General Layoff Procedures. When a layoff occurs, the following general rules shall apply: A. Layoff shall be by classification as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unit. B. Layoff may be by organizational unit of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safety, and by district for the Department of Natural Resources. C. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice. D. Affected employees shall be laid off in accordance with seniority, ability, and job performance. In the event ability and job performance are equal, seniority shall be controlling. The determination of the layoff order is subject to the grievance procedure commencing at Step 3. E. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to bump another less senior employee in the bargaining unit, to be exhausted in the following order: 1. To the same classification within the same division; 2. To the same classification within a different division; 3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing; 4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. 1. Layoff shall be statewide within a Department or layoff unit which existed on November 16, 1985, unless subsequently modified in secondary negotiations. Layoff units shall be defined in secondary negotiations upon request of either party.
2. Within a layoff unit, except where class clusters have been established by secondary negotiations, layoff shall be by Civil Service classification and level within a series by inverse seniority. Positions in a class series which contain automatic level changes shall be considered to be at the same class and level. Where clusters have been established through secondary negotiations layoff shall be by inverse seniority within the layoff unit and the cluster.
3. Seniority for purposes of layoff, bumping and recall shall be as set forth defined in Article II, Recognition and Union Security11, Section 1, Bargaining UnitA.
4. Excluded and non-exclusively represented employees as defined by the Civil Service Rules and Regulations shall be permitted to bump back into these Units under procedures outlined hereinafter.
B. Layoff may be by organizational unit of an agency or agency- wide. When layoff is by organizational unit of an agencya. All persons employed on January 13, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safety1983, and by district for the Department of Natural Resourcesshall retain full seniority based on their continuous service prior to that date.
C. Each employee affected by a reduction in force b. All persons who moved from the rank and file to an excluded or non-exclusively represented position prior to January 13, 1983, shall be notified in writing retain all continuous service hours for purposes of layoff at least twenty (20) calendar days prior seniority earned up to January 13, 1983, plus up to an additional 1,040 hours.
c. All persons who move from rank and file to an excluded or non-exclusively represented position after January 13, 1983, shall retain all continuous service hours for purposes of seniority earned up to the effective date of the layoff unless budgetary limitations require a lesser period of noticesuch appointment and thereafter up to 1,040 hours earned in such excluded position.
D. Affected 5. Seniority of excluded or non-exclusively represented employees for purposes of bumping into Human Services Bargaining Unit shall be laid off in accordance with senioritycomputed as follows:
a. All persons employed on November 24, ability1980, shall retain full seniority based on their continuous service prior to that date.
b. All persons who moved from the rank and job performance. In file to an excluded or non-exclusively represented position prior to November 24, 1980, shall retain all continuous service hours for purposes of seniority earned up to November 24, 1980, plus up to an additional 1,040 hours.
c. All persons who moved from the event ability rank and job performance are equalfile to an excluded or non-exclusively represented position after November 24, 1980, shall retain all continuous service hours for purposes of seniority shall be controlling. The determination of the layoff order is subject earned up to the grievance procedure commencing at Step 3.
E. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to bump another less senior employee in the bargaining unit, to be exhausted in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the effective date of such layoff because of a reduction appointment and thereafter up to 1,040 hours earned in forcesuch excluded position.
6. The names Employer may lay off and recall out of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority.line seniority because of:
a. Gender;
b. Manual communication skill;
c. Bilingual skill;
Appears in 3 contracts
Sources: Union Contract, Labor Contract, Union Contract
General Layoff Procedures. When a layoff or hours reduction occurs, the following general rules shall apply:
A. Layoff shall be by classification and subtitle as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unitthe job specifications.
B. Layoff may shall be by organizational unit unit. (General Government, Board of an agency or agency- wide. When layoff is by organizational unit of an agencyRegents, the organizational unit will be no smaller than as follows: by district or zone for the and Community Based Corrections, see Appendix B; Department of Public SafetyRevenue, and by district for see Appendix Q)
C. Employees may volunteer only with the Department agreement of Natural Resourcesthe President of AFSCME Iowa Council 61.
C. D. The Employer shall notify the Union at least sixty (60) calendar days in advance of any anticipated layoff.
E. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar working days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees F. Employees in the layoff unit shall be laid off in accordance with seniority, seniority and ability. Layoff shall be by seniority with the least senior employee being laid off first unless the least senior employee possesses special skills and ability required to meet the needs of the Employer, and job performancethat the senior employee must also possess the academic qualifications required for the position. In the event ability and job performance case of classifications which are equal, seniority shall be controlling. The determination used in research laboratories in academic departments of the layoff order is Board of Regents institutions, the Employer need not retrain an employee to acquire the skills specific to the research projects conducted.
G. The position occupied by the least senior employee in the classification subject to the grievance procedure commencing at Step 3layoff shall not be considered a vacancy pursuant to Article VII; therefore, this position shall not be posted for transfer.
E. H. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have elect bumping to the options to bump another less senior employee next lower classification in the bargaining unitlayoff unit in the same series as the classification in which layoffs are to be effected or, in the absence of a lower classification in the same series, to be exhausted a classification in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification layoff unit which the employee has formerly occupied while in the continuous employment employ of the agency, provided or in the absence of a classification in the layoff unit which the employee meets the qualifications and has left the formerly occupied classification while in good standing;
4. To a the continuous employ of the agency, to an equal or lower classification in the bargaining layoff unit in for which they meet the same department, provided minimum qualifications of the employee meets the qualificationsjob. After the employee has elected to bump, the The assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election election, which must be received or postmarked not no later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An The Employer shall notify the employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top writing of the transfer list for exact location of the district from position to be bumped into. After receipt of this notification, the employee shall again have five (5) calendar days in which to notify the Appointing Authority, in writing, to either accept the position or be laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, layoff shall have the right of reinstatement recall to the classification he or he/ she formerly occupied, provided he or he/she meets the qualifications of the position, before any other person may be promoted to, to or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) monthslayoff. Upon bumping, an employee shall retain his or his/her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class classification to which the employee bumps, his or his/her pay shall be reduced to that rate of pay. Additionally, if federal funds are involved, the employee upon bumping will receive the salary provided by the federal grant. In such an event, the Employer will make a good faith effort to obtain additional federal funds. Any employee laid off because of a reduction in force, force shall be offered a position in the class classification from which he or he/she was laid off, off provided he or he/she meets the minimum qualifications for the classificationposition, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen two (182) months of the date years of such layoff because of a reduction in force. Employees who are covered by another collective bargaining agreement cannot bump an employee covered by this Agreement.
I. The names Employer shall maintain a recall list of employees who were laid off by an Appointing Authority shall be placed on eligible lists. The name off, who exercised their bumping rights, or who made written notice to the Employer of their recovery from long-term disability or injury after the expiration of a permanent employee leave of absence:
1. Employees who exercised bumping rights shall be placed on the recall list for the class from which he or she is they were laid off.
2. Except Employees who are laid off or who make written notice to the Employer of their recovery from a long- term disability or injury shall be placed on the recall list for the class they held prior to layoff or disability. In addition, the employee may also designate up to fifteen (15) other classes, provided he/she meets the qualifications and/or passes the applicable DAS-HRE merit or BOR merit test, and the specific counties to which the employee will accept recall. The designation of classes or counties may be changed monthly by the employee through procedures agreed to by AFSCME Iowa Council 61 and the Employer. If an employee is recalled to a position in a classification which the employee has not previously held, the employee will serve a probation period. If the recalled employee fails to successfully complete the probation period, the employee will be laid off without bumping rights and placed on the recall list as provided in Article VI, Section 4, failure described above for a period of two (2) years.
3. Employees who refuse to accept a any reassignment in excess of twenty-five (25) miles of the original work site shall be placed on the recall list as described in numbers one (1) and two (2) above.
4. Failure to accept any position listed by the employee pursuant to number two (2) above when offered by certified mail within five (5) calendar days after notice of recall shall negate any further rights recall rights.
5. If a laid off employee accepts a temporary position, he/she shall remain on the recall list.
J. The determination of recall and the layoff order is subject to the grievance procedure commencing at Step 2. The implementation of such layoff shall not be delayed pending the resolution of such grievances.
K. Whenever a permanent vacancy as defined in Article VII, Section 5 occurs, before a new or temporary employee is hired, employees shall be considered as a voluntary resignation for purposes allowed to transfer or be recalled in the order set forth in Article VII, Section 6. (Board of seniority.Regents, see Appendix M)
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. 1. Layoff shall be by classification as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unitwork location or Agency.
B. Layoff may 2. Within a work location or Agency, layoff shall be by organizational unit of an agency Civil Service classification and level within a series; provided that preauthorized levels in a classification series shall be considered as one level as shown in Appendix C.
