Common use of DEMOTIONS AND LAYOFFS Clause in Contracts

DEMOTIONS AND LAYOFFS. (a) It is the parties' intent that a senior employee will not be laid off before a junior employee without reasonable justification from the established history of poor job performance documented through disciplinary action, above the level of a verbal warning, balanced against the employee's seniority. Only discipline issued within 3 years of the demotion or layoff may be considered by the Company. Disciplinary actions that are being challenged through the grievance procedure shall not be considered until there is a final determination on said grievance. (b) If demotions become necessary due to reduction of the force, the determining factors shall be seniority and performance record based on disciplinary history as described in subparagraph (a). Employees with the least job seniority will be demoted first, except as described in subparagraph (a). If Job seniority is equal, length of service in line of progression shall govern, and if length of service in line of progression is equal, seniority in this bargaining unit shall govern, and if seniority in this bargaining unit is equal, Company Service shall govern. (c) If an employee is demoted within a line of progression for any reason, all length of employment in higher job classifications within such line of progression shall be added to the employee's Job seniority in the job classification to which the employee is demoted. (d) Layoffs from a line of progression due to reduction in the force shall be made from the starting job classification within the line of progression according to seniority in this bargaining unit, except as described in subparagraph (a), after necessary demotions have been made. (Employees in the Transmission and Distribution Clerical Department and the Internal Services Clerical Department as of February 13, 1980, will be considered as a common group for layoff purposes only from the bottom jobs under Article V of the current Agreement.) (In the event of demotions or layoffs due to reduction in the force the clerical employees who were members of the Administrative Services Department prior to the reorganization (incumbents as of May 9, 1988), will be treated as a common work group.) (e) Layoffs from the Company due to reduction of the force from job classifications not in a line of progression shall be made according to seniority in this bargaining unit, except as described in subparagraph (a). If the layoff will result in the employee being able to replace/displace another employee, as provided in (f) below, the layoff will be made according to job seniority. (f) An employee scheduled for demotion or layoff due to reduction in force may, if qualified, use any job seniority the employee has in another job classification, or in the same job classification but in another line of progression, to replace an employee with less job seniority in that job classification. (g) When vacancies occur in job classifications from which employees have been demoted, transferred or laid off, they shall be filled by recalling such demoted, transferred or laid off employees who are eligible and qualified, as long as such employees are available. An employee who refuses recall to a temporary or regular vacancy shall have no further recall or seniority rights in the job classification involved. A copy of each recall notice shall be sent to the Union promptly. Such employees shall be recalled in the reverse order in which they were demoted, transferred or laid off. If an employee is so recalled and does not report for work within two weeks after notice of recall shall have been mailed to the employee at the employee's last known address, the employee shall have no further recall or seniority rights in the job classification involved. (h) A regular employee scheduled to be laid off due to reduction in force will be given two weeks notice prior to the layoff.

DEMOTIONS AND LAYOFFS. (a) It is the parties' intent that a senior employee will not be laid off before a junior employee without reasonable justification from the established history of poor job performance documented through disciplinary action, above the level of a verbal warning, balanced against the employee's seniority. Only discipline issued within 3 years of the demotion or layoff may be considered by the Company. Disciplinary actions that are being challenged through the grievance procedure shall not be considered until there is a final determination on said grievance. (b) If demotions become necessary due to reduction of the force, the determining factors shall be seniority and performance record based on disciplinary history as described in subparagraph (a). Employees with the least job seniority will be demoted first, except as described in subparagraph (a). If Job seniority is equal, length of service in line of progression shall govern, and if length of service in line of progression is equal, seniority in this bargaining unit shall govern, and if seniority in this bargaining unit is equal, Company Service shall govern. (c) If an employee is demoted by the City within a line of progression for any reason, all length of employment in higher job classifications within such line of progression shall be added to the employee's his Job seniority Service in the job classification to which the employee he is demoted. (db) If an employee is demoted within a line of progression at his own request, he must remain in the job classification to which he is demoted for at least six (6) months before using his Job Service for promotional purposes. In such a case all length of employment in higher job classifications within such line of progression shall be added to his Job Service in the job classification to which he is demoted. (c) Layoffs from a line of progression due to reduction in the force shall be made from the starting job classification within the line of progression according to seniority in this bargaining unit, except as described in subparagraph (a), City Service after necessary demotions have been made. (Employees Any employee unwilling to accept demotion or transfer to accomplish the above, regardless of his position in the Transmission and Distribution Clerical Department and the Internal Services Clerical Department as line of February 13, 1980progression, will be considered as a common group for layoff purposes only from the bottom jobs under Article V of the current Agreementlaid off. (d) (In the event of demotions or layoffs Layoffs due to reduction in the force the clerical employees who were members of the Administrative Services Department prior to the reorganization (incumbents as of May 9, 1988), will be treated as a common work group.) (e) Layoffs from the Company due to reduction of the force from job classifications not in a line of progression shall be made according to seniority in this bargaining unit, except as described in subparagraph (a). If the layoff will result in the employee being able to replace/displace another employee, as provided in (f) below, the layoff will be made according to job seniorityUtility Service. (fe) An employee scheduled for demotion or layoff due to reduction in force may, if qualifiedqualified by education, experience and demonstrated ability, use any job seniority the employee Utility Service he has in another job classification, or in the same job classification but in another line of progression, to replace an employee with less job seniority Utility Service in that any job classification. (gf) When vacancies occur in job classifications from which employees have been demoted, transferred or laid offoff (due to lack of work), they shall be filled by recalling such demoted, transferred or laid off employees who are eligible and qualified, as long as such employees are available. An employee who refuses recall to a temporary or regular vacancy shall have no further recall or seniority rights in , before the job classification involvedis filled in any other way. A copy of each recall notice shall be sent to the Union promptly. Such employees shall be recalled in the reverse order in which they were were. demoted, transferred or laid off. If an employee is so recalled and does not report for work within two (2) weeks after notice of or recall shall have been mailed to the employee him at the employee's his last known address, the employee he shall have no further recall or seniority rights in the job classification involved. (hg) A regular employee scheduled to be laid off due to reduction in force will be given two weeks sixty (60) days’ notice prior to the layoff.