Common use of Bumping Rights and Procedures Clause in Contracts

Bumping Rights and Procedures. 1. A permanent employee who is laid off from a class and who has previous service in an equal or lower class shall have the right to bump an employee with less seniority in the lower class. 2. A permanent employee who is subject to layoff for lack of work or lack of funds despite the exercising of bumping rights in order to avoid layoff, may accept a voluntary demotion to a vacant position in a lower class or transfer to an equal class, provided the employee is qualified to perform the duties thereof and provided, further, that the Board of Trustees approves the voluntary demotion. An employee who has been demoted in lieu of layoff shall be placed on that salary range of the lower class that is closest to the employee’s present salary in the class from which the employee was demoted. 3. The number of assigned months of work per year shall have no bearing or effect upon bumping rights. For example, a twelve-month employee may displace a ten-month employee and vice versa. 4. A probationary employee has bumping rights in a lower class in which permanency has been established. 5. Temporary, restricted or substitute employees shall have no bumping rights.