3. Employees within the affected work location or agency- wideAgency shall be laid off in inverse seniority. When layoff is by organizational unit of an agencyHowever, the organizational unit will be no smaller than as follows: by district Employer may lay off, bump, reassign or zone recall out-of-line seniority because of:
a. Manual communication skill for the Department of Public SafetyEducation. The Employer will not invoke this provision unless the performance standards have been outlined for the Union;
b. Treatment team composition requiring a minority group individual for treatment methodology (for Department of Health and Human Services, youth facilities only);
c. Civil Service Commission approved selective certification, which may include selective certification by sex or manual communication skill;
d. Maintaining an existing affirmative action plan in accordance with applicable law and approved in advance by district the state personnel director. The exceptions listed in a. through c. above shall only be made where there is a valid occupational requirement and no alternative exists for preferring the less senior employee. The Appointing Authority shall give the Local Union concurrent written notice when it requests approval from the Civil Service Commission for selective certification. Under no circumstances shall the exception listed in Subsection c. above form the basis for notice of layoff or recall out of line seniority until after the Local Union has been provided with a written copy of Civil Service Commission approval for such selective certification. In Subsection c. above, the Employer agrees that there will be no layoff (as defined in Article 22, Section Q.1.a.) out of line of seniority by sex during the life of this Agreement. The Employer shall give notice in writing of intent to utilize Subsections a - c above to the Union and shall negotiate with the Union about the impact of such determination and/or discuss alternatives thereto. No Department shall implement Subsection d. above without the involvement and agreement of the State Employer. Such negotiation requirements shall not serve to delay the implementation of the Employer's determination. The Appointing Authority shall give advance notice in writing of its intent to use such out-of-line seniority provision to enable the Union, upon request, to have sufficient time to discuss the impact of such determination.
4. During their terms in office, the Local Union President or Chapter Chairperson and the Chief ▇▇▇▇▇▇▇ shall be considered more senior than other members of the Bargaining Unit in their classification at their work location for the purposes of layoff and recall and, for seasonal employees in the Department of Natural ResourcesEducation, for the purpose of scheduling summer work. Not more than two (2) employees at any one work location or Agency shall be accorded such seniority status at any one time. Under no circumstances shall such Local Union representative be entitled to layoff protection until after such designation has been forwarded in writing to the Appointing Authority by the Local President. In no case shall a change in such designation occur after layoff notices have been sent if such change would affect layoff or bumping.
C. Each 5. No employee with Civil Service status in any classification shall be laid off from the affected classification until all employees without status in any classification who are employed in the affected classification are laid off.
6. It shall be the policy and practice of the Employer to recall laid-off full time employees to less-than-full-time positions if such employees are willing to accept less-than-full-time work before hiring any less-than-full-time employees. The Employer shall not use two or more less-than-full-time employees to fill one full time position formerly held by a reduction laid-off full time employee.
7. When the Employer elects to reduce the work force, employees within the affected classifications may request, in force writing, preferential layoff out of line seniority. Said requests shall be notified granted in writing seniority order. If granted, the Employer shall not contest the employee's eligibility for unemployment compensation. Nothing in this Section shall be construed to constitute a waiver of such employee's recall rights. The fifteen (15) calendar day notice requirement in Section A above shall be waived for employees requesting preferential layoff. Such employees shall not accrue seniority while on layoff.
8. Employees may continue their health insurance up to three years from date of layoff at least twenty their expense. The Employer shall notify all employees on their layoff notice fifteen (2015) calendar days prior to the effective layoff that they may, at their expense, continue their health insurance coverage up to a period of three (3) years from date of layoff at the layoff unless budgetary limitations require a lesser period of notice.
D. Affected group rate. The Employer shall also notify employees shall be laid off in accordance with senioritythat they may, abilityat their expense, continue their dental, vision, and job performance. In the event ability and job performance are equal, seniority shall be controlling. The determination of the layoff order is subject life insurance coverage up to the grievance procedure commencing at Step 3.
E. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to bump another less senior employee in the bargaining unit, to be exhausted in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen months from date of layoff at the group rate. Employees who are not eligible for Severance Pay in accordance with Article 22, Section Q may elect in writing to pre-pay their share of premiums for health, dental, and/or vision insurance for two (182) monthsadditional pay periods after layoff by having such premiums deducted from their last pay check. Any employee who elects to bump to a different classification The Employer shall pay the Employer's share of premiums for health, dental, vision, and life insurance for these two (2) pay periods for employees electing this option. Coverage for the above insurances shall then continue for these two (2) pay periods. This four (4) week period shall be included in the three (3) year or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) monthsmonth period.
9. Upon bumping, If a dismissed employee or improperly laid-off employee is reinstated by an employee shall retain his or her current rate of arbitrator with full back pay except that and benefits and if such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee would have been laid off because during the period of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for separation; such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on reinstated only up to the recall list for date he/she would have been laid off and the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and fifteen (15) day notification period shall be considered as a voluntary resignation waived for purposes of senioritythis purpose.
10. If an employee has been laid off improperly and the Employer corrects the error, such employee shall be made whole only up to the date he/she would have been laid off if no error had been made.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
General Layoff Procedures. When A. The Employer shall determine the location of positions and the number of employees which are to be laid off by class/level. Preauthorized levels in a layoff occurs, class series shall be considered as one level. The Employer shall then identify the following general rules shall apply:
A. least senior employee(s) at the work location where the layoff(s) are to occur who will be laid off or given the option to exercise their bumping rights as specified in Sections 5 and 6 of this Article. Layoff shall be by classification within the Layoff Unit as set forth listed in Article II, Recognition and Union Security, Section 1, Bargaining H. Within a Layoff Unit.
B. Layoff may , layoff shall be by organizational unit of an agency or agency- wideseniority as defined in Article 12, Section 2. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safety, and by district for the Department of Natural Resources.
C. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees Employees shall be laid off in least seniority order.
B. The Employer may lay off and recall out-of-line of seniority because of:
(1) Civil Service Commission approved selective certification, such as manual communication skill, bilingual skill, etc.
(2) Maintaining an existing affirmative action plan in accordance with applicable law and approved in advance by the State personnel director.
(3) The exceptions listed in (1) above shall only be made where there is a valid occupational requirement. The Employer shall give concurrent written notice to the Union when it requests selective certification for positions which require such valid occupational requirements.
C. By definition, promotion to supervisor constitutes the beginning of a new class/level series. All employees who were supervisors on February 17, 1981, shall keep their accumulated seniority for bumping purposes. After February 17, 1981, no new seniority, abilityaccrued as a supervisor, shall count for bumping back down into the Bargaining Unit.
D. Non-exclusively represented employees who have status in a Bargaining Unit class/level shall not be entitled to bump into this Bargaining Unit until they have exhausted all non-exclusively represented bumping rights as provided under the Civil Service Rules and Regulations and Civil Service approved Departmental Employment Preference Plans. Non-exclusively represented employees who have not gained status in a Bargaining Unit class/level shall not be entitled to bump into this Bargaining Unit, except as provided in Subsection C above for supervisors. Employees in this Bargaining Unit shall not be entitled to bump into a position outside of this Bargaining Unit, and job performanceemployees of other exclusively represented Bargaining Units shall have no right to bump into this Bargaining Unit unless the Union, the Employer, and the bargaining agent for such positions outside the Bargaining Unit, in their respective discretions, enter into an agreement to permit such inter-unit bumping, but then only in accordance with the terms of such trilateral agreement. In the event ability and job performance are equal, seniority Nothing herein shall be controlling. The determination of construed as an obligation for either the layoff order Employer or the Union to enter into such agreement with any party who is subject not a party to the grievance procedure commencing at Step 3this Agreement.
E. A permanent No employee with status in a classification in which layoffs are to his/her current class/level shall be effected may, in lieu of layoff, have laid off from the options to bump another less senior employee affected class/level until all employees without status in the bargaining unit, to be exhausted affected class/level who are employed in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which affected class/level are laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. Layoff ▇. ▇▇▇▇▇▇ shall be by classification as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unit.
B. Layoff ▇. ▇▇▇▇▇▇ may be by organizational unit of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department State Patrol, Division of Public SafetyCriminal Investigation, Fire Marshal, Division of Narcotics Enforcement, and by district for the Department of Natural Resources.
C. An agency may not lay off permanent employees until they have terminated all non-permanent employees within the layoff unit in the same classification in the following order: temporary, career development, and probationary. For purposes of layoff, for employees in the Department of Public Safety, the probationary period as used in this Section is the first twelve (12) months of employment as a peace officer in the bargaining unit. For employees in the Department of Natural Resources, it is the probationary period as defined in the Iowa Code and Administrative Regulations.
D. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. E. Affected employees shall be laid off in accordance with seniority, ability, and job performance. In the event ability and job performance are equal, seniority shall be controlling. The determination of the layoff order is subject to the grievance procedure commencing at Step 3.
E. F. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to bump another less senior employee in the bargaining unit, to be exhausted in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. 1. Layoff shall be by classification as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unitwork location or Agency.
B. Layoff may 2. Within a work location or Agency, layoff shall be by organizational unit of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safety, Civil Service classification and by district for the Department of Natural Resources.
C. Each employee affected by level within a reduction series; provided that preauthorized levels in force a classification series shall be notified considered as one level as shown in writing of layoff at least twenty (20) calendar days prior to Appendix C.
