Common use of Designation of Classification for Layoff Clause in Contracts

Designation of Classification for Layoff. (1) Classification for layoff purposes is the employee’s classification of record on the date the seniority list is frozen. (2) Classification changes (reallocations, reclassifications) approved for implementation after the seniority list is frozen, but before the layoff effective date, will not be implemented until the day after the layoff date at the earliest and shall not be arbitrarily delayed. (3) Both the incumbent and bumping in employee cannot equally benefit from a successful change resulting from reallocation change, whether requested by the Agency or employee appeal (e.g., both be reallocated, both have recall rights to the higher class, etc.). (A) Bumped-out employees should benefit from reallocation for pay purposes up to the layoff date and be eligible for recall back to the reallocated class. (B) Bumping-in employees should receive benefit for pay purposes beginning the effective date of landing in the new class until or unless management removes the higher level duties. Recall rights should be to the employee’s former classification, rather than to the newly designated class for the bumped into position. (4) Both the incumbent and bumping-in employee cannot equally benefit from a successful Agency requested reclassification or employee initiated classification appeal. (A) Bumped-out employees should benefit from reclassification for pay purposes up to the layoff date. (B) Bumping-in employees should receive benefit for pay purposes beginning the effective date of landing in the new class until or unless management removes the higher level duties. Recall rights should be to the employee’s former classification, rather than to the newly designated class for the bumped into position. (5) Pay will be reconciled, as appropriate, for employees laid off or bumped-out of positions affected by a successful reallocation or reclassification.