Common use of Elimination of Positions Clause in Contracts

Elimination of Positions. 1. A full time employee(s) whose position(s) has been eliminated shall have the following bumping rights with reference to his presently assigned job classification: a. He may displace the full time employee with the least classification seniority, or, if this least senior employee's position is for fewer scheduled hours than his former position, he may displace that employee with the least classification seniority holding a position for which the scheduled hours are equal to those of his former position. In the event there is no such position equal in hours held by a less senior employee, he may displace a junior employee holding the position nearest (but less than) the scheduled hours of his former position which junior employee shall be least senior employee assigned such hours or exercise the bumping rights enumerated in subsection 2 of this section. b. If the elimination of a position(s) is accomplished by the combining of positions, the combined position(s) shall be offered to the affected employees in order of greatest classification seniority. If the affected full time employee(s) refuse the combined position(s), the full time employee(s) with the least classification seniority shall be assigned to the combined position(s) and the senior full time employee(s) shall have the bumping rights enumerated in the preceding paragraph. If such combined position(s) is for fewer hours than the former position(s) held by the junior full time employee(s), the junior employee(s) shall also have the bumping rights enumerated in the preceding paragraph. 2. A full time employee(s) laid off or bumped from his presently assigned job classification shall have the following bumping rights: a. With reference to his presently assigned job category: 1) He may exercise his higher classification(s) seniority which he holds within his present job category to displace the employee with the least classification seniority within this higher job classification(s). 2) He may exercise his category seniority to displace the employee with the least category seniority in any of the lower job classification(s) within his job category, or, if this least senior employee's position is for fewer scheduled hours than his former position, he may displace that full time employee with the least category seniority in any of the lower job classification(s) within his job category holding a position for which the scheduled hours are equal to those of his former position. In the event there is no such position equal in hours held by a less senior employee, he may displace a junior employee in any of the lower job classification(s) within his job category holding a position nearest (but less than) the scheduled hours of his former position which junior employee shall be the least senior employee assigned such hours. In the event a full time employee elects this option, his applicable category seniority which he holds at that time shall be counted toward the classification seniority which he accumulates in the lower job classification. b. With reference to his other job category seniority: He may exercise his other category seniority which he holds to displace the employee with the least category seniority within the job classification formerly held or any of the lower job classification(s) within this job category. 1) If the laid off or bumped full time employee selects any of the bumping rights enumerated in this section, the full time employee must fill any open position in the applicable job classification and/or category, if one exists, rather than displace a full time employee, provided the number of scheduled hours in the open position is equal to or greater than the number of scheduled hours in the position held by an employee he might otherwise displace. 2) Full time employees who are bumped in accordance with the provisions of this section shall be afforded all of the rights and options enumerated in this section.

Elimination of Positions. 1. A full time A. An employee(s) whose position(s) has been eliminated or who has been bumped shall have the right to exercise, within five (5) working days, the following bumping rights with reference to his his/her presently assigned job classification: a. He may displace 1. To bump the full time employee with the least classification seniority, or, if . If this least senior employee's ’s position is for fewer scheduled hours and/or months than his his/her former position, he may displace he/she shall have the right to bump that employee with the least classification seniority holding a position for which the scheduled hours and/or months are equal to those of his his/her former position. In the event there is no such position equal in hours and/or months held by a less senior employee, he may displace he/she shall have the right to bump a junior less senior employee holding the position nearest (nearest, but less than) , the scheduled hours and/or months of his his/her former position which junior the less senior employee shall be the least senior employee assigned such hours or and/or months. In addition, he/she may exercise the bumping rights enumerated in subsection 2 Part B of this sectionSection. b. 2. If the elimination of a position(stwo (2) is accomplished by the combining of positionsor more positions are to be combined, the combined position(s) shall be offered to the affected employees employee(s) in order of greatest classification seniority. If the The affected full time employee(s) refuse the combined position(s), the full time employee(s) with the least classification seniority shall be assigned choosing not to accept the combined position(s) and the senior full time employee(s) or unable to accept because of classification seniority shall have the bumping rights enumerated in the preceding paragraphPart 1 above. 3. If such combined To go on layoff status. B. A custodial department employee(s) whose position(s) is for fewer hours than the former position(s) held by the junior full time employee(s), the junior employee(s) shall also have the bumping rights enumerated in the preceding paragraph. 2. A full time employee(s) laid off has been eliminated or who has been bumped from his his/her presently assigned custodial job classification shall have the right to exercise, within five (5) working days, the following bumping rights: a. With rights with reference to his presently assigned job categoryhis/her other custodial classification seniority(ies) which he/she holds: 1. To exercise any other custodial classification seniority(ies), if at least one (1) He may exercise his higher classification(s) year, which he/she holds to bump the employee with the least classification seniority with lesser classification seniority within the applicable classification. If this least senior employee’s position is for fewer hours and/or months than the position from which he holds he/she was laid off, he/she shall have the right to bump the employee with the least classification seniority with lesser classification seniority within his present job category the applicable classification holding a position for which the hours and/or months are equal to displace those of the position from which he/she was laid off. However, in the event there is no position equal to hours and/or months held by a less senior employee, he/she shall have the right to bump an employee with lesser classification seniority within the applicable classification holding a position nearest, but less than, the hours and/or months of the position from which he/she was laid off provided that such less senior employee shall be the employee with the least classification seniority within this higher job classification(s)the applicable classification assigned such hours and/or months. 2. To go on layoff status. If the custodial department employee does not qualify for Part B, option 1 above, he/she shall have the right to exercise, within five (5) He may exercise his category seniority working days, the following rights with reference to displace his/her unit seniority: a. To bump the Custodial I classification employee with the least category unit seniority in any of with lesser unit seniority within the lower job classification(s) within his job category, or, if bargaining unit. If this least senior employee's ’s position is for fewer scheduled hours and/or months than his former positionthe position from which he/she was laid off, he may displace that full time he/she shall have the right to bump the Custodial I classification employee with the least category seniority in any of with lesser unit seniority within the lower job classification(s) within his job category bargaining unit holding a position for which the scheduled hours and/or months are equal to those of his former positionthe position from which he/she was laid off. In However, in the event there is no such position equal in hours and/or months held by a less senior Custodial I classification employee, he may displace a junior he/she shall have the right to bump the Custodial I classification employee in any of with lesser unit seniority within the lower job classification(s) within his job category bargaining unit holding a position nearest (nearest, but less than) , the scheduled hours and/or months of his former the position from which junior he/she was laid off, provided that such less senior Custodial I classification employee shall be the least senior employee assigned such hours. In the event a full time employee elects this option, his applicable category seniority which he holds at that time shall be counted toward the classification seniority which he accumulates in the lower job classification. b. With reference to his other job category seniority: He may exercise his other category seniority which he holds to displace the employee with the least category unit seniority within the job classification formerly held or any of the lower job classification(s) within this job categorybargaining unit assigned such hours and/or months. 1) If the laid off or bumped full time employee selects any of the bumping rights enumerated in this section, the full time employee must fill any open position in the applicable job classification and/or category, if one exists, rather than displace a full time employee, provided the number of scheduled hours in the open position is equal to or greater than the number of scheduled hours in the position held by an employee he might otherwise displaceb. To go on layoff status. 2) Full time employees who are bumped in accordance with the provisions of this section shall be afforded all of the rights and options enumerated in this section.