Layoff and Recall. 1.1 If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff: 1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position. 1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment. 1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff: A. Account Clerk B. Bus/Pupil/Staff Support Aide/Inventory Aide C. Head Bus Driver D. Bus Driver E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary L. PT Floating Custodian (8 Hours per week) M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:
Appears in 4 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Layoff and Recall. 1.1 A. Layoff means a reduction in the working force due to a decrease of work or limitation or reduction in operating funds or any other condition beyond the control of the Board.
B. If it becomes necessary to reduce for a layoff, all part-time employees followed immediately by full-time probationary employees within the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force classifications will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves Seniority employees laid off from their positions will have bumping rights within their classification on the basis of absence do their department seniority and will be entitled to bump the employee with the least department seniority currently in that classification. Lateral bumping must be requested, in writing, within ten (10) calendar days from the notice of layoff.
C. Any employee not constitute an interruption possessing the necessary department seniority or desiring to bump laterally as outlined in continuous service. In (B.) above may opt to exercise their seniority by bumping the case of identical employee with the least department seniority, order providing the position is equal in pay or in a lower classification than the employee currently holds and the employee meets the qualifications for the position. Classification ranking will be determined on the basis of hire will prevail as evidenced by adoption of wage rates on the Board Resolution of employmentSalary Schedule.
1.1.3 D. An employee not possessing the necessary seniority to bump within a department can exercise seniority gained in a former department and bump the employee with the least seniority in a previously held or lower classification.
E. Any employee who assumes a new job assignment due to the layoff procedure will also assume the salary rate for that position.
F. Employees to be laid off will have at least fourteen (14) calendar days notice of their intended layoff. The following classifications Chairperson and Chief ▇▇▇▇▇▇▇ shall receive a list of employees being laid off.
G. Employees laid off through the procedure as stated in this Article shall be used maintained on a recall list for the purpose a period of defining classification two (2) years or length of seniority in the event District, whichever is shorter and shall be recalled in reverse order of their layoff:.
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health AideThe Employer may transfer within the departmental classifications on a District-wide basis where operating staff in one or more buildings is reduced due to layoff.
I. MaintenanceNotice of recall shall be sent to the employee at his/her last known address by registered or certified mail. If an employee fails to report for work within fourteen (14) calendar days from date of mailing of recall notice, Custodian Ihe/she shall be considered as having quit.
J. Each employee is responsible for keeping the Employer advised, Groundskeeperin writing, of any change of address and will not be excused for failure to report for work on recall if he/Custodianshe fails to receive recall notice because of his/her own failure to advise the Employer, Custodian IIin writing, Custodian III, J. Network Coordinatorof his/her change of address.
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance SecretaryThe Employer shall have no obligation to recall probationary employees who may be laid off.
L. PT Floating Custodian (8 Hours per week)It is clearly understood that any individual laid off shall automatically terminate and suspend the Employer’s obligation to salary or fringe benefits under this collective bargaining agreement or any other agreement.
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace Should an employee with less be offered a full-time position and refuse such appointment, he/she will lose his/her right to remain on the seniority in:recall list and shall be considered as having quit.
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Layoff and Recall. 1.1 If it becomes necessary (a) In the event of layoff, the Hospital shall designate the positions to reduce be redundant. Employees shall then have bumping rights on the number basis of their seniority within their classification, providing that there remain on the job employees in a job classification due who then have the ability to abolishment of positions, lack of perform the work, return on a part- time or full-time basis as required by the Hospital. Full and part-time layoff and recall rights shall be separate except as amended in 14:05 (b).
(b) A full-time employee who is subject to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, layoff shall have the following procedure shall govern such layoffright to either:
1.1.1 The number of people affected by reduction in (i) accept the force will be kept to layoff; or
(ii) displace a minimum by not employing replacements insofar as practical for employees full-time employee who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off. An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid-off first. Authorized leaves employee is within 1% of absence do not constitute an interruption in continuous servicethe laid-off employee's straight time hourly wage rate. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification event that there are no full-time employees with lesser seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (lower or identical paying classifications as defined in Article Xthis article, Section 1.1.1) the laid-off employee whose contract has been suspended on account of a reduction in force will have the right to displace an employee with less lesser seniority, who is the least senior employee in a classification provided he can perform the duties without training other than orientation. Such employee so displaced shall be laid off. In the event that there are no full-time employees with lesser seniority in:in lower or identical paying classifications as defined in this article, the laid-off employee will have the right to displace a regular part-time employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off.
(iii) The decision of the employee to choose (a) or (b) above shall be given in writing to the designated hospital representative within ten
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary 8.1 All layoffs and recalls shall be based on group seniority.
8.2 The Association shall immediately be notified by the Board when the specific position(s) to reduce be eliminated or reduced have been identified. Such notification shall include the number reasons for the action and, if known, the time schedule for implementation. Each employee being affected by the layoff or reduction shall be notified by the Board in writing within forty-eight (48) hours of employees in the notification to the Association, and if possible, five (5) weeks notice, but no less than two (2) weeks prior to the implementation of the layoff or reduction. In no instance shall the individual employee be notified of a job classification due layoff prior to abolishment of positions, lack of work, return notification to duty of regular employees from a leave of absence, building closing the Association.
8.3 When layoffs or a projected deficit in financial resources as substantiated by current financial statementsreductions are required during the school year for Classroom Assistants or for Clerks at any time, the following procedure procedure(s) shall govern such layoffbe used:
1.1.1 A. Positions vacant, due to retirement or resignation, and not scheduled for elimination plus all newly established positions shall be posted and filled first.
B. Next, employees in specific positions to be eliminated or reduced shall be considered "displaced".
8.4 Displaced employees starting with "D" classification clerks and the "C" classification classroom assistants, shall in seniority order select positions by the following procedure:
A. The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical employee shall first take any available vacancy for employees who resign, retirewhich he/she is qualified within his/her wage classification and seniority group, or otherwise vacate a position.if not available:
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees B. The employee shall be laid off according to district-wide seniority, with have the option of:
1. displacing the least senior employee laid off firstin his/her wage classification and seniority group. Authorized leaves If any testing is necessary it shall be directly related to the responsibilities of absence do the position. The Board shall notify the Association if any additional testing is required prior to administering such tests.
2. taking a vacancy in a lower wage classification in the same seniority group,
3. if no vacancy exists in a lower wage classification, may displace least senior employee in a lower wage classification in same seniority group provided that the least senior employee in the lower wage classification has less seniority than the least senior employee in the displaced employee's wage classification, or
4. the employee may accept the elimination as a layoff providing there are no vacancies.
5. The employee must meet the qualifications of the position to be taken.
C. A classroom assistant displaced, under the provisions of 8.3 and 8.4, during the year may exercise his/her seniority, for the purpose of section 8.5, in either his/her previous program or his/her new program assignment. He/she shall notify the administration by May 1 of which program has been selected.
D. Any employee unassigned after the implementation of the above procedures shall be notified of layoff.
E. An employee scheduled to work fewer than thirty (30) hours per week at the time of layoff or reduction, may not constitute displace an interruption in continuous serviceemployee scheduled to work thirty (30) or more hours per week.
8.5 When layoffs or reductions among classroom assistants are required for the next school year, the following procedure(s) shall be used:
A. Positions vacant, due to retirement or resignation, and not scheduled for elimination plus all newly established positions and all positions that will be maintained from the current year shall be identified.
B. Next, classroom assistants shall be assigned a specific position within their current program assignment. Programs are defined as follows: Emotionally Impaired and Health Care Assistant/Emotionally Impaired Hearing Impaired and Health Care Assistant/Hearing Impaired Autistic & Health Care Assistant/Autistic Health Care Assistant/Physically and Otherwise Health Impaired (PI, OHI) Early Childhood - ECDD Pre-Kindergarten – Pre-K (CDA is required) General Education, Locker room Health Care Assistant/Visually Impaired Specific Learning Disabled Classroom Assistant – LD Severely Multiply Impaired- SXI Cognitively Impaired, mild, moderate, or severe – CI Traumatic Brain Injury – TBI Severe Language Impairment – SLI In the case of identical insufficient positions within a program, the least senior classroom assistant will not receive an assignment within their program and shall be considered "displaced". All classroom assistants shall be notified of their assignment or displaced status by the third Monday in May.
C. All classroom assistants shall be notified by the third Wednesday of May of the job selection meeting which shall be held no earlier than June 1 nor later than June 10. The notification shall include a listing of all positions that will be available for selection at the meeting. These dates shall not be changed except by mutual agreement between the Association and the Administration.
D. Displaced classroom assistants shall attend the job selection meeting. All other classroom assistants have the right to attend the meeting and all non-displaced classroom assistants shall notify the administration of their intent to attend by filing a "Change of Assignment" form by five (5) workdays prior to the job selection meeting.
E. At the job selection meeting, employees shall select a position based on the following criteria:
1. All employees shall make job selections by wage classification and in the order of seniority. Most senior employees shall select first.
2. If an employee who has a position for the next school year selects a different position, the original position shall be placed on the selection list and employees may select that position by wage classification and seniority order.
3. All selections will be tentative. Following the job selection meeting, officials of the Association and the Administration shall meet to review selections to assure that no selection excluded an employee being placed in a position. This meeting shall take place within three (3) workdays of the general meeting. Placements shall be finalized at this meeting and employees will be notified within three (3) workdays of their official placement.