3. Employees within the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees affected work location or Agency shall be laid off in inverse seniority. However, the Employer may lay off, bump, reassign or recall out-of-line seniority because of:
a. Manual communication skill for the Department of Education. The Employer will not invoke this provision unless the performance standards have been outlined for the Union;
b. Treatment team composition requiring a minority group individual for treatment methodology (for Department of Human Services only);
c. Department of Civil Service approved selective certification, which may include selective certification by sex or manual communication skill;
d. Maintaining an existing affirmative action plan in accordance with seniority, ability, applicable law and job performanceapproved in advance by the state personnel director. The exceptions listed in a. through c. above shall only be made where there is a valid occupational requirement and no alternative exists for preferring the less senior employee. The Appointing Authority shall give the Local Union concurrent written notice when it requests approval from the Department of Civil Service for selective certification. Under no circumstances shall the exception listed in Subsection c. above form the basis for notice of layoff or recall out of line seniority until after the Local Union has been provided with a written copy of Civil Service approval for such selective certification. In Subsection c. above, the event ability and job performance are equalEmployer agrees that there will be no layoff (as defined in Article 22, Section Q.1.a.) out of line of seniority shall be controllingby sex during the life of this Agreement. The Employer shall give notice in writing of intent to utilize Subsections a - c above to the Union and shall negotiate with the Union about the impact of such determination and/or discuss alternatives thereto. No Department shall implement Subsection d. above without the involvement and agreement of the layoff order is subject State Employer. Such negotiation requirements shall not serve to delay the grievance procedure commencing at Step 3.
E. A permanent employee implementation of the Employer's determination. The Appointing Authority shall give advance notice in a classification in which layoffs are writing of its intent to be effected mayuse such out-of-line seniority provision to enable the Union, in lieu of layoff, have the options to bump another less senior employee in the bargaining unitupon request, to be exhausted in have sufficient time to discuss the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment impact of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;such determination.
4. To a lower classification During their terms in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bumpoffice, the assignment in Local Union President or Chapter Chairperson and the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and Chief ▇▇▇▇▇▇▇ shall be considered as a voluntary resignation more senior than other members of the Bargaining Unit in their classification at their work location for the purposes of seniority.layoff and recall and, for seasonal employees in the Department of Education, for the purpose of scheduling summer work. Not more than two
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Memorandum of Understanding
General Layoff Procedures. When a layoff or hours reduction occurs, the following general rules shall apply:
A. Layoff ▇. ▇▇▇▇▇▇ shall be by classification and subtitle as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unitthe job specifications.
B. Layoff may ▇. ▇▇▇▇▇▇ shall be by organizational unit as defined Appendix B. follows:
1. Regents: Institutions
2. Transportation: Motor Vehicle Enforcement Bureau – Statewide layoff unit Bureau of an Investigation & Identity Protection - Statewide layoff unit
C. An agency or agency- wide. When may not layoff is by organizational permanent employees until they have eliminated all non- permanent employees within the layoff unit of an agencyin the same classification in the following order: emergency, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safetytemporary, provisional, intermittent, trainee, and by district probationary. Employees in the layoff unit may volunteer for layoffs with the Department most senior volunteer(s) being accepted. Employees may volunteer only with the agreement of Natural Resourcesthe President of AFSCME Iowa Council 61.
C. D. The Employer shall notify the Union at least sixty (60) calendar days in advance of any anticipated layoff.
E. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar working days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees F. Employees in the layoff unit shall be laid off in accordance with seniority, seniority and ability. Layoff shall be by seniority with the least senior employee being laid off first unless the least senior employee possesses special skills and ability required to meet the needs of the Employer, and job performance. In that the event ability and job performance are equal, seniority shall be controlling. senior employee must also possess the academic qualifications required for the position.
G. The determination of position occupied by the layoff order is least senior employee in the classification subject to the grievance procedure commencing at Step 3layoff shall not be considered a vacancy pursuant to Article VII; therefore, this position shall not be posted for transfer.
E. H. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have elect bumping to the options to bump another less senior employee next lower classification in the bargaining unitlayoff unit in the same series as the classification in which layoffs are to be effected or, in the absence of a lower classification in the same series, to be exhausted a classification in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification layoff unit which the employee has formerly occupied while in the continuous employment employ of the agency, provided or in the absence of a classification in the layoff unit which the employee meets the qualifications and has left the formerly occupied classification while in good standing;
4. To a the continuous employ of the agency, to an equal or lower classification in the bargaining layoff unit in for which they meet the same department, provided minimum qualifications of the employee meets the qualificationsjob. After the employee has elected to bump, the The assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election election, which must be received or postmarked not no later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An The Employer shall notify the employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top writing of the transfer list for exact location of the district from position to be bumped into. After receipt of this notification, the employee shall again have five (5) calendar days in which to notify the Appointing Authority, in writing, to either accept the position or be laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, layoff shall have the right of reinstatement recall to the classification he or he/she formerly occupied, provided he or he/she meets the qualifications of the position, before any other person may be promoted to, to or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) monthslayoff. Upon bumping, an employee shall retain his or his/her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class classification to which the employee bumps, his or his/her pay shall be reduced to that rate of pay. Additionally, if federal funds are involved, the employee upon bumping will receive the salary provided by the federal grant. In such an event, the Employer will make a good faith effort to obtain additional federal funds. Any employee laid off because of a reduction in force, force shall be offered a position in the class classification from which he or he/she was laid off, off provided he or he/she meets the minimum qualifications for the classificationposition, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority.two
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. Layoff shall be by classification as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unit.
B. Layoff may be by organizational unit of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department State Patrol, Division of Public SafetyCriminal Investigation, Fire Marshal, Division of Narcotics Enforcement, and by district for the Department of Natural Resources.
C. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees shall be laid off in accordance with seniority, ability, and job performance. In the event ability and job performance are equal, seniority shall be controlling. The determination of the layoff order is subject to the grievance procedure commencing at Step 3.
E. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to bump another less senior employee in the bargaining unit, to be exhausted in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. Subd. 1. Layoff shall be by classification clinical unit and classification, considering seniority, with the least senior being laid off first. Seniority may be excepted as set forth in Article IInecessary to retain employees with the special skills, Recognition training and Union Security, Section 1, Bargaining Unitabilities required to meet the needs of the Employer.
B. Layoff may be by organizational unit Subd. 2. Regular employees with less than one (1) year of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safety, and by district for the Department of Natural Resources.
C. Each employee seniority affected by a reduction in force shall be notified in writing of layoff at least twenty thirty (2030) calendar days prior to in advance of the effective date of the layoff unless budgetary limitations require layoff, except in exceptional circumstances which disrupt the services of the hospital. Employees with at least one (1) year of seniority will receive at least sixty (60) calendar days notice of the effective date of the layoff. Employees with at least four (4) years of seniority will receive at least ninety (90) calendar days notice of the effective date of the layoff. Employees with at least eight (8) years of seniority will receive at least one-hundred and twenty (120) calendar days notice of the effective date of the layoff. The notice provision of this Subdivision will not apply if notice of such duration would seriously impair the financial integrity of a lesser period major administrative unit of noticethe Employer.
D. Affected employees shall be laid off in accordance Subd. 3. Employees who are given layoff notice will have priority status with seniority, ability, regard to vacant bargaining unit positions for which they are qualified and job performance. In the event ability and job performance which are equal, seniority shall be controlling. The determination of the layoff order is subject comparable to the grievance procedure commencing at Step 3.
E. A permanent employee in a classification in position (same paygrade or lower) from which layoffs they are to be effected maylaid off, in lieu of layoff, have the options to bump another less senior employee as specified in the bargaining unit, to be exhausted in the following order:Transfer Article.
1Subd. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to an available position in the classification he or she formerly occupied, provided he or she the employee meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for into such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) monthsEmployer. Upon bumpingreinstatement to another classification, an employee shall retain his or her the current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to classification into which the employee bumpsis reinstated, his or her the employee's pay shall be reduced to that rate of pay.
Subd. Any employee 5. The Employer will offer laid off because of a reduction in forcebargaining unit employees temporary work hours, shall be offered a position in to the class from extent such are available and for which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months is qualified.
Subd. 6. The determination of the date layoff order is subject to the grievance procedure commencing at Step 3. The implementation of such layoff because shall not be delayed pending the resolution of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of senioritysuch grievances.
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. 1. Layoff shall be by classification as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unitwork location or Agency.
B. Layoff may 2. Within a work location or Agency, layoff shall be by organizational unit of an agency Civil Service classification and level within a series; provided that preauthorized levels in a classification series shall be considered as one level as shown in Appendix C.
