Common use of SENIORITY AND LAYOFF Clause in Contracts

SENIORITY AND LAYOFF. 6.1 In the event the Board, in its discretion, determines that a permanent reduction of classified employees in the bargaining unit is necessary the following procedure shall apply. 6.2 Seniority shall be defined as the total length of service as a classified employee within the District from the most recent date of hire. For accounting purposes, all authorized paid leave will be counted toward seniority; authorized, unpaid leaves of absence will not count towards seniority, but will not break seniority. Classified employees who are laid off and subsequently recalled shall retain cumulative seniority for all periods worked except for the period of layoff. 6.3 When a layoff occurs within the bargaining unit, the Association and those employees affected will be notified not less than 30 calendar days prior to the effective date of the reduction. 6.4 Any reduction in force will be within a layoff grouping (see classification groups 6.9) and will first be made in any temporary employees (subject to Article 6.12), followed by probationary employees and then regular employees in order of their seniority within the District. Laid off employees will not be paid any salary or benefits during the period of layoff. Notwithstanding, a laid off employee may, at his/her own expense, continue insurance coverage, subject to the approval of the insurance carrier. 6.5 A regular employee who would otherwise be laid off (within the definition of seniority in section 6.2) may displace an employee in a lower classification (within the layoff grouping of the eliminated position) as long as two (2) conditions are met: A. The employee has greater District seniority than the person to be displaced; and B. The employee had at least satisfactory district evaluations while employed in the previous classification and is otherwise determined to be qualified to perform the duties of the lower classification position.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY AND LAYOFF. 6.1 In the event the Board, in its discretion, determines that a permanent reduction of classified employees in the bargaining unit A. Seniority is necessary the following procedure shall apply. 6.2 Seniority shall be defined as the total length of continuous service as a classified with the Employer. Continuous service includes only those periods when an employee within is on the District from the most recent date of hire. For accounting purposes, all authorized paid leave will be counted toward seniority; authorized, unpaid leaves of absence will not count towards seniority, but will not break seniority. Classified employees who are laid off and subsequently recalled shall retain cumulative seniority for all periods worked except for the period of layoff. 6.3 When a layoff occurs within the bargaining unit, the Association employer’s active payroll and those employees affected will be notified not less than 30 calendar days prior to the effective date of the reduction. 6.4 Any reduction in force will be within a layoff grouping (see classification groups 6.9) and will first be made in any temporary employees (subject to Article 6.12), followed by probationary employees and then regular employees in order of their seniority within the District. Laid off employees will not be paid any salary or benefits during the period of layoff. Notwithstanding, a laid off employee may, at his/her own expense, continue insurance coverage, subject to the approval of the insurance carrier. 6.5 A regular employee who would otherwise be laid off (within the definition of seniority in section 6.2) may displace periods when an employee in a lower classification (within the layoff grouping is: a) on leave of the eliminated positionabsence; b) as long as two (2on layoff; c) conditions are met: A. The employee has greater District seniority than the person to be displaced; and B. The employee had at least satisfactory district evaluations while employed in the previous classification absent from and is otherwise determined to be qualified unable to perform the duties of his position by reason of a disability resulting from illness or occupational injury or disease; d) such other periods of service, if any, as the lower Civil Service Law requires to be treated as part of the employee’s continuous service. If two or more employees are hired or appointed on the same date, their relative seniority shall be in the order of their hiring appointment, as the case may be, by the appointing or hiring official. B. Subject to applicable provisions of the Civil Service Law, if any, an employee loses their seniority only when one or more of the following occurs: they resign (unless they are reinstated within the period permitted by any provision of the Civil Service Law), they are discharged, they retire, they refuse a recall. An employee’s years of seniority are not affected (continue to accrue) when the employee changes job classifications. C. Seniority shall be the determining factor in the assignment of personal days and weekends. Vacation applications will be made in the month of May for the next fiscal year and will be granted based on seniority. All other requests will be filled on a first come, first serve basis. D. For layoff purposes, an employee’s seniority shall determine the order to be followed. The employee with the least seniority in the affected job classification positionshall be the first to be laid off until the total number of employees required to decrease forces shall be established. Having exhausted his seniority in his current classification, the laid off employee shall exercise his seniority to displace any employee with lesser seniority than he in other classifications he has previously held or classifications in the same promotional ladder, provided that in any such case the employee is capable of performing all the duties of the job held by the employee he is displacing and is available to work the same schedule of hours as that employee is working. Recalls shall be in the inverse order of layoffs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY AND LAYOFF. 6.1 12.01 In the event the Board, in its discretion, determines that a permanent all cases of reduction of classified employees staff, job postings and in cases of promotion other than to appointments to supervisory positions, promotions and transfers to higher paid jobs, the following factors shall be considered: a) Seniority; b) Skill, competence, efficiency, merit and ability. When in the bargaining unit is necessary opinion of the following procedure Employer the factors in b) above are relatively equal, factor a) shall apply. 6.2 Seniority govern. All job vacancies shall be defined as the total posted for seven (7) days from Monday to Monday unless mutually agreed otherwise 12.02 Employees who have been laid off due to reduction of staff, and subsequently re- employed, will have their length of service as a classified employee within determined by the District from actual time they have been on the most recent date of hire. For accounting purposesemployer's payroll, all authorized paid leave will be counted toward seniority; authorized, unpaid leaves of absence will not count towards seniority, but will not break seniority. Classified provided such employees who are laid off return to work when notified and subsequently recalled shall retain cumulative seniority for all periods worked except for the period of layoff. 6.3 When a layoff occurs within the bargaining unit, the Association and those employees affected will be notified not less than 30 calendar days prior to the effective date of the reduction. 6.4 Any reduction in force will be within a layoff grouping (see classification groups 6.9) and will first be made in any temporary employees (subject to Article 6.12), followed by probationary employees and then regular employees in order of their seniority within the District. Laid off employees will not be paid any salary or benefits during the period of layoff. Notwithstanding, a laid off employee may, at his/her own expense, continue insurance coverage, subject to the approval conditions of section 12.03 and 12.04 below. 12.03 An employee who has been off the payroll for a continuous period of twenty-four (24) months or more will lose any previously acquired seniority and will be re-hired as new employee. 12.04 Any employee who has been laid off but still retains seniority and is notified to return to work shall do so as soon as possible. Any employee shall lose his seniority if he does not: 1. Notify the employer of his intention to return to work within seven (7) days or, 2. Return to work within fourteen (14) days of the insurance carriermailing or other communication of such notice. Notice mailed by registered mail to the last address left with the employer shall be notice under this section. 6.5 A regular 12.05 Any employee who would otherwise be laid off (within shall lose his seniority standing if he voluntarily quits his employment with the definition of seniority in section 6.2) may displace an employee in a lower classification (within Employer; if he is discharged for cause and is not reinstated pursuant to the layoff grouping provisions of the eliminated position) as long as grievance and arbitration procedures of this Agreement; or if he is absent from work without leave for more than two (2) conditions are met: A. The employee has greater District seniority than the person to be displaced; and B. The employee had at least satisfactory district evaluations while employed consecutive days, unless in the previous classification opinion of the Employer; there was reasonable justification for such absence. 12.06 Any employee away from work because of sickness, who has properly reported such sickness, will not have his service record disturbed and his seniority will accumulate. Any employee's reinstatement after sick leave will be conditional upon his supplying, when requested, satisfactory medical that he has fully recovered from the sickness which caused his absence, and is otherwise determined to be qualified able to perform the duties of the lower classification positionhis regular duties.

Appears in 1 contract

Sources: Collective Agreement