F. Vacancies which occur after the job selection meeting shall be filled according to the provisions of Article IX.
8.6 Notice of recall will be made by telephone whenever possible and simultaneously by certified mail to the last address given to the Board by the employee. The employee shall be encouraged to respond in writing to the telephone call within forty-eight (48) hours. The employee shall respond in writing to the notice of recall within forty-eight (48) hours of the date the employee receives the certified letter. If the employee fails to respond within forty-eight (48) hours from the receipt of the notice of recall, the employee will be deemed to have refused the position offered and will be removed from the recall list and terminated. Acceptance of a position that offers less time than the employee had at the time of layoff will not affect the employee's later recall rights to a position equivalent in time to the position held by the employee at the time of layoff except as modified by requirements in classification article. If the employee responds within the forty-eight (48) hour period mentioned above and refuses a position, which offers less time per day or is in a lower wage classification than the employee had at the time of layoff, the employee's later recall rights shall not be affected.
8.7 In recalling employees from layoff, no employee will be terminated, lose recall rights or seniority, order if the employee is at the time of hire will prevail as evidenced by adoption recall working for another school district and the person provides the Assistant Superintendent of Human Resources a statement in writing indicating a desire to be left on the Board Resolution recall list. Rights of employmentrecall shall cease after ten (10) months from the date of initial recall in this instance or refusal of a second recall.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace 8.8 If an employee with less seniority in:refuses a vacancy in a circumstance other than outlined in 8.7 above, the employee will be removed from the recall list and terminated. An employee who is ill can accept a recall even if unable at that point in time to return to work.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary
A. The employer reserves the right to reduce the number of lay off employees in situations involving financial emergency, reduction in student count or funding necessitating layoff, a job classification due to abolishment of positions, lack of needed work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees other legitimate business necessity. Bargaining unit members shall be laid off according to district-wide in accordance with Classification seniority; that is, the employee with the least senior employee Classification seniority shall be laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case selection of identical seniorityemployees for layoff, order of hire will prevail the school district shall retain those bargaining unit members with the greatest seniority within that classification provided the bargaining unit member is qualified to perform the work.
B. Classification is defined as evidenced custodial, culinary, clerical, bus driver, and aide.
C. Whenever a bargaining unit member is to be laid off, the school district shall notify the bargaining unit member and the Association President by adoption mailing notice within ten (10) working days of the Board Resolution meeting in which the Board took layoff action, except in case of employmentemergency. No layoffs shall be effective for twenty (20) calendar days, following notification.
1.1.3 The following classifications D. Laid-off bargaining unit members shall be used recalled in accordance with Seniority Classification seniority; that is, the bargaining unit member with the greatest seniority shall be recalled first, provided that person has the ability and is able to perform the duties of the job that is open.
E. When recalling laid-off bargaining unit members, the school district will notify them by certified mail or email at the last known address as preselected by the employee. If such bargaining unit member does not notify the school district within seven (7) working days from the mailing date of such notice that he/she will report for work on the purpose date specified, or give a legitimate reason, as determined by the Superintendent, for delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated. Seniority bargaining unit members shall have recall rights up to two (2) years from the date of defining classification seniority in layoff.
F. In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force the work hours in a classification as referenced in A above, bargaining unit members with the greater seniority in that classification may use same to displace an employee maintain his/her normal work schedule by displacing bargaining unit members with less seniority in:on the work schedule. In no case shall a reduction of any bargaining unit member’s work hours take effect until twenty (20) calendar days after written notice to the affected bargaining unit member(s) is given by the Employer.
Appears in 3 contracts
Sources: Master Contract, Master Contract, Master Contract
Layoff and Recall. 1.1 If A. In the event it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementsclassification, the following procedure procedures shall govern such layoff:layoff and/or subsequent reinstatement.
1.1.1 B. The number of people affected by reduction in the force will shall be kept to a minimum by not employing replacements replacements, insofar as practical for practical, of employees who resign, retire, or otherwise vacate a position. Any reduction in regularly assigned time shall be considered a layoff under the provisions in this Article.
1.1.2 Whenever C. When it becomes necessary to layoff lay off employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide senioritystarting with the least senior limited contract employee(s) in the affected classification. The least senior limited contract employee in that classification will be laid off first. If there are no limited contract employees in the classification, layoff shall start with the least senior employee laid off firston a continuing contract in the classification. Seniority shall be defined as the uninterrupted length of continuous service with the Board of Education in a particular job classification computed from the latest date of hire or appointment in his/her present classification. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order the Administration and the Association shall meet to determine a fair and equitable means of hire will prevail as evidenced by adoption of the Board Resolution of employmentdeciding which employees shall be laid off first.
1.1.3 D. An employee laid off in one classification shall be able to bump into another job classification in which he/she has worked and is qualified, provided the employee exercising bumping rights has greater seniority in the classification than another employee working in the classification.
E. The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk1. Paraprofessional
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head 2. Bus Driver
D. Bus Driver3. Cafeteria Employees
E. Head Cook4. Custodian
5. Maintenance
6. Mechanic
7. Secretarial and Clerical
F. Prior to the effective date of layoffs, the Board of Education shall meet with the ISSA President and Vice-President with a list containing names, seniority dates, and classifications and indicate which employees are to be laid off. Each employee to be laid off shall also be given advance notice of layoff. Each notice of layoff shall state the following:
1. Reason(s) for the layoff or reduction;
2. The effective date of layoff; and
3. A statement advising the employee of his/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide her rights of reinstatement from the layoff.
G. Head Mechanic/Vehicle Maintenance For the classifications in which the layoffs occur, the Board shall prepare a reinstatement list and the names of all employees shall be placed on the reinstatement list in the reverse order of layoff (the last employee RIF’ed will be the first one called back.). Reinstatement shall be made from this list before any new employees are hired in that classification.
H. Health AideVacancies, which occur in the classification of layoff shall be offered to and declined in writing by the employees standing highest on the layoff list before the next person on the list may be considered. Any employee who declines reinstatement shall be removed from the reinstatement name list.
I. MaintenanceThe employee’s name shall remain on the appropriate list for a period of two (2) years from the effective date of layoff. If reinstated from layoff during this period, Custodian Isuch employee shall retain all previous accumulated seniority and a notice of reinstatement shall be made by certified mail at the address on file with the District.
J. If at any time, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee the District privatizes any of the classifications in the Bargaining Unit laid off under bargaining unit, the above procedure may exercise District will ask the bumping rights private company to consider interviewing and hiring the employees in this sectionthe classification at that time. Employees must notify If an employee is hired by the Superintendent in writing within 5 work days of their private company, the Board’s contribution to SERS for the employee shall continue if required by law and SERS rules. While the board agrees that there is no intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account reduce staff or layoff personnel for the sole purpose of subcontracting bargaining unit classifications should a reduction in force to displace or layoff be required, it would be under the terms of the reduction in force agreement. Short term contracting may occur during a classification layoff in the event of an employee with less seniority in:emergency. Employees who have been laid off shall be eligible for employment under this section. Such employment shall not affect any recall rights.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number of employees in A. When there is a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resignworking force, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees bargaining unit members shall be laid off according to district-wide in accordance with seniority; that is, the employee with the least senior employee seniority shall be laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case selection of identical seniorityemployees for layoff, order of hire will prevail as evidenced the school district shall retain those bargaining unit members with the greatest seniority provided the bargaining unit member is qualified to perform the work.
B. Whenever a bargaining unit member is to be laid off, the school district shall notify the bargaining unit member and the Association president by adoption mailing notice within ten (10) working days of the Board Resolution meeting in which the Board took layoff action, except in case of employmentemergency.
1.1.3 The following classifications C. Laid off bargaining unit members shall be used recalled in accordance with seniority; that is, the bargaining unit member with the greatest seniority shall be recalled first provided they have the ability and are able to perform the duties of the job that is open and the job is equivalent. The right to recall is limited to four (4) years from the effective date of the original layoff.
D. When recalling laid off bargaining unit members, the school district will notify them by certified mail at the last known address. If such bargaining unit member does not notify the school district within seven (7) working days from the mailing date of such notice that he/she will report for work on the purpose of defining classification date specified or give a legitimate reason for delay beyond such time, as determined by the superintendent, he/she will be considered as having quit and all seniority in shall be terminated.
E. In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force the work hours in a classification, bargaining unit members with the greater seniority may use same to displace an employee maintain his/her normal work schedule by displacing bargaining unit members with less seniority in:on the work schedule. In no case shall a reduction of any bargaining unit member's work hours take effect until ten (10) work days after written notice to the affected bargaining unit member(s) is given by the employer.
F. Laid off bargaining unit members will be given first right to substitute if they desire the work. The desire to substitute must be in writing and presented to the Superintendent’s office within ten (10) days of receiving a notice of layoff.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Layoff and Recall. 1.1 If it becomes A. Layoff shall be defined as a necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the work force will be kept beyond normal attrition due to a minimum shortage of funds or lack of work as determined by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionthe Board of Education.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees B. No Bargaining Unit Member shall be laid off according unless said Bargaining Unit Member has been notified of said layoff at least twenty (20) work days prior to district-wide seniority, with the least senior employee laid off first. Authorized leaves effective date of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employmentlayoff.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in C. In the event of a layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian Ithe Board shall first lay off probationary Bargaining Unit Members, Groundskeeper/Custodianthen the least seniored Bargaining Unit Members within the affected classification. In no case shall a new Bargaining Unit Member be hired by the Board while there are laid off Bargaining Unit Members who are qualified for a vacant or newly-created position. If layoffs are instituted, Custodian IIthe Employer may grant an unpaid leave of absence to a Bargaining Unit Member who wishes to take the place of a Bargaining Unit Member who would otherwise be subject to layoff in the same job classification. Such leave shall be voluntary and without compensation, Custodian IIIbenefits or experience credit. However, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit Member shall accrue seniority during the leave. The Board will make premium payments on behalf of the Bargaining Unit Member for insurance benefits for up to thirty (30) days after the date layoff is commenced under this section.