3. Employees within the affected work location or agency- wideAgency shall be laid off in inverse seniority. When layoff is by organizational unit of an agencyHowever, the organizational unit will be no smaller than as follows: by district Employer may lay off, bump, reassign or zone recall out-of-line seniority because of:
a. Manual communication skill for the Department of Public SafetyEducation. The Employer will not invoke this provision unless the performance standards have been outlined for the Union;
b. Treatment team composition requiring a minority group individual for treatment methodology (for Department of Human Services only);
c. Department of Civil Service approved selective certification, which may include selective certification by sex or manual communication skill;
d. Maintaining an existing affirmative action plan in accordance with applicable law and approved in advance by district the state personnel director. The exceptions listed in a. through c. above shall only be made where there is a valid occupational requirement and no alternative exists for preferring the less senior employee. The Appointing Authority shall give the Local Union concurrent written notice when it requests approval from the Department of Natural ResourcesCivil Service for selective certification. Under no circumstances shall the exception listed in Subsection c. above form the basis for notice of layoff or recall out of line seniority until after the Local Union has been provided with a written copy of Civil Service approval for such selective certification. In Subsection c. above, the Employer agrees that there will be no layoff (as defined in Article 22, Section Q.1.a.
C. Each employee affected ) out of line of seniority by a reduction in force sex during the life of this Agreement. The Employer shall be notified give notice in writing of intent to utilize Subsections a - c above to the Union and shall negotiate with the Union about the impact of such determination and/or discuss alternatives thereto. No Department shall implement Subsection d. above without the involvement and agreement of the State Employer. Such negotiation requirements shall not serve to delay the implementation of the Employer's determination. The Appointing Authority shall give advance notice in writing of its intent to use such out-of-line seniority provision to enable the Union, upon request, to have sufficient time to discuss the impact of such determination.
4. During their terms in office, the Local Union President or Chapter Chairperson and the Chief ▇▇▇▇▇▇▇ shall be considered more senior than other members of the Bargaining Unit in their classification at their work location for the purposes of layoff and recall and, for seasonal employees in the Department of Education, for the purpose of scheduling summer work. Not more than two (2) employees at any one work location or Agency shall be accorded such seniority status at any one time. Under no circumstances shall such Local Union representative be entitled to layoff protection until after such designation has been forwarded in writing to the Appointing Authority by the Local President. In no case shall a change in such designation occur after layoff notices have been sent if such change would affect layoff or bumping.
5. No employee with Civil Service status in any classification shall be laid off from the affected classification until all employees without status in any classification who are employed in the affected classification are laid off.
6. It shall be the policy and practice of the Employer to recall laid-off full time employees to less-than-full-time positions if such employees are willing to accept less-than-full-time work before hiring any less-than-full-time employees. The Employer shall not use two or more less-than-full-time employees to fill one full time position formerly held by a laid-off full time employee.
7. When the Employer elects to reduce the work force, employees within the affected classifications may request, in writing, preferential layoff out of line seniority. Said requests shall be granted in seniority order. If granted, the Employer shall not contest the employee's eligibility for unemployment compensation. Nothing in this Section shall be construed to constitute a waiver of such employee's recall rights. The fifteen (15) calendar day notice requirement in Section A above shall be waived for employees requesting preferential layoff. Such employees shall not accrue seniority while on layoff.
8. Employees may continue their health insurance up to three years from date of layoff at least twenty their expense. The Employer shall notify all employees on their layoff notice fifteen (2015) calendar days prior to the effective layoff that they may, at their expense, continue their health insurance coverage up to a period of three (3) years from date of layoff at the layoff unless budgetary limitations require a lesser period of notice.
D. Affected group rate. The Employer shall also notify employees shall be laid off in accordance with senioritythat they may, abilityat their expense, continue their dental, vision, and job performance. In the event ability and job performance are equal, seniority shall be controlling. The determination of the layoff order is subject life insurance coverage up to the grievance procedure commencing at Step 3.
E. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to bump another less senior employee in the bargaining unit, to be exhausted in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen months from date of layoff at the group rate. Employees who are not eligible for Severance Pay in accordance with Article 22, Section Q may elect in writing to pre-pay their share of premiums for health, dental, and/or vision insurance for two (182) monthsadditional pay periods after layoff by having such premiums deducted from their last pay check. Any The Employer shall pay the Employer's share of premiums for health, dental, vision, and life insurance for these two (2) pay periods for employees electing this option. Coverage for the above insurances shall then continue for these two (2) pay periods. This four (4) week period shall be included in the three (3) year or eighteen month period.
9. If a dismissed employee who elects to bump to a different classification or improperly laid-off employee is reinstated by an arbitrator with full back pay and benefits and if such employee would have been laid off during the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if separation; such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on reinstated only up to the recall list for date he/she would have been laid off and the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and fifteen (15) day notification period shall be considered as a voluntary resignation waived for purposes of senioritythis purpose.
10. If an employee has been laid off improperly and the Employer corrects the error, such employee shall be made whole only up to the date he/she would have been laid off if no error had been made.
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. Layoff ▇. ▇▇▇▇▇▇ shall be by classification as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unit.
B. Layoff ▇. ▇▇▇▇▇▇ may be by organizational unit of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department State Patrol, Division of Public SafetyCriminal Investigation, Fire Marshal, Division of Narcotics Enforcement, and by district for the Department of Natural Resources.
C. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees shall be laid off in accordance with seniority, ability, and job performance. In the event ability and job performance are equal, seniority shall be controlling. The determination of the layoff order is subject to the grievance procedure commencing at Step 3.
E. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to bump another less senior employee in the bargaining unit, to be exhausted in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff▇▇▇▇▇▇. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. Subd. 1. Layoff shall be by classification clinical unit and classification, considering seniority, with the least senior being laid off first. Seniority may be excepted as set forth in Article IInecessary to retain employees with the special skills, Recognition training and Union Security, Section 1, Bargaining Unitabilities required to meet the needs of the Employer.
B. Layoff may be by organizational unit Subd. 2. Regular employees with less than one (1) year of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safety, and by district for the Department of Natural Resources.
C. Each employee seniority affected by a reduction in force shall be notified in writing of layoff at least twenty thirty (2030) calendar days prior to in advance of the effective date of the layoff unless budgetary limitations require layoff, except in exceptional circumstances which disrupt the services of the hospital. Employees with at least one (1) year of seniority will receive at least sixty (60) calendar days notice of the effective date of the layoff. Employees with at least four (4) years of seniority will receive at least ninety (90) calendar days notice of the effective date of the layoff. Employees with at least eight (8) years of seniority will receive at least one-hundred and twenty (120) calendar days notice of the effective date of the layoff. The notice provision of this Subdivision will not apply if notice of such duration would seriously impair the financial integrity of a lesser period major administrative unit of noticethe Employer.
D. Affected employees shall be laid off in accordance Subd. 3. Employees who are given layoff notice will have priority status with seniority, ability, regard to vacant bargaining unit positions for which they are qualified and job performance. In the event ability and job performance which are equal, seniority shall be controlling. The determination of the layoff order is subject comparable to the grievance procedure commencing at Step 3.
E. A permanent employee in a classification in position (same paygrade or lower) from which layoffs they are to be effected maylaid off, in lieu of layoff, have the options to bump another less senior employee as specified in the bargaining unit, to be exhausted in the following order:Transfer Article.
1Subd. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to an available position in the classification he or she formerly occupied, provided he or she the employee meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for into such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) monthsEmployer. Upon bumpingreinstatement to another classification, an employee shall retain his or her the current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to classification into which the employee bumpsis reinstated, his or her the employee's pay shall be reduced to that rate of pay.
Subd. Any employee 5. The Employer will offer laid off because of a reduction in forcebargaining unit employees temporary work hours, shall be offered a position in to the class from extent such are available and for which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months is qualified.
Subd. 6. The determination of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on order is subject to the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority.grievance procedure commencing at Step
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff or hours reduction occurs, the following general rules shall apply:
A. ▇. ▇▇▇▇▇▇ shall be by classification and subtitle as set forth in the job specifications.
B. Layoff shall be by organizational unit. (General Government and Board of Regents see Appendix B; Community Corrections see Appendix B2; Department of Revenue see Appendix Q-7)
C. An agency may not layoff permanent employees until they have eliminated all non-permanent employees within the layoff unit in the same classification as set forth in Article IIthe following order: emergency, Recognition temporary, provisional, intermittent, trainee, and Union Security, Section 1, Bargaining Unitprobationary.
B. Layoff may be by organizational unit D. The Employer shall notify the Union at least sixty (60) calendar days in advance of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safety, and by district for the Department of Natural Resourcesany anticipated layoff.
C. E. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar working days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees F. Employees in the layoff unit shall be laid off in accordance with seniority, seniority and ability. Layoff shall be by seniority with the least senior employee being laid off first unless the least senior employee possesses special skills and ability required to meet the needs of the Employer, and job performancethat the senior employee must also possess the academic qualifications required for the position. In the event ability and job performance case of classifications which are equal, seniority shall be controlling. The determination used in research laboratories in academic departments of the layoff order is subject Board of Regents institutions, the Employer need not retrain an employee to acquire the skills specific to the grievance procedure commencing at Step 3research projects conducted.
