- Pre-Reduction in Force Action Clause Samples

- Pre-Reduction in Force Action. A. A reduction in force of employees may only be effected by the Employing Agency when such action is based upon any of the following reasons: (1) a reorganization for the efficient operation of the Employing Agency; (2) for lack of funds or lack of work to sustain current staffing; (3) for reasons of economy; a reduction in force may be either of temporary (less than one year) or permanent (more than one year) duration. At least forty-five (45) days prior to the anticipated effective date of a reduction in force, the Association must be afforded an opportunity to meet with the Employing Agency. At this meeting, the Association must be provided a written rationale, with supporting documentation if any has been prepared, setting forth the basis for the reduction in force. At this meeting, the Employing Agency must also inform the Association of the anticipated classification(s) where reductions may occur, the particular position(s) and appointment types which may be reduced, the names of employee(s) in the classification(s) where the reduction is anticipated with the seniority dates of employees within the classification(s) and series affected, the expected duration of the reduction in force, the facility or facilities to be affected and a listing of any vacancies which might be available for displacement. Either at this meeting or within ten (10) days thereafter, the Association shall be provided an opportunity to challenge the rationale offered and/or to discuss the reduction in force with the Employing Agency so as to offer suggestions as to how the reduction in force may be avoided or its impact lessened. Input from the Association shall be seriously considered before any final decision is made as to a reduction in force. Within five (5) days after the Association provides its input, but no later than thirty (30) days prior to the proposed effective date of the reduction in force, the Employing Agency shall make a final decision as to whether it will effect a reduction in force. Such final decision shall be communicated to the Association. If a reduction in force is to be effected, the Employing Agency shall supply to the Association a written rationale, with supporting documentation if any, revised if necessary, setting forth the basis for the final decision. The Association shall also be provided with a final listing of the classification(s) where reduction in force will occur, the particular position(s) and appointment types, names of employees affec...