D. A laid-off Bargaining Unit Member may replace a Bargaining Unit Member within another classification under the following conditions:
1. The laid off under Bargaining Unit Member must possess equal or greater qualifications than the above procedure may exercise Bargaining Unit Member to be replaced;
2. The laid off Bargaining Unit Member must possess greater Bargaining Unit seniority than the bumping rights in this sectionBargaining Unit Member to be replaced;
3. Employees must A laid off Bargaining Unit Member wishing to bump another member of the Bargaining Unit shall notify the Superintendent in writing within 5 work days of their intention immediately. The Bargaining Unit Member subject to exercise one’s bumping right. Bumping rights the bump shall entitle qualified (as defined be notified in Article X, Section 1.1.1) employee whose contract has been suspended on account writing immediately by the Superintendent that he/she is laid off.
E. In the event of a reduction in force the work hours in a classification, a Bargaining Unit Member may claim seniority over the least seniored Bargaining Unit Member in that classification for the purpose of maintaining his/her normal work schedule provided that his/her action will not disrupt the normal operation of the Employer. In no case shall a reduction of any Bargaining Unit Member’s work hours take effect until the Board gives ten (10) work days written notice to displace the affected Bargaining Unit Member. A laid off Bargaining Unit Member shall, upon application, and, at his/her option be granted priority status on the substitute list according to his/her seniority and qualifications. Laid off Bargaining Unit Members may continue their health, dental, and life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Employer, on (1) month in advance of the due date of the premium payment. The above practice shall be subject to the rules and regulations of the insurance carrier. The Board will, however, make premium payments on behalf of the Bargaining Unit Member for insurance benefits for up to thirty (30) days after the date of lay off.
F. A recall list shall be provided by the Employer stating the jobs available for re-employment. Recall shall be conducted as follows:
1. Classification seniority shall apply when the available position is within a Bargaining Unit Member’s former classification.
2. When two or more Bargaining Unit Members possess equal classification seniority for an employee available position, the Bargaining Unit Member with less the greater Bargaining Unit seniority in:shall be given the position. A drawing shall determine a tie where Bargaining Unit Members possess equal classification seniority and Bargaining Unit seniority.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Layoff and Recall. 1.1 If it becomes necessary No provisions of this article apply to reduce substitutes
7.1 In the number event of employees a need for a reduction in a job classification due to abolishment force, an elimination of positions, lack or any reorganization of workthe Head Start program resulting in the elimination of positions covered by this agreement, return employees will be laid off within each position by inverse order of seniority, except for a defined operational need or requirement necessary to duty achieve or maintain Head Start regulations. In the event of regular hire on the same date, names will be drawn to determine seniority.
7.2 Seniority for full time and part time employees is defined as the length of continuous employment with Head Start in a full time or part time position covered by the terms of this agreement. Continuous service is determined by the date the employee began work in a full time or part time position covered by this agreement, provided such service has not been interrupted by any of the following: • Termination of employment, if not rehired within one (1) year; • Layoff extending beyond two (2) years will be excluded from the continuous service calculation.
7.3 Head Start will provide impacted employees with as much notice as possible but at least one (1) calendar month notice of lay off. The Association should be notified as soon as practical of the possibility of impending layoffs.
7.4 Full time employees may bump either full or part time employees. Part time employees may only bump other part time employees or assume a leave vacant part time position, if qualified for the position. An employee who has received notice of absence, building closing layoff may notify the Head Start Director (or designee) within five (5) working days of receiving the layoff notice of a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoffdesire to bump. An exception may be made for operational need or requirement necessary. The bumping sequence is defined below:
1.1.1 a. A vacant, available position at the same level or lower within the same job family as specified in Appendix A, for which they are fully qualified without additional training;
b. The number of people affected by reduction least senior employee in an equivalent or lower level position within the same job family as specified in Appendix A for which they are fully qualified without additional training;
c. The least senior employee in the force will same or lower level position they have previously held with MHCC’s Head Start or Early Head Start for which they are fully qualified without additional training. Exceptions to the parameters outlined above may be kept granted at the discretion of the Head Start Director or designee for a defined operational need or requirement necessary to a minimum by not employing replacements insofar as practical for employees who resign, retire, achieve or otherwise vacate a positionmaintain Head Start regulations.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected 7.5 Laid off employees shall be laid off according placed on a twenty four (24) month recall list. Employees are responsible for ensuring that the employer has updated contact information on file throughout the recall period. Employees will be recalled by position. Full time employees may be recalled into full time or part time positions. Part time employees may only be recalled into part time positions. No new employees shall be hired into a classification which has experienced a layoff and continues to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence have employees on a recall list who meet all current qualifications without further training.
7.6 Employees who decline recall to an equivalent position or who do not constitute respond to an interruption in continuous serviceoffer of recall within seven (7) calendar days shall be removed from the recall list. In Failure to respond to or accept the case position will be considered a voluntary resignation. However, as an exception, employees on recall may decline one (1) offer of identical seniority, order of hire will prevail as evidenced by adoption employment which does not provide 80% of the Board Resolution of employmentemployee’s former compensation. Under these circumstances, an employee will not forfeit his/her recall rights.
1.1.3 The following classifications shall 7.7 Full time employees recalled into a part time position retain recall rights to full time positions as they become available throughout the entire twenty four (24) month recall period.
7.8 An employee may be used for removed from the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:recall list upon written request.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary A. When the Board determines to reduce the number of positions in one or more classifications covered by this Agreement, the Board shall follow the procedure set forth in this article.
B. The Board shall determine in which classification the layoffs should occur and the number of employees to be laid off.
C. The Board shall lay off employees in the affected classification on the basis of reverse seniority, or by an employee volunteering to accept the layoff in that classification. In the event two (2) or more employees within the affected classification have the same seniority, seniority will be determined as between those employees by draw from deck of cards, high card is most senior.
D. For employees laid off after the effective date of this Agreement, the names of laid off employees shall be kept on a job recall list by classification due for a period of two (2) years from the employee’s last workday. If the Board determines to abolishment fill any position in a classification during that period, the Board must offer the position to the most senior employee on the recall list for that classification. The offer of positionsrecall shall be made by written notice sent to the employee at his/her most recent address of record by certified mail. It is the employee’s responsibility to keep the Board informed of his/her up-to-date address. The employee shall have seven (7) days after the notice is mailed to accept the offer of recall and report to work. If he/she does not report during such seven (7) day period, lack his/her name shall be eliminated from the recall list and the employment relationship between him/her and the Board shall cease. If the first employee on the recall list for a classification does not accept the recall, the Board shall offer the position to the next most senior employee from that classification on the recall list by the procedure outlined in this article, and so on, until the position is filled.
E. Recall rights shall commence on the day following the employee’s last day of work, return to duty .
F. For purposes of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementsthis article, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force classifications will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoffused:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number of Section 11.1. The Employer will notify all affected employees in a job classification due to abolishment the bargaining unit as well as the Union at least fourteen (14) calendar days in advance of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure any layoff.
Section 11.2. The Employer shall govern such layoff:
1.1.1 The number of people determine which departments and which classifications will be affected by reduction a layoff, and how many employees in the force each classification will be kept to a minimum by not employing replacements insofar as practical for employees who resignlaid off. Within any particular classification, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to districtin the inverse order of their classification seniority. Part-wide seniority, with the least senior employee time bargaining unit employees will be laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employmentprior to regular full-time employees.
1.1.3 The following classifications shall be used for Section 11.3. Employees who are laid off may bump other employees in a lower rated classification in their classification series, in their department, where the purpose of defining classification laid off employee has greater departmental seniority in than the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit lower rated classification.
Section 11.4. Employees who are laid off under shall have recall rights of two (2) years. Written notice of recall shall be sent to the above procedure may exercise employee's last known address by certified mail. Failure of an employee to contact the bumping Employer within ten (10) days of receipt of the notice or fourteen (14) days from the date the notice was sent, whichever comes first, shall constitute a forfeiture of an employee's right to recall. All applicants must take a Civil Service exam if recall rights in this sectionhave expired.
Section 11.5. Employees must notify shall be recalled to the Superintendent classification in writing within 5 work days which they were laid off in the order of their intention classification seniority or to exercise one’s bumping righta lower classification within their series in the order of their departmental seniority. Bumping No new employees shall be hired into a classification until such time as all laid off employees having recall rights have exhausted them.
Section 11.6. Employees displaced by a layoff shall entitle qualified be entitled to any wages due them for service prior to the effective date of the layoff. In addition, at the conclusion of the two (as defined in Article X2) years recall period, Section 1.1.1) employee whose contract has been suspended on account of or at a reduction in force to displace time when an employee resigns and requests to be removed from any applicable recall lists, laid off employees shall be entitled to any severance pay due them in accordance with less seniority in:the applicable provisions of this Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary 12.1: In the event of a layoff involving full-time positions within the bargaining unit, the University may serve written notice of the layoff either by hand-delivery, certified mail to reduce the number bargaining unit member’s last known address on file within the official personnel file of the University, or both. The University will provide up to thirty (30) but no less than fourteen (14) days written notice to any individual who receives notice via hand-delivery. The University will provide up to thirty (30) but no less than twenty-one (21) days’ written notice to any individual who receives notice via certified mail. The date that hand-delivery is received or the date the letter is mailed shall be the first day of the layoff notice period. At the same time, the University will provide a seniority list to the President of the Association.