E. G. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have elect bumping to the options to bump another less senior employee next lower classification in the bargaining unitlayoff unit in the same series as the classification in which layoffs are to be effected or, in the absence of a lower classification in the same series, to be exhausted a classification in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification layoff unit which the employee has formerly occupied while in the continuous employment employ of the agency, provided or in the absence of a classification in the layoff unit which the employee meets the qualifications and has left the formerly occupied classification while in good standing;
4. To a the continuous employ of the agency, to an equal or lower classification in the bargaining layoff unit in for which they meet the same department, provided minimum qualifications of the employee meets the qualificationsjob. After the employee has elected to bump, the The assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election election, which must be received or postmarked not no later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An The Employer shall notify the employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top writing of the transfer list for exact location of the district from position to be bumped into. After receipt of this notification, the employee shall again have five (5) calendar days in which to notify the Appointing Authority, in writing, to either accept the position or be laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, layoff shall have the right of reinstatement recall to the classification he or he/ she formerly occupied, provided he or he/she meets the qualifications of the position, before any other person may be promoted to, to or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) monthslayoff. Upon bumping, an employee shall retain his or his/her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class classification to which the employee bumps, his or his/her pay shall be reduced to that rate of pay. Additionally, if federal funds are involved, the employee upon bumping will receive the salary provided by the federal grant. In such an event, the Employer will make a good faith effort to obtain additional federal funds. Any employee laid off because of a reduction in force, force shall be offered a position in the class classification from which he or he/she was laid off, off provided he or he/she meets the minimum qualifications for the classificationposition, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen two (182) months of the date years of such layoff because of a reduction in force. Employees who are covered by another collective bargaining agreement cannot bump an employee covered by this Agreement.
H. The names Employer shall maintain a recall list of employees who were laid off by an Appointing Authority shall be placed on eligible lists. The name off, who exercised their bumping rights, or who made written notice to the Employer of their recovery from long-term disability or injury after the expiration of a permanent employee leave of absence:
1. Employees who exercised bumping rights shall be placed on the recall list for the class from which he or she is they were laid off.
2. Except Employees who are laid off or who make written notice to the Employer of their recovery from a long- term disability or injury shall be placed on the recall list for the class they held prior to layoff or disability. In addition, the employee may also designate up to fifteen (15) other classes, provided he/she meets the qualifications and/or passes the applicable DAS-HRE merit or BOR merit test, and the specific counties to which the employee will accept recall. The designation of classes or counties may be changed monthly by the employee through procedures agreed to by AFSCME/ Iowa Council 61 and the Employer. If an employee is recalled to a position in a classification which the employee has not previously held, the employee will serve a probation period. If the recalled employee fails to successfully complete the probation period, the employee will be laid off without bumping rights and placed on the recall list as provided in Article VI, Section 4, failure described above for a period of two (2) years.
3. Employees who refuse to accept a any reassignment in excess of twenty-five (25) miles of the original work site shall be placed on the recall list as described in numbers one (1) and two (2) above.
4. Failure to accept any position listed by the employee pursuant to number two (2) above when offered by certified mail within five (5) calendar days after notice of recall shall negate any further rights recall rights.
5. If a laid off employee accepts a temporary position, he/she shall remain on the recall list.
I. The determination of recall and the layoff order is subject to the grievance procedure commencing at Step 3. The implementation of such layoff shall not be delayed pending the resolution of such grievances.
J. Whenever a permanent vacancy as defined in Article VII, Section 5 occurs, before a new or temporary employee is hired, employees shall be considered as a voluntary resignation for purposes allowed to transfer or be recalled in the order set forth in Article VII, Section 6. (Board of seniority.Regents see Appendix M-3)
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. Layoff ▇. ▇▇▇▇▇▇ shall be by classification as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unit.
B. Layoff ▇. ▇▇▇▇▇▇ may be by organizational unit of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department State Patrol, Division of Public SafetyCriminal Investigation, Fire Marshal, Division of Narcotics Enforcement, and by district for the Department of Natural Resources.
C. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees shall be laid off in accordance with seniority, ability, and job performance. In the event ability and job performance are equal, seniority shall be controlling. The determination of the layoff order is subject to the grievance procedure commencing at Step 3.
E. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to bump another less senior employee in the bargaining unit, to be exhausted in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for qualificationsfor the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff or hours reduction occurs, the following general rules shall apply:
A. Layoff shall be by classification and subtitle as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unitthe job specifications.
B. Layoff may shall be by organizational unit as defined Appendix B. follows:
1) Regents: Institutions
2) Transportation: Motor Vehicle Enforcement Bureau – Statewide layoff unit Bureau of an Investigation & Identity Protection - Statewide layoff unit
C. An agency or agency- wide. When may not layoff is by organizational permanent employees until they have eliminated all non-permanent employees within the layoff unit of an agencyin the same classification in the following order: emergency, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safetytemporary, provisional, intermittent, trainee, and by district probationary. Employees in the layoff unit may volunteer for layoffs with the Department most senior volunteer(s) being accepted. Employees may volunteer only with the agreement of Natural Resourcesthe President of AFSCME Iowa Council 61.
C. D. The Employer shall notify the Union at least sixty (60) calendar days in advance of any anticipated layoff.
E. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar working days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees F. Employees in the layoff unit shall be laid off in accordance with seniority, seniority and ability. Layoff shall be by seniority with the least senior employee being laid off first unless the least senior employee possesses special skills and ability required to meet the needs of the Employer, and job performance. In that the event ability and job performance are equal, seniority shall be controlling. senior employee must also possess the academic qualifications required for the position.
G. The determination of position occupied by the layoff order is least senior employee in the classification subject to the grievance procedure commencing at Step 3layoff shall not be considered a vacancy pursuant to Article VII; therefore, this position shall not be posted for transfer.
E. H. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have elect bumping to the options to bump another less senior employee next lower classification in the bargaining unitlayoff unit in the same series as the classification in which layoffs are to be effected or, in the absence of a lower classification in the same series, to be exhausted a classification in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification layoff unit which the employee has formerly occupied while in the continuous employment employ of the agency, provided or in the absence of a classification in the layoff unit which the employee meets the qualifications and has left the formerly occupied classification while in good standing;
4. To a the continuous employ of the agency, to an equal or lower classification in the bargaining layoff unit in for which they meet the same department, provided minimum qualifications of the employee meets the qualificationsjob. After the employee has elected to bump, the The assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election election, which must be received or postmarked not no later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An The Employer shall notify the employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top writing of the transfer list for exact location of the district from position to be bumped into. After receipt of this notification, the employee shall again have five (5) calendar days in which to notify the Appointing Authority, in writing, to either accept the position or be laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, layoff shall have the right of reinstatement recall to the classification he or he/she formerly occupied, provided he or he/she meets the qualifications of the position, before any other person may be promoted to, to or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) monthslayoff. Upon bumping, an employee shall retain his or his/her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class classification to which the employee bumps, his or his/her pay shall be reduced to that rate of pay. Additionally, if federal funds are involved, the employee upon bumping will receive the salary provided by the federal grant. In such an event, the Employer will make a good faith effort to obtain additional federal funds. Any employee laid off because of a reduction in force, force shall be offered a position in the class classification from which he or he/she was laid off, off provided he or he/she meets the minimum qualifications for the classificationposition, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen two (182) months of the date years of such layoff because of a reduction in force. Employees who are covered by another collective bargaining agreement cannot bump an employee covered by this Agreement.
I. The names Employer shall maintain a recall list of employees who were laid off by an Appointing Authority shall be placed on eligible lists. The name off, who exercised their bumping rights, or who made written notice to the Employer of their recovery from long-term disability or injury after the expiration of a permanent employee leave of absence:
1. Employees who exercised bumping rights shall be placed on the recall list for the class from which he or she is they were laid off.
2. Except Employees who are laid off or who make written notice to the Employer of their recovery from a long-term disability or injury shall be placed on the recall list for the class they held prior to layoff or disability. In addition, the employee may also designate other classifications within the same classification series or equal or lower paygrade, provided he/she meets the qualifications and/or passes the applicable DAS- HRE merit or BOR merit test, and the defined organizational units to which the employee will accept recall. The designation of classes or organizational units may be changed monthly by the employee through procedures agreed to by AFSCME/Iowa Council 61 and the Employer. If an employee is recalled to a position in a classification which the employee has not previously held, the employee will serve a probation period. If the recalled employee fails to successfully complete the probation period, the employee will be laid off without bumping rights and placed on the recall list as provided in Article VI, Section 4, failure described above for a period of two (2) years.
3. Employees who refuse to accept a any reassignment in excess of twenty-five (25) miles of the original work site shall be placed on the recall list as described in numbers one (1) and two (2) above.
4. Failure to accept any position listed by the employee pursuant to number two (2) above when offered by certified mail within five (5) calendar days after notice of recall shall negate any further rights recall rights.
5. If a laid off employee accepts a temporary position, he/she shall remain on the recall list.
J. The determination of recall and the layoff order is subject to the grievance procedure commencing at Step 2. The implementation of such layoff shall not be delayed pending the resolution of such grievances.
