decreasing a position covered by this Agreement. An employee’s seniority can be broken so that no prior period of employment is counted. The employee’s seniority shall cease upon:  Justifiable discharge;  Voluntary quit;  Failure of the work force, and the recall employee to return to work after expiration of people so laid off, a temporary disability leave;  Leaving the following consideration shall governbargaining unit to accept a position with the City outside of the bargaining unit;  Failure of the employee to notify the City of his/her willingness to return to work upon recall from an indefinite layoff within fourteen (14) calendar days after receipt of written notice from the City at his last known address appearing on the City’s records; or  Layoff (a reduction in force) exceeding eighteen (18) months. Skill and ability as determined by reference May be extended at the discretion of the Fire Chief for up to one (1) additional year. The employee with the employee's work record, and shortest length of continuous service shall be the determining factors; however, employees in a position covered by this Agreement shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 year to 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layoff. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available workfirst. The City shall give provide two (2) weeks’ written notice to an employee prior to layoff. In the case of recall, those employees laid off employees ten (10) days notice last shall be recalled first. An employee on layoff must keep both the City and the Union informed of its intention the address and telephone number where he or she may be contacted. When the City is unable to rehire. The employees contact an employee who is on layoff for recall, the City shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehireUnion in writing. If an employee fails to notify neither the Union nor the City is able to contact the employee within the ten fourteen (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (1514) calendar days from the date of noticetime the Union is notified, he/she shall be considered permanently severed from the employ of the City. At ’s obligation to recall the time of a layoff the City employee shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment listcease. The City shall have no obligation to recall an employee after he/she has been on continuous layoff for a period of one (1) year. Should an employee not be obligated return to rehire laid off employees who work within fourteen (14) calendar days after recall, the City shall have been laid off for five (5) or more consecutive calendar years, beginning from the date of layoff. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior no further obligation to the layoffemployee to recall. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09-FY11

Appears in 1 contract

Sources: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 8.1 In the event of layoffs personnel reduction in connection with decreasing the work working force, and the recall to work of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's ’s work record, and length of service shall be the determining factors; however, employees shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 year to 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. For the purposes of personnel reduction, part-time employees, then probationary, then full-time employees shall be terminated, in this order, provided there are available employees remaining in the group with seniority who are willing and qualified to efficiently perform the work of those displaced. Employees having the same seniority within a category shall draw lots to determine the order of layofflay-off. No new employees shall be hired until all laid off employees have been given the opportunity to be re-hiredrehired. Employees who have been laid off will be offered re-employment in the inverse order of layoffs lay off when they are needed again, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City CITY shall give laid off employees ten (10) calendar days notice of its intention to rehire. The employees shall shall, within this ten (10) days period day period, notify the City CITY of their intention to, or not to, return to the employ of the City, CITY and shall report to work no later than fifteen (15) days from the receipt of said notice to rehire. If an employee fails to notify the City CITY within the ten (10) calendar day period of his/her his intentions to return to work, or fails to report to work within the fifteen (15) calendar days from the date of notice, he/she he shall be considered permanently severed from the employ of the CityCITY. At the time of a layoff rehire the City shall provide all laid off employees with a complete physical examination. At CITY may require, at the time of rehireCITY’S expense, the City may require a physical examination prior to the employee's ’s return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment reemployment and removed from the employment list. The City CITY shall not be obligated to rehire laid off employees who have been laid off for five more than eighteen (518) or more consecutive calendar yearsmonths, beginning from the date of layofflay off. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 8.2 Nothing in this ARTICLE Article shall limit the ability of the City CITY to provide for a compliment complement of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09-FY11Budget.

Appears in 1 contract

Sources: Collective Bargaining Agreement

PERSONNEL REDUCTION. Section 1 ‌ A. In the event case of layoffs reduction in connection with decreasing the work force, and personnel of members of the recall to work Fire Department of people so laid off, the following consideration shall govern. Skill and ability as determined by reference to the employee's work record, and length Town of service shall be the determining factors; howeverNorth Kingstown, employees with the least seniority shall be laid off by category of seniority. There shall be three (3) seniority categories: probationary, 1 year to 5 years seniority, and over 5 years seniority. In case of layoff, all employees in the lowest seniority category shall be laid off before proceeding to layoff of anyone in a more senior category. Where skill and ability within a category are approximately equal, length of service shall govern. Employees having the same seniority within a category shall draw lots to determine the order of layofffirst. No new employees in the Fire Department shall be hired until all employees that were previously laid off employees in all personnel reductions have first been given the opportunity to return to his position and work within the Fire Department. B. Employees who are laid off shall be re-hiredplaced on a recall list for a period of two (2) years. If there is a recall, employees who are on the recall list, and still qualified physically, shall be called in the inverse order of their layoff. Provided, however, said recalled employees shall be subjected to and pass successfully a physical examination, and said physical examination shall be the same medical and physical examination given to any new employee, but shall not include a so called “agility test”. C. Employees who are eligible for recall shall be given thirty calendar days' notice for recall. Notice of recall shall be sent to the employee by certified or registered mail with a copy to the Bargaining Agent, provided that the employee must notify the Personnel Director of the Town of North Kingstown of his intention to return within fourteen (14) days after receiving notice of recall. The Town shall be deemed to have fulfilled its obligations by mailing the recall notice by registered or certified mail, return receipt requested, to the mailing address provided by the employee, it being the obligation and responsibility of the employee to provide the Town with his latest mailing address. D. No employee shall be laid off unless they are given a two (2) weeks' notice by the Town prior to the effective date of the layoff. E. Employees who have been laid off will be offered re-employment in by the inverse order of layoffs when they are needed againTown upon recall by the Town, provided they are physically qualified and possess sufficient training and experience to perform the duties of the available work. The City shall give laid off employees ten (10) days notice of its intention to rehire. The employees shall within ten (10) days period notify the City of their intention to, or not to, return to the employ of the City, and shall report to work no later than fifteen (15) days from receipt of said notice to rehire. If an employee fails to notify the City within the ten (10) calendar day period of his/her intentions to return to work, or fails to report to work within fifteen (15) calendar days from the date of notice, he/she time while on layoff shall be considered permanently severed from counted as continuous service on the employ of the City. At the time of a layoff the City shall provide all laid off employees with a complete physical examination. At the time of rehire, the City may require a physical examination prior to the employee's return to duty, and it is expressly understood that any employee found physically unfit to return to duty may be refused re-employment and removed from the employment list. The City shall not be obligated to rehire laid off employees who have been laid off department for five (5) or more consecutive calendar years, beginning from the date of layoffpromotional purpose only. Section 2 Employees laid off under provisions of this ARTICLE, who at the time of layoff had existing and established work-connected injuries, may not be denied re-employment during the five (5) year call-back period because of these work-connected injuries as existing and established prior to the layoff. Section 3 Nothing in this ARTICLE shall limit the ability of the City to provide for a compliment of officers and departmental personnel deemed in the judgment of the Chief necessary for the proper administration of the affairs of the Department and as provided for within the Departmental budget. Collective Bargaining Agreement Dover Professional Firefighters Association FY09-FY11

Appears in 1 contract

Sources: Collective Bargaining Agreement