Demotions in Lieu of Layoff Clause Samples

Demotions in Lieu of Layoff a. In lieu of being laid off, an employee may elect demotion to a classification with a lower salary status in which the employee had previously served under permanent status provided that the employee has a greater hire date seniority in the classification than the incumbent employee. The employee shall be allowed to bump the employee with the least hire date seniority in the lower classification. b. Any employee will be automatically considered for demotion in lieu of layoff unless s/he indicates otherwise. The employee must notify the District in writing within five (5) working days after receiving layoff notice and rights to demotion. c. Any employee demoted pursuant to this rule shall receive the closest salary step of the new salary range of the classification which is closest to, but not greater than, the employee's present salary. d. An employee displaced pursuant to this rule shall have the same rights as persons laid off for lack of work or lack of funds.
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Demotions in Lieu of Layoff. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or to remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for reemployment for an additional period of up to 24 months; provided, that the same tests of fitness under which they qualified for appointment to the class shall still apply. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the option of the employee, returned to a position in their former class or to positions with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid reemployment list they shall be ranked on that list in accordance with their proper seniority.
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Demotions in Lieu of Layoff. 1. An employee designated for layoff must be demoted into a vacant lower classification for which he/she has not held regular status if the following conditions are met: a. The employee requests or otherwise agrees to the demotion, b. The employee meets the minimum qualifications of the lower position, and c. The City Manager concurs with the proposed action. d. Employees who are not currently serving in the Fire Department in a sworn position at the time of layoff may not request demotion into the Fire Department in a sworn position. e. Employees who are not currently serving in the Police Department in a sworn position at the time of the layoff may not request demotion into the Police Department in a sworn position. f. If there are two or more employees who meet the eligibility requirements specified in a – e above, and request demotion to the same position, the order of eligibility of demotion will be by City Seniority. If City Seniority is identical, demotion entitlement must be determined by drawing of lots. For Fire Department employees only, in the event of a tie, the tie breaker will be the person’s final examination score on the certified eligibility list that determined their classification/rank. Any additional criteria as to seniority for Fire employees will be at the discretion of the Fire Chief. 2. All employees who are demoted will be paid at the same rate of pay as prior to demotion, if, and only if, the base wage is within the range of the lower position. If this is not the case, the rate of pay must be within the salary range of the lower position which is closest to the rate of pay prior to demotion (see Rule 3.4(c) of the City’s Personnel Rules and Regulations). 3. An employee must accept a demotion within five (5) working days after receipt of a notice of demotion, by written notice to the Human Resources Manager. If acceptance is not exercised within the specified time period, an employee will automatically forfeit the ability to demote.
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Related to Demotions in Lieu of Layoff

  • Demotion in Lieu of Layoff The appointing authority shall determine by class, subject to review by the Director, whether demotion shall be afforded employees as an option in lieu of layoff. At the request of the appointing authority, a permanent employee shall, in lieu of layoff, be afforded the option of demotion within the same department to a position in a lower class, provided that no such demotion shall in turn require the layoff or demotion from such lower class of any employee whose layoff rating is at least as high as that of the demoting employee. A probationary employee may be afforded the opportunity to accept a demotion within the same department to a position in a lower class provided no such demotion shall in turn require the layoff of any employee in the lower class. Such probationer shall not become permanent in the lower class by this action except by completing a new full probation period in such lower class.

  • Retirement in Lieu of Layoff Any employee who was subject to being, or was in fact, laid off and who is qualified for and who elected service retirement from the Public Employees’ Retirement System shall be placed on an appropriate reemployment list. The District shall notify the Board of Administration of the Public Employees’ Retirement System of the fact that retirement was due to layoff. If he/she is subsequently subject to reemployment and accepts, in writing, the appropriate vacant position, the District shall maintain the vacancy, but may fill it on a temporary basis until the Board of Administration of the Public Employees’ Retirement System has properly processed his/her request for reinstatement from retirement.

  • REDUCTIONS IN FORCE Sec. 2401

  • Demotions By mutual agreement, a grievance falling into any of these categories may be placed into the expedited arbitration process.

  • Demotion and Layoff 10:1 In the event reduction of forces or curtailment of operation shall occur, employees shall be laid off in the reverse order of their Company seniority in the area in which they are working at the time of the reduction. The application of this Section to an employee working temporarily in an area shall apply only to the extent that it affects him/her in his/her regular area. 10:2 An employee who has six (6) months or more of continuous Company service and whose job is being eliminated, may request to displace an employee with less seniority than his/her own in the following sequence: (a) the employee in the same classification in the District who has the least seniority; (b) the employee in the lower classification in the District who has the least seniority; (c) no employee may displace another employee who has greater Company seniority than his/her own. 10:3 If Company cannot effect a displacement in accordance with Section 10:2 or if an employee requests not to take a demotion as provided in Section 10:2(b), an employee who has one (1) year or more continuous service with the Company may elect to displace an employee with less seniority than his/her own in the following sequence: (a) the employee in the same classification in the area working for the same customer who has the least seniority; (b) no employee may displace another employee who has greater seniority than his/her own, except as provided in Article 10:3(c) below; (c) Foremen and Climbers who possess a current commercial driver’s license, and airbrake endorsement when required by the Company, may displace the next *senior employee in their classification (*this senior employee shall be the least senior of those employees in the same classification by District) who has no commercial driver’s license and/or airbrake endorsement, if the vehicle of the crew being displaced requires an airbrake endorsement. In the event a ▇▇▇▇▇▇▇ is displaced subject to this Article, he/she shall be reclassified to the top climber classification. Foremen and climbers shall maintain all demotion and layoff rights to those crews consisting of vehicles they are licensed to operate. 10:4 The Company shall give employees whose jobs are eliminated as much notice as possible. Employees desiring to exercise the provisions of Section 10:2 or 10:3 shall give the Company notice of at least five (5) workdays. 10:5 If in the application of the provisions of this Article an employee in a classification which, in the normal line of progression, is higher than an Trainee classification can effect a displacement in such classification, the former shall not take such Trainee classification but shall be given the rate of classification next higher thereto.