K. Whenever a permanent vacancy as defined in Article VII, before a new or temporary employee is hired, employees shall be considered as a voluntary resignation for purposes of seniorityallowed to transfer or be recalled in the order set forth in Article VII.
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff or hours reduction occurs, the following general rules shall apply:
A. Layoff shall be by classification and subtitle as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unitthe job specifications.
B. Layoff may shall be by organizational unit of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows:
1) Regents Institutions
2) Motor Vehicle Enforcement – Statewide layoff unit
C. An agency may not layoff permanent employees until they have eliminated all non-permanent employees within the layoff unit in the same classification in the following order: by district or zone for the Department of Public Safetyemergency, temporary, provisional, intermittent, trainee, and by district for the Department of Natural Resourcesprobationary.
C. D. The Employer shall notify the Union at least sixty (60) calendar days in advance of any anticipated layoff.
E. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar working days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees F. Employees in the layoff unit shall be laid off in accordance with seniority, seniority and ability. Layoff shall be by seniority with the least senior employee being laid off first unless the least senior employee possesses special skills and ability required to meet the needs of the Employer, and job performance. In that the event ability and job performance are equal, seniority shall be controlling. The determination of senior employee must also possess the layoff order is subject to academic qualifications required for the grievance procedure commencing at Step 3position.
E. G. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have elect bumping to the options to bump another less senior employee next lower classification in the bargaining unitlayoff unit in the same series as the classification in which layoffs are to be effected or, in the absence of a lower classification in the same series, to be exhausted a classification in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification layoff unit which the employee has formerly occupied while in the continuous employment employ of the agency, provided or in the absence of a classification in the layoff unit which the employee meets the qualifications and has left the formerly occupied classification while in good standing;
4. To a the continuous employ of the agency, to an equal or lower classification in the bargaining layoff unit in for which they meet the same department, provided minimum qualifications of the employee meets the qualificationsjob. After the employee has elected to bump, the The assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election election, which must be received or postmarked not no later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An The Employer shall notify the employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top writing of the transfer list for exact location of the district from position to be bumped into. After receipt of this notification, the employee shall again have five (5) calendar days in which to notify the Appointing Authority, in writing, to either accept the position or be laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, layoff shall have the right of reinstatement recall to the classification he or he/ she formerly occupied, provided he or he/she meets the qualifications of the position, before any other person may be promoted to, to or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) monthslayoff. Upon bumping, an employee shall retain his or his/her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class classification to which the employee bumps, his or his/her pay shall be reduced to that rate of pay. Additionally, if federal funds are involved, the employee upon bumping will receive the salary provided by the federal grant. In such an event, the Employer will make a good faith effort to obtain additional federal funds. Any employee laid off because of a reduction in force, force shall be offered a position in the class classification from which he or he/she was laid off, off provided he or he/she meets the minimum qualifications for the classificationposition, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen two (182) months of the date years of such layoff because of a reduction in force. Employees who are covered by another collective bargaining agreement cannot bump an employee covered by this Agreement.
H. The names Employer shall maintain a recall list of employees who were laid off by an Appointing Authority shall be placed on eligible lists. The name off, who exercised their bumping rights, or who made written notice to the Employer of their recovery from long- term disability or injury after the expiration of a permanent employee leave of absence:
1. Employees who exercised bumping rights shall be placed on the recall list for the class from which he or she is they were laid off.
2. Except as Employees who are laid off or who make written notice to the Employer of their recovery from a long-term disability or injury shall be placed on the recall list for the class they held prior to layoff or disability. In addition, the employee may also designate up to fifteen (15) other classes, provided in Article VIhe/she meets the qualifications and/or passes the applicable DAS-HRE merit or BOR merit test, Section 4, failure and the specific counties to which the employee will accept recall. The designation of classes or counties may be changed monthly by the employee through procedures agreed to by AFSCME/Iowa Council 61 and the Employer. If an employee is recalled to a position when offered shall negate any further in a classification which the employee has not previously held, the employee will serve a probation period. If the recalled employee fails to successfully complete the probation period, the employee will be laid off without bumping rights and placed on the recall list as described above for a period of recall and shall be considered as a voluntary resignation for purposes of seniority.two
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff or hours reduction occurs, the following general rules shall apply:
A. Layoff shall be by classification and subtitle as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unitthe job specifications.
B. Layoff may shall be by organizational unit of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safety, and by district for the Department of Natural Resourcesunit.
C. An agency may not layoff permanent employees until they have eliminated all non-permanent emp layoff unit in the same classification in the following order: emergency, temporary, provisional, intermit probationary.
D. The Employer shall notify the Union at least sixty (60) calendar days in advance of any anticipated la
E. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar days 2 prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees F. Employees in the layoff unit shall be laid off in accordance with seniority, seniority and ability. Layoff shall be the least senior employee being laid off first unless the least senior employee possesses special skills an to meet the needs of the Employer, and job performancethat the senior employee must also possess the academic qualif for the position. In the event ability and job performance case of classifications which are equalused in research laboratories in academic de Board of Regents institutions, seniority shall be controlling. The determination of the layoff order is subject Employer need not retrain an employee to acquire the grievance procedure commencing at Step 3skills specifi projects conducted.
E. G. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to bump another less senior employee ele next lower classification in the bargaining unitlayoff unit in the same series as the classification in which layoffs are to the absence of a lower classification in the same series, to be exhausted a classification in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification layoff unit which the employee has th formerly occupied while in the continuous employment employ of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the The assignment in the classification will be at the classificatio Appointing Authority’s 's discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee lay must notify the Appointing Authority, in writing, of such election election, which must be received or postmarked not later than postmark five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An The Employer shall notify the employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top writing of the transfer list for exact location of the district from position to be bumped into this notification the employee shall again have five (5) calendar days in which to notify the Appointi writing, to either accept the position or be laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, layoff shall have the right of reinstatement recall to the classification he or she formerly occupied, provided he or he/she meets the qualifications of the position, before any other person may be promoted to, or a p new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) monthslayoff. Upon bumping, an employee bump shall retain his or his/her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class curr classification to which the employee bumps, his or his/her pay shall be reduced to that rate of pay. Additionally are involved, the employee upon bumping, will receive the salary provided by the federal grant. In su Employer will make a good faith effort to obtain additional federal funds. Any employee laid off because of a reduction in force, becaus force shall be offered a position in the class classification from which he or he/she was laid off, off provided he or he/she meets the minimum me qualifications for the classificationposition, before a new employee may be hired for such position by the Appointing Authority Appo enforcing the layoff, if such opening becomes available within eighteen two (182) months of the date years of such layoff because of force.
H. The Employer shall maintain a reduction in force. The names recall list of employees who were laid off by an Appointing Authority shall be placed on eligible listsoff, who exercised their bumpi made written notice to the Employer of their recovery from long-term disability or injury after the expira absence:
1. The name of a permanent employee Employees who exercised bumping rights shall be placed on the recall list for the class from which he the
2. Employees who are laid off or who make written notice to the Employer of their recovery from a lo or injury shall be placed on the recall list for the class they held prior to layoff or disability. In addition, the employee may also designate up to fifteen (15) other classes, provided he/she meets t and/or passes the applicable IDOP merit or BOR merit test, and the specific counties to which the emp recall. The designation of classes or counties may be changed monthly by the employee through proced AFSCME/Iowa Council 61 and the Employer. If an employee is recalled to a position in a classific employee has not previously held, the employee will serve a probation period. If the recalled e successfully complete the probation period, the employee will be laid offoff without bumping rights and pla list as described above for a period of two (2) years.
3. Except as provided in Article VI, Section 4, failure Employees who refuse to accept a any reassignment in excess of twenty-five (25) miles of the original placed on the recall list as described in numbers one (1) and two (2) above.
4. Failure to accept any position listed by the employee pursuant to number two (2) above when offered within five (5) calendar days after notice of recall shall negate any further rights recall rights.
5. If a laid off employee accepts a temporary position, he/she shall remain on the recall list.
I. The determination of recall and the layoff order is subject to the grievance procedure commencing at Step 3. The of such layoff shall not be considered delayed pending the resolution of such grievances.
J. Whenever a permanent vacancy as defined in Article VII, Section 5 occurs, before a voluntary resignation for purposes of seniority.new or tempora
Appears in 1 contract
Sources: Union Contract
General Layoff Procedures. When A. The Employer shall determine the location of positions and the number of employees which are to be laid off by class/level. Preauthorized levels in a layoff occurs, class series shall be considered as one level. The Employer shall then identify the following general rules shall apply:
A. least senior employee(s) at the work location where the layoff(s) are to occur who will be laid off or given the option to exercise their bumping rights as specified in Sections 5 and 6 of this Article. Layoff shall be by classification within the Layoff Unit as set forth listed in Article II, Recognition and Union Security, Section 1, Bargaining H. Within a Layoff Unit.