12.2: The University shall layoff bargaining unit employees in a job classification due the affected department(s) in the following categories: part-time bargaining unit employees and then full-time bargaining unit employees.
12.3: In the event two or more full-time members of the bargaining unit hold the same position (i.e., position title) within the same department, and fewer than the total number are to abolishment be laid off, layoffs will be determined by reverse bargaining unit seniority. When two or more individuals have the same effective date of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit appointment in financial resources as substantiated by current financial statementsthe bargaining unit, the following procedure shall govern such layofforder of layoff will be determined as follows:
1.1.1 The number A) In the event of people affected a tie, it will be broken by reduction giving credit for all prior years of employment with the University (excluding student employment).
B) In the event a tie is not broken by the foregoing procedure, the employee(s) with the lowest rating on the most recent evaluation will be laid off, provided the evaluation has been conducted within the past two years.
C) In the event a tie is not broken by the foregoing procedures, it will be broken by coin toss.
12.4: Bargaining unit members who were displaced or laid off will be on recall status for one (1) year following displacement or layoff. This means that if the position from which a bargaining unit member was displaced or laid off is to be filled within one (1) year following displacement or layoff, the bargaining unit member displaced or laid off will be offered that position according to bargaining unit seniority. If more than one bargaining unit member has been displaced or laid off from the same position (i.e., position title) within the same department, recall will occur in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resignreverse order of displacement or layoff (i.e., retirelast laid off, or otherwise vacate a positionfirst recalled).
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. 12.5: In the case of identical seniority, order layoff of hire will prevail as evidenced by adoption a full-time member of the Board Resolution bargaining unit, the University will examine the possibility of employmentcreating a new part-time P/A position and offering it to the full-time staff member being laid off; if such an offer is made the full-time bargaining unit member shall be under no obligation to accept the part-time appointment.
1.1.3 The following classifications shall 12.6: If there is a vacant YSU-APAS bargaining unit position that is to be used filled elsewhere in the University within one (1) year of the date the individual was laid off, and if the individual who was laid off has the established minimum qualifications for the purpose position to be filled, the individual who was laid off will be granted first consideration for the position, provided the bargaining unit member applies for the position via the University’s applicant tracking system.
12.7: Within five (5) working days of defining classification seniority receipt of a notice of layoff, a full-time bargaining unit employee, who wishes to exercise his or her displacement (bumping) rights, must submit a written request to the Chief Human Resources Officer advising him or her of the employee’s wish to displace. The Chief Human Resources Officer, or designee, will identify the full-time bargaining unit employee, if any, who has the least University service, holds a position in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in same or lower salary range than the Bargaining Unit laid off under employee and holds a position the above procedure may exercise laid off employee is qualified to perform. The Chief Human Resources Officer, or designee, will share his or her findings with the bumping rights in this section. Employees must notify President of the Superintendent in writing within 5 work days of their intention to exercise oneUniversity, or the President’s bumping right. Bumping rights shall entitle qualified (as defined in Article Xdesignee, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force who will grant or deny the request to displace in writing. The President’s or designee’s decision may be grieved under an abuse of discretion standard.
12.8: For purposes of Article 12, seniority will be broken when a bargaining unit member retires, resigns, becomes employed by the University in a non-bargaining unit position, is discharged for just cause or otherwise leaves the employment of the University. Time spent in inactive pay status (unpaid leave) will not constitute a break in seniority. Seniority shall continue to accrue during the period an employee with less seniority in:is receiving workers' compensation benefits, is on military leave or is on recall status following layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary A. The Board may determine to reduce the number of employees in a job classification layoff Employees due to a lack of work, a lack of funds, abolishment of positions, lack of work, or return to duty work of regular employees from Employees on leave.
B. In the event of a leave of absence, building closing or a projected deficit planned reduction in financial resources as substantiated by current financial statementsforce, the following procedure shall govern Board will notify the Union at least thirty (30) calendar days before any layoffs take effect. Within seven (7) calendar days of such layoff:
1.1.1 The number of people affected by reduction in the force notification, a meeting will be kept scheduled between the Board and the Union to a minimum by not employing replacements insofar as practical discuss the reasons for employees who resignthe layoff, retire, or otherwise vacate a positionthe affected Employees and the date of the layoff.
1.1.2 Whenever it becomes necessary C. The Board will layoff Employees in any affected classification on the basis of reverse classification seniority.
D. When an Employee is to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide off, the Employee shall have bumping rights within the job classification over all Employees with less classification seniority, with . Any Employee bumped will then have bumping rights within the classification until the least senior employee person is laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employmentoff.
1.1.3 E. Employees who have previously worked in another classification, and are subject to a layoff, may bump the least senior Employee in their former classification, providing the following conditions are met:
1. The following classifications shall be used for Employee must have satisfactory experience in the purpose former classification.
2. The Employee must have more years of defining classification seniority in the event former classification, or the Employee must have more total years of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenancesystem seniority when combining their current classification with their former classification, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee than the least senior Employee who is currently working in the Bargaining Unit former classification.
3. The Employee must be willing to accept the pay scale of the former classification.
F. The names of laid off under Employees will be kept on a Recall List by classification for a period of two (2) years from the above Employee’s last workday. Vacancies within any classification affected by layoff will be filled in accordance with the bid procedure may exercise in Article 7. However, Employees laid off from that classification must be recalled to any vacancy before the bumping rights position can be filled by an Employee from another classification or a new hire. Laid off Employees will be recalled in this sectionorder of their seniority. Employees must notify The offer of recall will be made by written notice sent to the Superintendent in writing within 5 Employee at his or her most recent address of record by certified mail. It is the Employee’s responsibility to keep the Board informed of his up-to-date address. The Employee shall have fourteen (14) work days after the notice is mailed to accept the offer of their intention recall and report to exercise one’s bumping rightwork. Bumping rights shall entitle qualified If she or he does not report during such fourteen (as defined in Article X14) day period, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:his or her name will be eliminated from the Recall List and the employment relationship between him or her and the Board will cease.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Layoff and Recall. 1.1 11.1. If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of funds, or lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:lay-off.
1.1.1 11.2. The number of people affected by reduction in the force will be kept to a minimum by not employing replacements (insofar as practical for practical) of employees who resign, retire, or otherwise vacate a position.
1.1.2 11.3. Whenever it becomes necessary to layoff lay-off employees within a classification for by reasons as stated above, affected employees shall be laid off according to district-wide seniorityseniority within the classification, with the least senior employee laid off first. Seniority shall be defined as the uninterrupted length of continuous service with the Board of Education in a particular job classification computed from the latest date of hire or appointment of their present classification. Authorized leaves of absence do not constitute an as interruption in continuous service. In the case of identical seniority, order the Administration shall meet to determine a fair and equitable means of hire will prevail as evidenced by adoption of the Board Resolution of employmentdeciding which employee shall be laid off first.
1.1.3 11.4. The following classifications shall be used for the purpose of defining classification seniority in the event of layofflay-off:
A. Account ClerkSecretarial E. Food Service
B. Bus/Pupil/Staff Support Aide/Inventory AideCustodial F. Aides
C. Head Bus DriverDrivers G. Maintenance
D. Bus DriverCustodial Maintenance
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide11.5. The Board of Education shall determine in which classifications the lay-off should occur and the number of employees to be laid off. In the classification of lay-off, employees on probation shall be laid off before any employees in that classification employed under a continuing contract is laid off.
I. Maintenance11.6. Forty-eight (48) hours prior to the effective date of lay-offs, Custodian Ithe Board of Education shall prepare and post for inspection in a conspicuous place a list containing the names, Groundskeeper/Custodianseniority dates and classifications, Custodian IIand indicate which employees are to be laid off. Each employee to be laid off shall be given advance written notice of the lay-off. Each notice of lay-off shall state the following:
