Common use of POSITION ABOLISHMENT Clause in Contracts

POSITION ABOLISHMENT. When a position becomes vacant due to the promotion, demotion, separation, death, resignation, transfer; reassignment of the incumbent, or for any reason, the Fire Chief shall have full discretion to determine whether the position is to be filled or to be abolished within thirty (30) business days of the vacancy. In the event that the Fire Chief determines to fill the position, the procedures regarding Filling of Positions as set forth in this agreement in Section 1 shall be followed. In the event that the Fire Chief determines to abolish a vacant position, the position shall be abolished and deleted from the Fire Department Listing (Table of Organization). In any such abolishment, neither the City nor the Civil Service Commission shall be required to hold an examination where no list of eligible candidates is in existence for such position. When a list of eligible candidates is in existence and the position to be abolished is vacant, promotion shall be effected according to this agreement from such list immediately prior to the abolishment of the position and recall rights shall ensue according to law. The employee promoted to the position to be abolished shall be demoted to the position occupied immediately prior to the promotion. Such promotion and abolishment shall not create any vacancy at any lower ranks that would require any other related promotions or examinations. When the abolishment of a vacant position occurs and there is no eligible list, no related demotions and/or layoffs are required. When the abolishment of a vacant position occurs, and there is a list, demotions back to positions occupied immediately prior to promotion shall occur according to law, but no related layoff shall be required. The Fire Chief shall also have full discretion in accord with the terms of this agreement to abolish any position that is filled. In the event the Fire Chief determines that a filled position should be abolished for managerial reasons including, without limit, reorganization for efficiency or economy or for lack of work or funds, he may do so upon Thirty (30) days written notice to the incumbent and the bargaining representative. When such an abolishment occurs, it shall be within the managerial discretion of the Fire Chief to determine whether related demotions and/or layoffs down through the ranks are required. It is expressly agreed that the contractual provisions contained in this section are intended to modify or replace the application of the statutory terms set forth in Ohio Revised Code §124.37, Ohio Revised Code §124.321 and any other statute or regulation related to abolishing uniformed civil service positions in the Fire Department. Any provision of Ohio Revised Code §124.37 and Ohio Revised Code §124.321 or related statutes or regulations which may apply to the abolishment of positions, which provision is in conflict with the terms of this Article, shall be null and suspended, shall be not binding upon these parties and shall be superseded and replaced by the terms of this article. This Article shall also modify or replace any subsequent legislative enactments or administrative regulations concerning the abolishment of such positions and in conflict with the provisions of this Article.