B. Layoff may , layoff shall be by organizational unit of an agency or agency- wideseniority as defined in Article 12, Section 2. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safety, and by district for the Department of Natural Resources.
C. Each employee affected by a reduction in force shall be notified in writing of layoff at least twenty (20) calendar days prior to the effective date of the layoff unless budgetary limitations require a lesser period of notice.
D. Affected employees Employees shall be laid off in least seniority order.
B. The Employer may lay off and recall out-of-line of seniority because of:
(1) Department of Civil Service approved selective certification, such as manual communication skill, bilingual skill, etc.
(2) Maintaining an existing affirmative action plan in accordance with applicable law and approved in advance by the State personnel director.
(3) The exceptions listed in (1) above shall only be made where there is a valid occupational requirement. The Employer shall give concurrent written notice to the Union when it requests selective certification for positions which require such valid occupational requirements.
C. By definition, promotion to supervisor constitutes the beginning of a new class/level series. All employees who were supervisors on February 17, 1981, shall keep their accumulated seniority for bumping purposes. After February 17, 1981, no new seniority, abilityaccrued as a supervisor, shall count for bumping back down into the Bargaining Unit.
D. Non-exclusively represented employees who have status in a Bargaining Unit class/level shall not be entitled to bump into this Bargaining Unit until they have exhausted all non-exclusively represented bumping as provided under the Civil Service Rules and Regulations and Civil Service approved Departmental Employment Preference Plans. Non-exclusively represented employees who have not gained status in a Bargaining Unit class/level shall not be entitled to bump into this Bargaining Unit, except as provided in Subsection C above for supervisors. Employees in this Bargaining Unit shall not be entitled to bump into a position outside of this Bargaining Unit, and job performanceemployees of other exclusively represented Bargaining Units shall have no right to bump into this Bargaining Unit unless the Union, the Employer, and the bargaining agent for such positions outside the Bargaining Unit, in their respective discretions, enter into an agreement to permit such inter-unit bumping, but then only in accordance with the terms of such trilateral agreement. In the event ability and job performance are equal, seniority Nothing herein shall be controlling. The determination of construed as an obligation for either the layoff order Employer or the Union to enter into such agreement with any party who is subject not a party to the grievance procedure commencing at Step 3this Agreement.
E. A permanent No employee with status in a classification in which layoffs are to his/her current class/level shall be effected may, in lieu of layoff, have laid off from the options to bump another less senior employee affected class/level until all employees without status in the bargaining unit, to be exhausted affected class/level who are employed in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which affected class/level are laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff or hours reduction occurs, the following general rules shall apply:
A. ▇. ▇▇▇▇▇▇ shall be by classification and subtitle as set forth in the job specifications.
B. Layoff shall be by organizational unit as defined Appendix B.
C. An agency may not layoff permanent employeesuntil they have eliminated all non-permanent employees withinthe layoff unit in the same classification as set forth in Article IIthe following order: emergency, Recognition temporary, provisional, intermittent,trainee, and Union Security, Section 1, Bargaining Unitprobationary. Employees in the layoff unit may volunteer for layoffs with the most senior volunteer(s)being accepted. Employees may volunteer only with theagreement of the President of AFSCME Iowa Council 61.
B. Layoff may be by organizational unit D. The Employer shall notify the Union at least sixty (60) calendar days in advance of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for the Department of Public Safety, and by district for the Department of Natural Resourcesany anticipated layoff.
C. E. Each employee affected by a reduction in force inforce shall be notified in writing of layoff at least twenty (20) calendar working days prior to the effective date of the layoff unless budgetary limitations require a lesser period of noticeofnotice.
D. Affected employees F. Employees in the layoff unit shall be laid off in accordance with seniority, seniority and ability. Layoff shall be by seniority with the least senior employee being laid off first unless the least senior employee possesses special skills and ability required to meet the needs of the Employer, and job performance. In that the event ability and job performance are equal, seniority shall be controlling. senior employee must also possess the qualifications required for the position.
G. The determination of position occupied by the layoff order is least senior employee in the classification subject to the grievance procedure commencing at Step 3layoff shall not be considered a vacancy pursuant to Article VII; therefore, this position shall not be posted fortransfer.
E. H. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have elect bumping to the options to bump another less senior employee next lower classification in the bargaining unit, layoff unit in the same series as the classification in which layoffs are to be exhausted effected or, in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment absence of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualificationsseries. After the employee has elected to bump, the The assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writinginwriting, of such election election, which must be received or postmarked not no later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided hereinprovidedherein. An The Employer shall notify the employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top writing of the transfer list for exact location of the district from position to be bumpedinto. After receipt of this notification, the employee shall again have five (5) calendar days in which to notify the Appointing Authority, in writing, to either accept the position or be laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, layoff shall have the right of reinstatement recall to the classification he or he/ she formerly occupied, provided he or he/she meets the qualifications of the position, before any other person may be promoted to, to or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) monthslayoff. Upon bumping, an employee shall retain his or his/her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class classification to which the employee bumps, his or his/her pay shall be reduced to that rate of pay. Additionally, if federal funds are involved, the employee upon bumping will receive the salary provided by the federal grant. In such an event, the Employer will make a good faith effort to obtain additional federal funds. Any employee laid off because of a reduction in force, force shall be offered a offereda position in the class classification from which he or he/she was laid off, off provided he or he/she meets the minimum qualifications for the classificationposition, before a new employee may be hired for such position by the Appointing Authority enforcing Authorityenforcing the layoff, if such opening becomes available within eighteen two (182) months of the date years of such layoff because of a reduction in force. Employees who are covered by anothercollective bargaining agreement cannot bump an employeecovered by this Agreement.
I. The names Employer shall maintain a recall list of employees who were laid off by an Appointing Authority shall be placed on eligible lists. The name off, who exercised their bumping rights, or who made written notice to the Employer of their recovery from long-term disability or injury after the expiration of a permanent employee leave of absence:
1. Employees who exercised bumping rights shall be placed on the recall list for the class from which he or she is they were laid off.
2. Except as provided in Article VI, Section 4, failure Employees who are laid off or who make written notice to the Employer of their recovery from a long-term disability or injury shall be placed on the recall list for the class they held prior to layoff or disability. Employees who refuse to accept a any reassignment in excess of twenty-five (25) miles of the original work site shall be placed on the recall list as described in numbers one (1) and two (2) above.
3. Failure to accept any position listed by the employee pursuant to number two (2) above when offered by certified mail within five (5) calendar days after notice of recall shall negate any further rights recall rights.
4. If a laid off employee accepts a temporary position, he/she shall remain on the recall list.
J. When a decision is made by the Employer to contract or subcontract work which would result in the layoff of bargaining unit members, the State agrees to a notification and discussion with the Union notless than sixty (60) days in advance of the implementation. For purposes of this paragraph only, employees laid off as a result of a decision to contract or subcontract work may identify specific counties to which the employee will accept recall. All other recall and provisions of (I) above shall apply.
K. The determination of the layoff order is subject to the grievance procedure commencing at Step 2. The implementation of such layoff shall not be delayed pending the resolution of such grievances.
L. Whenever a permanent vacancy as defined in Article VII occurs, before a new or temporary employee is hired, employees shall be considered as a voluntary resignation for purposes allowed to transfer or be recalled in the order set forth in Article VII. (Board of seniority.Regents, see Appendix D.)
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. 1. Layoff shall be statewide within a Department or by classification geographic and/or organizational layoff units as set forth provided in Article II, Recognition and Union Security, Section 1, Bargaining Unit.
B. Layoff may be by organizational unit of an agency or agency- wide. When layoff is by organizational unit of an agency, the organizational unit will be no smaller than as follows: by district or zone for departmental plans on file with the Department of Public SafetyCivil Service on November 24, and by district for the Department 1980, unless subsequently modified in secondary negotiations. Layoff units shall be defined in secondary negotiations upon request of Natural Resourceseither party.
C. Each employee affected 2. Within a layoff unit, except where the use of approved class clusters have been established by a reduction in force secondary negotiations, layoff shall be notified by Civil Service classification and level within a series by inverse seniority. Positions in writing a class series which contain automatic level changes shall be considered to be at the same class and level. Where the use of approved class clusters have been established through secondary negotiations layoff at least twenty shall be by inverse seniority within the layoff unit and the approved class cluster.
3. No permanent employee shall be laid off until all limited-term and temporary non- career appointments in the same classification (20and approved class cluster, if negotiated in secondary negotiations) calendar days and lay-off unit are terminated.
4. Seniority for purposes of layoff, bumping and recall shall be as defined in Article 11, Section A.
5. Excluded employees and eligible employees, as defined by the Civil Service Rules and Regulations, who are not exclusively represented shall be permitted to bump back into these Bargaining Units under procedures outlined hereinafter.