A. Reasons for the lay-off or reduction.
B. The effective date of lay-off.
C. A statement advising the employee of their right of reinstatement from the lay-off.
11.7. For the classification in which the lay-off occurs, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ the Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee shall prepare a reinstatement list and name all employees employed under probationary contracts who shall be placed on the reinstatement list in the Bargaining Unit laid off reverse order of lay-off. The name of all employees employed under the above procedure may exercise continuing contract status of employment shall be placed on a reinstatement list in reverse order of lay-off. Reinstatement shall be made from this list before any new employees are hired in that classification or any employee is reinstated from the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:probationary list.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce In the number event the layoff of employees in a job classification due is determined to abolishment of positionsbe necessary by the Employer, lack of worktemporary, return to duty of regular employees from a leave of absencecasual, building closing or a projected deficit in financial resources as substantiated by current financial statementsseasonal, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected part-time and probationary employees shall be laid off according first. For purposes of this collective bargaining agreement, those employees know as the "reserve unit or reserve deputies" shall be considered part-time employees. If additional layoffs are scheduled, seniority employees shall be laid off in reverse order of their job classification seniority. Laid off employees shall be entitled to district-wide seniorityexercise their departmental seniority and be assigned to another job classification of equal or lower pay rate, providing Employer determines such employee is capable of performing the work in such other job classification. The decision of the Employer as to the capability of the employee shall not be arbitrary or capricious. Should an employee or employees be displaced by the procedure outlined in this Section, it shall be the employee(s) with the least senior job classification seniority. Such employee(s) shall be entitled to exercise departmental seniority as conditioned herein. Effective January 1, 1991, all newly hired employees will not be able to bump into a classification of equal or lower pay rate unless the employee served in that classification. The employee, if eligible, may only bump persons with less classification seniority than the classification seniority earned by the bumping employee. However, during times of layoff, when full-time bargaining unit employees are laid off firstoff, reserve deputies may assist full-time bargaining unit employees with their duties, for safety related reasons. Authorized leaves of absence do not constitute an interruption in continuous serviceNo reserve deputy will replace or perform duties normally done by full-time employees, except as provided herein. In the case event a full-time bargaining unit employee refuses to work with a reserve deputy for reasons related to the competency level or abilities of identical the reserve, the full-time employee shall submit the reasons for refusal in writing. Refusals to work with reserve officers shall be reviewed by the Safety Committee. The Safety Committee shall conduct an investigatory hearing regarding the reasons for refusal. Upon completion of the investigatory hearing the Safety Committee shall make its' recommendation, which shall be final and binding upon the refusing employee. In the event special duty work opportunities become available, such work opportunities shall be offered, by seniority, to full-time bargaining unit personnel on a voluntary basis. The rate of pay for special duty events will be determined by the special duty event contract. For purposes of this agreement special duty events shall be defined as marine patrol, boat races, beer tents, parade duty, fair duty, snowmobile patrol and other such similar special community functions. In the event full-time bargaining unit personnel decline special duty work opportunities or the required number of full-time bargaining unit personnel cannot be obtained, special duty work opportunities may be offered to part-time or reserve personnel. During periods of layoff, however, the opportunity to work special duty jobs shall be offered to full-time laid off personnel laid off personnel prior to allowing part-time or reserve personnel to work.
i) Recalls from layoff shall be made by written notice sent by certified mail to the employee's last known address of record. All employees are required to notify proper post office address or change of address shown upon the Lapeer County Sheriff's Department records for all purposes.
ii) Each employee who is recalled from layoff shall report in person or by certified mail to the Lapeer County Sheriff's Department within three (3) working days after being notified of recall, whether or not he intends to return to work for the Sheriff's Department, and, if he states he will return to work for the Sheriff's Department, he shall report to work on the date specified by the Lapeer County Sheriff's Department which shall not be less than five (5) calendar days from the date of notification of recall.
iii) Employees who have been reduced in rank shall be returned to their former rank in order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining their classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any seniority. If an employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must fails to notify the Superintendent in writing Lapeer County Sheriff’s Department of his decision, within 5 the three (3) work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (day period as defined in Article XSection 5, Section 1.1.1subparagraph (c) of this Article, or notifies the Lapeer County Sheriff’s Department that he will not return to work for the Lapeer County Sheriff’s Department, or having agreed to return to work for the Lapeer County Sheriff’s Department, fails to report on the date specified, unless the failure to report is for justifiable reasons, he shall be considered as having voluntarily quit, and the next employee whose contract has been suspended on account in order of a reduction seniority having the necessary ability shall be recalled to work. The Union ▇▇▇▇▇▇▇ shall be given the names in force order of layoff or recall whenever employees are laid off or recalled to displace an employee with less seniority in:work.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 16.01 If the Administration determines it becomes is necessary to reduce the number of employees in a job classification due to because of abolishment of positionsposition, lack of work, return to duty or lack of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementsfunds, the following procedure shall govern such layoff:prevail.
1.1.1 16.02 The number of people persons affected by a reduction in the force will be kept to a minimum insofar as possible by not employing replacements insofar as practical for employees who retire, resign, retirepass away, or otherwise vacate a positionetc.
1.1.2 Whenever 16.03 When it becomes is necessary to layoff employees within a classification employees, for reasons as stated set forth above, affected employees in the classification of layoff, shall be laid off according to district-wide seniority, in the reverse order of seniority with the least senior employee employees laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical , however, time spent on an unpaid leave per Artcicle IX, Sections 9.01 and 9.09 shall not count in computing seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 16.04 The following classifications shall be used for the purpose of defining classification seniority in the event of a layoff:
A. Account Clerk
B. Bus: Custodial Cafeteria Bus Drivers Mechanics Secretarial Maintenance Educational Aides Non-educational Aides/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Monitors Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of members only affected by a reduction in force will have the opportunity to displace an any least senior employee with less within their classification by district seniority. Those Bargaining Unit members who cannot bump within their classification may then bump any least senior employee in a classification that they previously held a contracted position according to district seniority. No re-training will be needed.
16.05 The Administration shall determine in which classification any layoff shall occur and the number of employees to be laid off. Limited contract and governmental program employees and seasonal or casual employees shall be laid off before any regular employee.
16.06 Employees laid off pursuant to this Article shall be recalled in order of seniority in:to positions within the classification. Regular employees shall be reinstated before any limited contract or governmental program employees or seasonal or casual employee.
16.07 A laid off employee shall remain on the recall list for two (2) years unless he/she waives his/her recall rights in writing, resigns, fails to accept recall to a position in his/her classification, or fails to report to work within ten (10) working days after a written notice of recall sent to the employee’s last address.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number 1. Layoffs and displacements may occur as a result of employees in a job classification due to abolishment of positions, lack of workfunds and/or lack of work or job abolishment or job redesign. In any such event, return layoff & recall will be in accordance with the Ohio Revised Code, Section 124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers between employing units will be made whenever possible.
2. The City will provide the Union with a copy of the “layoff Statement of Rationale” at least 30 days prior to duty the effective date of regular employees from a leave layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoffs or displacement. Employees have the right to appeal the procedural aspects of absencelayoff or displacement to the Civil Service Commission or through the grievance process, building closing or but not both. In the event an employee elects the grievance process the grievance shall begin at step 3.
3. Whenever there is a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for workforce, permanent employees who resignhave passed their probationary period are the last to be laid off in a classification within the employing unit. Students, retireemergency employees, seasonal, provisional and permanent employees who have not passed probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or otherwise vacate designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualifications contained in the job description for the position.
1.1.2 Whenever it becomes necessary 4. If the employee whose position has been eliminated has more Bargaining Unit Seniority than any other employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for that position pursuant to the published job description, then the employee with the lowest Bargaining Unit Seniority will be displaced. Employees who are relocated into division one classification series employment positions as a result of layoff employees or displacement will be granted no greater entitlement with regard to any future layoffs or displacements. In no case will an employee bump another employee with greater Bargaining Unit Seniority.
5. In addition to the bumping opportunities outlined herein, an employee may bump into a position at the same or lower rate of pay he or she formerly held in the employing unit or in another employing unit within the bargaining unit, provided they meet the qualifications contained in the job description for the position, but may not bump an employee with a classification for reasons as stated above, greater Bargaining Unit Seniority.
6. The Human Resources Department will distribute Bargaining Unit Seniority lists to each department and a copy to the Union no later than 30 days prior to a layoff or earlier whenever possible. These lists shall be posted in such a fashion to allow all affected employees shall the opportunity to review the lists.
7. When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after a layoff.
8. Recall: A layoff recall list by classification will be maintained by the Human Resources Department. Employees will remain on the layoff recall list for 36 months. Affected employees will be placed on the layoff and recall list by classification and in descending order of Bargaining Unit Seniority. Employees will be recalled to their classification in their employing unit in the order their names appear on the layoff and recall list. Employees may also be recalled to other layoff jurisdictions when vacancies occur and there are no laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous serviceemployees from that jurisdiction. In the case event an employee desires to return to a classification other than the classification he or she held at the time of identical senioritylayoff, order of hire will prevail as evidenced by adoption of the Board Resolution of employmentemployee must be qualified for the position according to the City’s job description for the position.
1.1.3 The following classifications 9. Once an employee has left the bargaining unit and has had a break in Bargaining Unit Seniority as described in Article 11 of this Agreement, he/she shall be used for the purpose of defining classification seniority have no bumping rights into any bargaining unit positions. Non-bargaining unit employees who have never worked in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bargaining unit shall have no bumping rights in this section. Employees must notify into the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:unit.
Appears in 2 contracts
Sources: Labor Management Agreement, Labor Management Agreement
Layoff and Recall. 1.1 If it Section 1 – Layoff becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of funds or lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the . The following procedure shall govern such layoff:
1.1.1 A. The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 B. Whenever it becomes necessary to layoff lay off employees within a classification for by reasons as stated above, affected employees shall be laid off according to district-wide seniorityseniority within the classification, with the least senior employee laid off first. Seniority shall be defined as the uninterrupted length of continuous service with the Board in a particular job classification computed from the latest date of appointment to the present classification. Authorized leaves of absence absence, except for maternity leave without pay, do not no constitute a year of service for seniority purposes. The employee with the least seniority within a job classification, has the right to displace any employee with less overall continuous seniority in the affected job classification series, who is an interruption any lower paying job classification in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employmentdisplacing employee's same classification series.