6. Seniority of excluded employees and eligible employees who are not exclusively represented for purposes of bumping into the Labor and Trades and/or the Safety and Regulatory Units shall be computed as follows:
a. All persons employed on November 24, 1980, shall retain full seniority based on their continuous service prior to that date.
b. All persons who moved from the rank and file to an excluded or eligible non- exclusively represented position prior to November 24, 1980, shall retain all continuous service hours for purposes of seniority earned up to November 24, 1980, plus up to an additional 1,040 hours.
c. All persons who moved from the rank and file to an excluded or eligible non- exclusively represented position after the effective date of the Agreement shall retain all continuous service hours for purposes of seniority earned up to the effective date of the layoff unless budgetary limitations require a lesser period of noticesuch appointment and thereafter up to 1,040 hours earned in such excluded or eligible non-exclusively represented position.
D. Affected employees 7. The Employer may lay off and recall out-of-line seniority because of:
a. Gender;
b. Manual communication skill;
c. Bilingual skill;
d. Department of Civil Service approved sub-class code (selective certification); The exceptions listed in a. through d. shall only be laid off made where there is a valid occupational requirement and no alternative exists for preferring the less senior employee. The Employer shall give notice of such intent to MSEA and in accordance with seniorityCivil Service Rules and Regulations, abilityupon request shall meet and confer with MSEA about the impact of such determination. No Department except one headed by a Constitutionally elected officer shall implement Subsection e. above, without the involvement and job performance. In the event ability and job performance are equal, seniority shall be controlling. The determination agreement of the layoff order is subject to the grievance procedure commencing at Step 3State Employer.
E. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to bump another less senior employee in the bargaining unit, to be exhausted in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen (18) months. Any employee who elects to bump to a different classification or the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on the recall list for the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and shall be considered as a voluntary resignation for purposes of seniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Layoff Procedures. When a layoff occurs, the following general rules shall apply:
A. 1. Layoff shall be by classification as set forth in Article II, Recognition and Union Security, Section 1, Bargaining Unitwork location or Agency.
B. Layoff may 2. Within a work location or Agency, layoff shall be by organizational unit of an agency Civil Service classification and level within a series; provided that preauthorized levels in a classification series shall be considered as one level as shown in Appendix C.
3. Employees within the affected work location or agency- wideAgency shall be laid off in inverse seniority. When layoff is by organizational unit of an agencyHowever, the organizational unit will be no smaller than as follows: by district Employer may lay off, bump, reassign or zone recall out-of-line seniority because of:
a. Manual communication skill for the Department of Public SafetyEducation. The Employer will not invoke this provision unless the performance standards have been outlined for the Union;
b. Treatment team composition requiring a m inority group individual for treatment methodology (for Department of Human Services only);
c. Department of Civil Service approved selective certification, which may include selective certification by sex or manual communication skill;
d. Maintaining an existing affirmative action plan in accordance with applicable law and approved in advance by district the state personnel director. The exceptions listed in a. through c. above shall only be made where there is a valid occupational requirement and no al ternative exists for preferring the less senior employee. The Appointing Authority shall give the Local Union concurrent written notice when it requests approval from the Department of Natural ResourcesCivil Service for selective certification. Under no c ircumstances shall the exception listed in Subsection c. above form the basis for notice of layoff or recall out of line seniority until after the Local Union has been provided with a written copy of Civil Service approval for such selective certification. In Subsection c. above, the Employer agrees that there will be no layoff (as defined in Article 22, Section Q.1.a.
C. Each employee affected ) out of line of seniority by a reduction in force sex during the life of this Agreement. The Employer shall be notified give notice in writing of intent to utilize Subsections a - c above to the Union and shall negotiate with the Union about the impact of such determination and/or discuss alternatives thereto. No Department shall implement Subsection d. above without the involvement and agreement of the State Employer. Such negotiation requirements shall not serve to delay the implementation of the Employer's determination. The Appointing Authority shall give advance notice in writing of its intent to use such out-of-line seniority provision to enable the Union, upon request, to have sufficient time to discuss the impact of such determination.
4. During their terms in office, the Local Union President or Chapter Chairperson and the Chief ▇▇▇▇▇▇▇ shall be considered more senior than other members of the Bargaining Unit in their classification at their work location for the purposes of layoff and recall and, for seasonal employees in the Department of Education, for the purpose of scheduling summer work. Not more than two (2) employees at any one work location or Agency shall be ac corded such seniority status at any one t ime. Under no circumstances shall such Local Union representative be entitled to layoff protection until after such designation has been forwarded in writing to the Appointing Authority by the Local President. In no case shall a change in such designation occur after layoff notices have been sent if such change would affect layoff or bumping.
5. No employee with Civil Service status in any classification shall be laid off from the affected classification until all employees without status in any classification who are employed in the affected classification are laid off.
6. It shall be the policy and practice of the Employer to recall laid-off full time employees to less-than-full-time positions if such employees are willing to accept less-than-full-time work before hiring any less-than-full-time employees. The Employer shall not use two or more less-than-full-time employees to fill one full time position formerly held by a laid-off full time employee.
7. When the Employer elects to reduce the work force, employees within the affected classifications may request, in writing, preferential layoff out of line seniority. Said requests shall be granted in seniority order. If granted, the Employer shall not contest the employee's eligibility for unemployment compensation. Nothing in this Section shall be c onstrued to constitute a w aiver of such employee's recall rights. The fifteen (15) calendar day notice requirement in Section A above shall be waived for employees requesting preferential layoff. Such employees shall not accrue seniority while on layoff.
8. Employees may continue their health insurance up to three years from date of layoff at least twenty their expense. The Employer shall notify all employees on their layoff notice fifteen (2015) calendar days prior to the effective layoff that they may, at their expense, continue their health insurance coverage up to a period of three (3) years from date of layoff at the layoff unless budgetary limitations require a lesser period of notice.
D. Affected group rate. The Employer shall also notify employees shall be laid off in accordance with senioritythat they may, abilityat their expense, continue their dental, vision, and job performance. In the event ability and job performance are equal, seniority shall be controlling. The determination of the layoff order is subject life insurance coverage up to the grievance procedure commencing at Step 3.
E. A permanent employee in a classification in which layoffs are to be effected may, in lieu of layoff, have the options to bump another less senior employee in the bargaining unit, to be exhausted in the following order:
1. To the same classification within the same division;
2. To the same classification within a different division;
3. To a classification which the employee has formerly occupied while in the continuous employment of the agency, provided the employee meets the qualifications and has left the formerly occupied classification in good standing;
4. To a lower classification in the bargaining unit in the same department, provided the employee meets the qualifications. After the employee has elected to bump, the assignment in the classification will be at the Appointing Authority’s discretion; however, such assignment shall not be permitted if the result thereof would be to cause the bumping of a permanent employee with greater seniority. To exercise the right of bumping, in lieu of layoff, the employee must notify the Appointing Authority, in writing, of such election which must be received or postmarked not later than five (5) calendar days after receiving notice of layoff. Any permanent employee displaced under these provisions shall have the right of election as provided herein. An employee who elects to bump in accordance with option 1 (Article VI, Section 2F) will be placed at the top of the transfer list for the district from which laid off. The employee will be eligible to transfer prior to any other employee who has a transfer request on file for that district for a period of eighteen months from date of layoff at the group rate. Employees who are not eligible for Severance Pay in accordance with Article 22, Section Q may elect in writing to pre-pay their share of premiums for health, dental, and/or vision insurance for two (182) monthsadditional pay periods after layoff by having such premiums deducted from their last pay check. Any The Employer shall pay the Employer's share of premiums for health, dental, vision, and life insurance for these two (2) pay periods for employees electing this option. Coverage for the above insurances shall then continue for these two (2) pay periods. This four (4) week period shall be included in the three (3) year or eighteen month period.
9. If a dismissed employee who elects to bump to a different classification or improperly laid-off employee is reinstated by an arbitrator with full back pay and benefits and if such employee would have been laid off during the same classification in a different division, in lieu of layoff, shall have the right of reinstatement to the classification he or she formerly occupied, provided he or she meets the qualifications of the position, before any other person may be promoted to, or a new employee hired for such classification by the Appointing Authority enforcing the layoff for a period of eighteen (18) months. Upon bumping, an employee shall retain his or her current rate of pay except that if separation; such rate of pay is higher than the highest rate currently paid for the class to which the employee bumps, his or her pay shall be reduced to that rate of pay. Any employee laid off because of a reduction in force, shall be offered a position in the class from which he or she was laid off, provided he or she meets the minimum qualifications for the classification, before a new employee may be hired for such position by the Appointing Authority enforcing the layoff, if such opening becomes available within eighteen (18) months of the date of such layoff because of a reduction in force. The names of employees laid off by an Appointing Authority shall be placed on eligible lists. The name of a permanent employee shall be placed on r einstated only up t o the recall list for date he/she would have been laid off and the class from which he or she is laid off. Except as provided in Article VI, Section 4, failure to accept a position when offered shall negate any further rights of recall and fifteen (15) day notification period shall be considered as a voluntary resignation waived for purposes of senioritythis purpose.
10. If an employee has been laid off improperly and t he Employer corrects the error, such employee shall be made whole only up to the date he/she would have been laid off if no error had been made.
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Sources: Memorandum of Understanding