1.1.3 C. The following classifications classification shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk1. Cook, Food Service Coordinator
B. Bus/Pupil/Staff Support Aide/Inventory Aide2. Custodian, Head Custodian
C. 3. Elementary School Secretary, Secondary School Secretary
4. Aides, Clerical Aides
5. Direct Service Aides
6. Maintenance I, Maintenance II
7. Transportation Specialist
8. Mechanic, Head Bus DriverMechanic
D. Bus DriverThe Board shall determine in which classifications the layoff shall occur and the number of employees to be laid off.
E. Head Cook/Cashier/ Cafeteria Staff Fourteen days prior to the effective date of layoffs, the Board shall prepare and post for inspection in a conspicuous place, a list containing the names, seniority dates and classifications and indicate which employees are to be laid off. Each employee to be laid off shall be given advance written notice of the layoff. Each notice of layoff shall state the following:
1. Reasons for the layoff or reduction.
2. The effective date of layoff.
3. A copy of the layoff and recall provisions of this Contract.
F. Educational Aide/Library Aide For the classification in which layoffs occur, the Board shall prepare a reinstatement list and the name of all employees who have been laid off shall be placed on a reinstatement list in the reverse order of layoff. Reinstatement shall be made from the list before any new employees are hired in that classification.
G. Head Mechanic/Vehicle Maintenance Vacancies which occur in the classification of layoff shall be offered to and accepted within seven (7) days of receipt of notice by the employee standing highest on the layoff list. Any employee who declines reinstatement or fails to respond within seven (7) days of receipt of notice of recall shall be removed from the reinstatement list.
H. Health AideThe notice of recall shall be made by certified mail to the last address on file with the Superintendent. If the notice is refused, unclaimed or not deliverable, the employee will be deemed to have declined reinstatement seven (7) days after postal delivery by certified mail was attempted.
I. MaintenanceThe employee's name shall remain on the appropriate list for a period of two (2) years from the effective date of layoff. If reinstated from layoff during this period, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any such employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:retain all previously accumulated seniority.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If Section 1: A layoff shall be deemed to have occurred when the City, within its sole discretion, announces that it becomes necessary is laying off employees for lack of work or lack of allocated funds.
Section 2: The City agrees to reduce notify the Union of the names of employees being laid-off at the same time notice is provided to the affected employees or immediately thereafter.
Section 3: The City Manager or his designee shall designate the job classifications in which the layoffs shall occur and the number of employees in a job within each classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees laid off. Employees covered under this Agreement shall be laid off according to districtby job classification and, within each classification, by City employment seniority. However, no regular full-wide senioritytime employee shall be separated from his/her classification while there are emergency, with provisional, probationary, part- time, or temporary employees in the least senior employee classification in which the layoff(s) is occurring and who have not been laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employmentoff.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Section 4: Any employee in the Bargaining Unit laid off under the above procedure covered by this Agreement who is affected by a layoff may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force be considered to displace an any employee with less City employment seniority in:in any lower rated classification covered by this Agreement, provided that said employee is immediately qualified to perform the necessary services to be performed in that lower rated classification. The City manager and/or the Personnel Manager shall determine lower rated classifications and whether the affected employee is immediately qualified to perform the necessary services to be performed in that lower rated classification. Such determinations shall be made in the sole discretion of the City Manager and/or the Personnel Manager and shall be final and binding. When an employee elects to "bump" into a lower rated classification, said employee will be paid the rate of pay of that lower rated classification.
Section 5: Employees who have been laid off will have the recall rights for a period of time not to exceed twenty-four (24) months to the position they held when they were laid off or into a lower rated classification covered by this Agreement, provided that the employee is immediately qualified to perform the necessary services under the employee classification or in the lower rated classification, should the position become available. All employees who are recalled shall be required to pass a physical examination and a drug test prior to being authorized to return to work.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 A. If it becomes necessary to reduce the board determines that a reduction in the number of regular classified employees is necessary, layoffs shall be in reverse order of seniority within bargaining unit classifications as defined in section G. of this article. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 of the Classified CBA. In the event the board determines that a job classification due to abolishment reduction in force is necessary, layoffs shall be done in reverse order of positions, lack seniority within the identified position the employee currently holds. Professional employees shall retain recall rights for a period of work, return to duty 27 months from the date of regular employees from the layoff.
B. When the board abolishes a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementsparticular position, the following procedure shall govern such layoff:
1.1.1 employee filling that position is not necessarily the person to be laid off. The number of people affected by reduction in the force will be kept person to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with shall be the least senior employee laid off firstin the job classification to which the abolished position was allocated. Authorized leaves of absence do not constitute an interruption in continuous service. In If the case of identical seniority, order of hire will prevail as evidenced by adoption holder of the Board Resolution of employment.
1.1.3 The abolished position is not the least senior employee in the classification, the following classifications steps shall be used for to determine movement within the purpose classification to achieve the layoff of defining classification seniority the least senior employee. Please see Appendix C, Classification Bumping Order.
1. The employee with the shortest length of service in the event classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the position.
2. The bumped employee shall then have the right to bump into the position of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any the least senior employee in the Bargaining Unit next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position and has greater classification seniority than the least senior employee at that level.
C. A bumped employee may then exercise the right to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified.
2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions to the most senior employee.
3. If the employee was transferred to the last held position from another classification, the employee has the right to bump back to the former classification provided the employee has greater District seniority than the least senior employee in the classification and specific special skills, training or licensing required by the position.
4. If the person bumped was transferred to the last held position from a higher paid classification, there is no right to bump back to the higher paid position.
5. An employee may only bump to a lower level.
6. The bumped employee will be placed on the pay range at the step closest to but does not exceed their hourly wage in the old position. If their hourly wage in the old position exceeds the closest step, then their wage will be frozen until the step equals or exceeds the frozen wage. At this point, normal step movement will resume.
D. A layoff list will be maintained by the District Human Resources Office by classification of all employees bumped into a different classification or to the outside. Recall will be made in seniority order from the list for each job.
E. Employees shall retain recall rights for a period of twenty-seven (27) months from the date of layoff. The laid off under the above procedure may exercise the bumping rights in this section. Employees employee, however, must notify the Superintendent District of any address change. The District is obligated only to make an attempt to reach the last known address by certified mail.
F. When a person on a layoff list is offered a position that is not equivalent to the position from which they were bumped, they can choose to be passed over to wait for an equivalent position. Equivalent position shall be defined as any position within 80 percent of the previous wages. If an equivalent job offer is made, he/she must accept or be removed from the list.
G. Applications of seniority for layoff purposes:
1. “District seniority” shall be defined as the total length of an employee’s continuous service to the District since the most recent date of hire. For purposes of computing seniority, all approved leave time shall be included. District seniority date begins with the first day of regular employment. An employee who has been in writing a layoff status for less than 27 months shall not lose any District seniority, except that the period of layoff shall not be used for additional seniority. An employee who leaves the classified bargaining unit shall lose all District seniority if the employee returns to regular classified employment with the District. In such cases, the employee will begin anew in the seniority process. This does not apply to employees who are on an approved District leave of absence.
2. “Classification seniority” shall be defined as the total length of an employee’s continuous service within 5 a job classification as listed in paragraph 1 of this article.
3. An employee who is promoted or transferred to a new job classification begins accruing classification seniority within that job classification on the first day of work in that classification.
4. When the District changes the classification or level of an existing position to a different classification or level, the employee will retain their seniority in that position.
5. Order of layoff shall be based on District seniority. If the seniority date of two (2) or more employees is the same, layoff shall be determined by their classification seniority. If the District and classification seniority are the same, then the two (2) or more employees will draw lots. Employees to be laid off or bumped shall be provided written notice at least fifteen (15) working days prior to their date of layoff or bump.
H. Employees whose hours are reduced below four (4) so that they lose District paid fringes entirely will be offered the first available equivalent position for which they are qualified and which has sufficient hours to restore fringe benefit coverage and does not exceed the hours of their intention previous position. If they refuse the position offered, they are only entitled to exercise one’s bumping right. Bumping rights apply for other openings.
I. Upon request the District shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of provide the Chapter President with a reduction in force to displace an employee with less seniority in:list for all classified positions.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes Section 16.1: When the Employer determines that a layoff or job abolishment is necessary to reduce the number of employees in a job classification due to abolishment of positions, a lack of work, return to duty lack of regular employees from a leave of absence, building closing funds or a projected deficit re-organization, all affected employees and the Union Local President shall be notified at least fourteen (14) calendar days in financial resources as substantiated by current financial statementsadvance of the effective date of the layoff or job abolishment. The Employer agrees to discuss with representatives of the Union the impact of the layoff on bargaining unit employees.
Section 16.2: The Employer shall determine in which classification(s) and which work section(s) layoffs will occur. Within each classification affected, employees will be laid off in accordance with their seniority and their ability to perform the remaining work available without further training. When two or more employees have relatively equal experience, skill, ability and qualifications to do the work without further training, the employee(s) with the least seniority will be laid off first.
Section 16.3: Within the classification and/or work section in which a layoff occurs, temporary, intermittent, seasonal and employees serving their initial probationary period shall first be laid off, in that order, prior to the laying off of permanent, non-probationary employees in that classification or work section.
Section 16.4: If a bargaining unit employee is laid off or if the employee’s position is abolished, the employee shall have the right (but only once during any lay off affecting the position) to displace another less senior bargaining unit employee within the same classification series (equal to or less in rate of pay), or to likewise displace into a position that the employee has successfully held within the immediately preceding five (5) years, provided that such displacement shall be subject to the following procedure shall govern such layoffprovisions:
1.1.1 A. The number bargaining unit employee exercising displacement rights is currently qualified, with only orientation, to perform the duties of people affected that position, and
B. The bargaining unit employee exercises such displacement rights by reduction so notifying the Employer not later than five (5) business days after receiving layoff notice, and
C. The Employer shall have thirty (30) calendar days after the employee displaces into the position to evaluate the employee’s performance and to determine whether the employee is, in fact, qualified to perform the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a duties of that position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees Section 16.5: Employees who are laid off shall be laid off according placed on a recall list for a period of one (1) year. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to district-wide seniorityperform the work in the job classification to which they are recalled without further training.
Section 16.6: Notice of recall from a layoff shall be sent to the employee by certified or registered mail with a copy to the Union. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by certified or registered mail, with return receipt requested, to the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. last mailing address provided by the employee.
Section 16.7: In the case of identical senioritya layoff, order the recalled employee, except for good cause shown, shall have five (5) calendar days following the date of hire will prevail as evidenced by adoption mailing of the Board Resolution recall notice, sent certified mail-restricted delivery, to notify the Employer of employment.
1.1.3 The the employee’s intention to return to work and shall have ten (10) calendar days following classifications shall be used the mailing date of the recall notice in which to report for the purpose of defining classification seniority duty, unless a different date for returning to work is otherwise specified in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:notice.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 Section 1. Layoffs. If it becomes necessary to reduce the number of City, in its sole discretion, determines that layoffs are necessary, employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to districtin the following order:
a) Temporary, part-time or seasonal employees in the affected classification within the affected department or division;
b) Newly hired probationary employees in the affected classification within the affected department or division;
c) In the event of further reductions in force, employees will be laid off from the affected classification within the affected department or division starting with the least classification seniority. When such reduction shall occur, the employee with the least classification seniority in the affected classification shall, based on City-wide seniority, with displace the least senior employee laid off firstin a lower or equally rated job classification in the bargaining unit, provided he is qualified to do the job and has the necessary City-wide seniority. Authorized leaves For the purposes of absence do not constitute this section, an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications employee shall be used presumed to be qualified for a lower or equally rated job classification if the employee has previously held and satisfactorily performed in such position for not less than one (1) year or if the employee has previously been on the hiring list for such position within the previous five (5) years. For the purposes of this section, an employee shall not be considered unqualified for a lower or equally rated job classification solely because the employee does not then currently possess a license required by a current job description if such job description allows for a period of time to obtain such required license. For the purpose of defining classification seniority clarification, such an employee shall be required to thereafter obtain the required license within the time period specified in the event job description.
d) An employee who is on layoff with recall rights shall retain his seniority and unused benefits accrued up to the effective date of the layoff and shall have the right to maintain insurance coverage by paying in advance the full applicable monthly premium for employee or dependent coverage, whichever may apply; provided, however, that the employee shall not be eligible to accrue seniority, sick leave and vacation leave during the layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any . An employee electing to participate in the Bargaining Unit insurance coverage while on layoff shall be allowed up to twenty-four (24) months of said participation and shall be reimbursed for any overpayment. If any non-probationary employee is laid off under as a result of the above procedure may exercise foregoing layoff provisions, said employee may, at his option, bump any non-bargaining unit temporary, part-time, or seasonal employee employed by the bumping rights City to perform work the same as or similar to work performed by bargaining unit employees, provided he is qualified to do the job of the displaced temporary, part-time, or seasonal employee. In such event, the employee shall not be in the bargaining unit; provided, however, that such employee shall retain the right to be recalled to a bargaining unit position in accordance with the provisions of this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If A. In the event the Employer determines it becomes is necessary to reduce the number of employees in librarians, or to discontinue a job classification due position to abolishment of positions, lack of work, return to duty of regular employees from which a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementslibrarian is assigned, the following procedure procedures shall govern such layoffbe used:
1.1.1 1. The number of people affected by reduction in the force will librarian shall first be kept transferred to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a any vacant position.
1.1.2 Whenever it becomes necessary 2. If there is no such vacant position and the librarian is on probation, the librarian shall be terminated or, at the Employer’s discretion, placed in a position held by another probationary librarian.
3. If the librarian has seniority, such librarian shall displace a probationary librarian.
4. If there is no probationary librarian holding a position to layoff employees within a classification for reasons which the librarian may transfer as stated aboveabove provided, the librarian shall displace the least senior librarian in the bargaining unit.
5. If the affected employees librarian cannot be placed in another position utilizing the procedure as above provided, the librarian shall be laid off.
B. If the affected librarian holds a part-time position and wishes to maintain part- time hours and the first option of bumping is a full-time position, he/she may bump into a part- time position provided (1) that position is held by a librarian who would be affected through the natural course of the bumping process, and (2) the librarian has less seniority than the affected librarian. The same process may also be used to ensure a full-time librarian maintains his/her hours if such librarian’s first option for bumping is a part-time position.
C. If no vacant position exists and the affected librarian opts to accept layoff rather than bump a less senior librarian, he/she may do so without any loss to his/her rights to unemployment compensation.
D. Librarians shall be provided a minimum of thirty (30) calendar days advance notice of layoff except in the following circumstances. If due to an emergency a library building is anticipated to be closed for more that fourteen (14) calendar days, the librarians shall be notified immediately and layoffs, if necessary, will commence on the fifteenth (15th) day. (This provision shall not apply to transfers to position vacancies, or other displacements not resulting in a librarian’s actual layoff).
E. When the workforce is increased after a layoff, librarians who have been laid off according to district-wide will be recalled in order of seniority, most senior first.
F. Librarians shall be subject to recall for a period of eighteen (18) months from the date of layoff, or a period equal to the librarian’s length of seniority, whichever is less. The Employer shall in no event be obligated to recall a librarian more than eighteen (18) months following the date of layoff.
G. Each librarian being recalled shall be notified by registered or certified mail (or other provable means of delivery) at his/her last known address. Each librarian being recalled shall have ten (10) calendar days from the date of initial attempted delivery to notify the Employer of his/her intent to return. If the librarian fails to notify the Employer’s Human Resources office of his/her intent to return within ten (10) calendar days as provided above, and/or fails to report for work as directed in the notice of recall, the librarian shall automatically forfeit all employment rights, and shall be considered a voluntary quit. The Employer shall notify the Association of all recalls.
H. Upon return to service with the least senior employee ▇▇▇ Arbor District Library, those librarians who were laid off first. Authorized leaves between July - December shall be placed at the same salary (or salary step, if applicable) they were on at the time of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employmentlayoff.
1.1.3 The following classifications shall I. Librarians laid off between January - June and returned to employment the same fiscal year as their layoff will be used for placed at the purpose of defining classification seniority in same salary (or salary step, if applicable) they were on at the event time of layoff:
A. Account Clerk
B. Bus. If the librarian is returned after the fiscal year he/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenanceshe will be placed one step higher on the salary schedule, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of if such a reduction in force to displace an employee with less seniority in:step exists.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary A. The UNION recognizes the exclusive right of the BOARD to reduce determine personnel reductions. Layoff shall take place by classification within the number of employees in a job classification due unit according to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources need as substantiated determined by current financial statements, the following procedure shall govern such layoff:
1.1.1 BOARD. The number of people affected by reduction least senior employee in the force will affected classification shall be kept to a minimum by laid-off. The BOARD shall not employing replacements insofar as practical for employees post or hire new personnel until all members on layoff have been recalled. Members on layoff who resign, retire, or otherwise vacate a are recalled must meet the requirements of the posted position.
1.1.2 Whenever it becomes necessary B. Unit Classifications Bus Monitors/Crossing Guards/Parking Lot Hall Monitor High School Guard In-House Suspension Monitors Instructional NCLB (No Child Left Behind) Para-professional Remedial Specialists Temporary Remedial Specialists
C. The employee shall have the employee right to layoff employees bump next lower seniority employee with the closest number of hours within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with same classification. In the event that the employee is the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous servicethat classification, the employee may bump individuals in a lower classification if they have greater district seniority and applicable qualifications as listed on the current job posting. In the case event that two or more employees have the same exact seniority date the BOARD reserves the right to break all ties at its sole discretion. A meeting will take place with all employees affected by the bump, the Department of identical seniority, order of hire will prevail as evidenced by adoption Administrative Services and Operations and the President of the Board Resolution Union (or their designees) within a specified time agreed upon by both sides of employmentthe bargaining teams in order to finalize the bump.
1.1.3 D. Employees may not bump any employee who has a schedule that exceeds their own by more than five (5) hours per week (average weekly schedule) regardless of classification. The following classifications bump must be completed within a two (2) week period of the employee being notified that their job is being eliminated. The two (2) week time period may be extended if so agreed upon by the Union President and the Assistant Superintendent of Administrative Services and Operations.
E. During layoff, neither wages nor fringe benefits will be paid, nor will sick days or wage increments or seniority accrue, but upon recall, unused sick days and seniority held at the start of the layoff shall be reinstated.
F. In the event an employee on layoff is provided a notice of recall and does not notify the BOARD in writing of his/her acceptance within five (5) work days, then such employee will have no further recall rights unless approved by the Assistant Superintendent of Administrative Services and Operations. It is understood that it is the responsibility of the employee to keep the BOARD notified of his/her current address.
1. The five (5) day limitation in which the employee has to notify the BOARD of his/her acceptance, as set forth in Article VI, Section 6.08, Subsection C, may be waived by mutual written agreement between the UNION and the BOARD.
2. A laid off employee may accept the layoff and decline to bump if the position to which the employee could bump is one that would result in movement from a position of 20 or more hours per week to a position of less that 20 hours per week. Such an employee may remain on layoff until a position of 20 or more hours opens, or until recall rights have otherwise terminated or expired.
3. Any employee who bumps an individual in a different job title will be considered to be on a trial period for forty-five (45) working days. After the trial period the appropriate supervisor may cancel the bump and restore the original employee to the job.
4. Classification shall be used for the purpose purposes of layoff and recall and shall not be used for the purposes of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:or limiting job responsibilities.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes A. Layoff shall be defined as a necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the work force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionbeyond normal attrition.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees B. No Employee shall be laid off according pursuant to districta necessary reduction in the work force unless said Employee shall have been notified of said layoff at least fifteen (15) work days prior to the effective date of the layoff. The layoff notification does not apply where the layoff is due to an unanticipated occurrence, such as an emergency.
C. In the event of a necessary reduction in work force, the Board shall layoff on a classification-wide seniorityby- classification basis. The Board shall first layoff probationary employees in the classification, with then the least senior employees within the classification. In no case shall a new employee be employed by the Board in a classification while there are employees who are qualified for a vacant or newly created position who are on layoff from that classification. Qualified is defined as meeting the minimum requirements for the vacant or newly created position.
D. In the event of a reduction in the work hours of an employee, the employee may claim seniority over another employee in the same classification for the purpose of maintaining his/her normal work schedule provided he/she has greater seniority than the employee he/she seeks to replace. The employee replaced shall be the least senior employee with sufficient hours in the classification.
E. A laid-off Employee shall upon application, and at his/her option, be granted priority status on the substitute list for his/her classification according to his/her seniority.
F. Laid off Employees shall be recalled in reverse order of layoff to positions for which they are qualified in the classification from which they were laid off firstor in classifications in which they have seniority. Authorized leaves Qualified is defined as meeting the minimum requirements for the position.
G. Notices of absence do not constitute an interruption in continuous servicerecall shall be sent by certified or registered mail to the last known address as shown on the Employee’s records. In The recall notice shall state the case of identical seniority, order of hire will prevail as evidenced by adoption of time and date on which the Employee is to report back to work. It shall be the Employee’s responsibility to keep the Board Resolution notified as to his/her current mailing address. A recalled Employee shall be given at least five (5) calendar days from receipt of employmentnotice, excluding Saturdays and Sundays, to report to work. The Board may fill the position on a temporary basis until the recalled Employee can report for work providing the Employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. If an employee declines recall or fails to report within the aforementioned time limits, this shall constitute his/her resignation from employment and forfeiture of his/her seniority and employment rights.
1.1.3 The following classifications H. A laid off Employee shall be used for the purpose of defining classification seniority lose all recall rights in the event he/she is not recalled within one (1) year from the effective date of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:.
Appears in 2 contracts
Sources: Bus Driver Agreement, Bus Driver Agreement
Layoff and Recall. 1.1 If it becomes necessary
.01 The Company shall notify the Association a minimum of sixty (60) Calendar Days prior to reduce a notice of layoff being issued.
.02 Prior to any layoffs, all surplus Positions shall be first dealt with through attrition, LOA and/or SLOA programs, and any other mitigation programs that may be agreed to between the parties. The Company and Association shall, within fifteen (15) days of .01 above issue a memo to the Pilots outlining any agreed upon mitigation strategies. Possible mitigation strategies could include, but are not limited to:
a) Reduce Maximum Monthly Blocks
b) Voluntary severance options
c) Reduced Time Blocks (RTB)
d) Extended Charter Operations (ECO)
e) Early Retirement Incentives
f) Company/ALPA Organized Pilot Placement Program
g) Unpaid Vacation
h) Government Assistance Programs (i.e. EI Supplement)
.03 At least sixty (60) Calendar Days prior to a layoff the Company shall issue a Reduction Bulletin to all Pilots, advising the requirement for a layoff, the number of employees Positions being reduced, the affected Base(s) and the scheduled date of layoff.
.04 Pilot layoffs shall occur in reverse order of system seniority.
.05 The Company shall provide written notice to a job classification Pilot at least thirty (30) Calendar Days prior to his being laid off.
.06 Any Pilot to be laid off, and whose instrument rating is due to abolishment expire within ninety (90) days from the date of positionslayoff, lack shall have the opportunity to renew his instrument rating prior to his layoff date.
.07 Prior to being laid off a Pilot may take outstanding Vacation and/or Statutory holidays in lieu of workor as part of his layoff.
.08 A Pilot who is laid off shall have the option of choosing to maintain all or any benefits normally covered by payroll deduction at Pilot expense subject to the terms and conditions of the Benefit Plans.
.09 A Pilot who is laid off shall file his address with the Director, return Flight Operations and shall thereafter promptly advise the Director, Flight Operations of any change in address. The Director, Flight Operations shall forward the address or change of address to duty of regular employees from a leave of absence, building closing or a projected deficit Human Resources department to be placed in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:his personal file.
1.1.1 The number of people .10 A Pilot affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force who must displace to displace another Base to maintain employment may, at his option, take an employee early layoff at his Base in lieu of displacing a more junior Pilot who continues to work at another Base.
.11 After ten (10) years of uninterrupted layoff a Pilot’s employment with less seniority in:the Company shall be terminated automatically unless otherwise mutually agreed upon between the Company and the Association. Any Pilot on layoff in excess of five (5) uninterrupted Years may be required to serve a six (6) month Probationary Period upon recall to service.
.12 Notwithstanding the notice requirements in .01, .02
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If A. In the event it becomes is determined by the School Board that it is necessary to reduce or lay off the work force, the administration will determine which position will be eliminated or reduced. Employees whose positions are eliminated or whose hours are reduced by more than 20%, the person in that position shall then bump the most junior person in her/his classification for which he/she is qualified, with the same or closest to, number of hours outside or inside her/his building. If there is no one in the same classification junior to the person holding the position to be eliminated, she/he shall bump the most junior person in the next lower classification. Food & Nutrition employees may not bump into a higher classification. If there is no junior person in the categories involved, the individual would be placed on recall. If an employee has two assignments in different classifications, they will be considered the classification in which they work the most hours for purposes of bumping. If the number of hours is equal in two classifications, they will be considered the higher classification. Employees normally will be given a ten day (10 calendar days) written notice of layoff in advance of the effective layoff date. In cases of emergency less than a ten (10) day notice may be used.
B. Employees shall have the right to accept layoff in lieu of accepting a position through the procedure in Paragraph B.
C. No employee shall gain a right to promotion through the layoff or recall procedures.
D. In the event it is deemed necessary by the District to increase the work force, recall shall be on the basis of seniority, highest seniority from layoff being recalled first.
E. Laid off employees shall retain a right of seniority order for recall for a period of twelve (12) months commencing with the last day of work prior to layoff.
F. It is the employee's responsibility to have a current address on file with the Human Resources Department in order to be notified of recall to a job classification due position for which the individual is qualified.
G. Failure of an individual to abolishment of positions, lack of work, return to duty employment upon recall and/or upon the expiration of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure twelve (12) month recall period shall govern such layoff:
1.1.1 The number of people affected by reduction result in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption individual's loss of the Board Resolution of right to be recalled to employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:
Appears in 2 contracts
Sources: Working Agreement, Working Agreement
Layoff and Recall. 1.1 A. If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of funds, or lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure procedures shall govern such layoff:.
1.1.1 B. The number of people persons affected by a reduction in the force will be kept to a minimum by not employing replacements replacement, insofar as practical practicable, for employees who resignretire or resign or whose contracts are not renewed. Attrition, retiremoreover, or otherwise vacate may not be sufficient to accomplish a positionreduction in force in full.
1.1.2 C. Whenever it becomes necessary to layoff lay off employees within a classification for by reasons as stated above, affected effected employees shall be laid off according to district-wide seniorityseniority within the classification, with the least senior employee laid off first. Seniority shall be defined as the uninterrupted length of continuous service with the Board of Education in a particular job classification computed from the latest date of hire or appointment to their present classification. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire the person's social security number shall be the tie breaker. The last digit will prevail break the tie with 0 being low and 9 high, the high number will be placed as evidenced by adoption of senior. If the Board Resolution of employmentlast number is tied, then the next to last number will be used, and so on until the tie is broken.
1.1.3 D. The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head : Bus Driver
D. Drivers Cafeteria Personnel Custodial Personnel Maintenance Personnel Educational Aides Secretaries Bus DriverMechanics
E. Head Cook/Cashier/ Cafeteria Staff The Board of Education shall determine in which classifications the layoff should occur and the number of employees to be laid off.
F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any Recall shall first occur within the effected classification before recall to employees laid off from other classifications. An employee whose name appears on the layoff list shall be offered re-employment when a position becomes available for which he or she is qualified. Employees shall be offered re-employment to positions for which they are qualified in the Bargaining Unit laid off under order of seniority at the above procedure time of layoff. However, it may exercise be necessary to hire some replacements for some positions if other employees in the bumping rights in this sectionSystem do not possess the qualifications for the position.
G. Employees on layoff shall be responsible for keeping the Board informed as to their current address and employment status. Employees must notify Notifications for re-employment by the Superintendent in writing Board shall be by registered or certified letter to such current address as is available. The failure of said employee to accept the offer of re-employment within 5 work seven (7) calendar days of their intention to exercise one’s bumping rightthe receipt date will be considered as a rejection of that offer, and thus will authorize the removal of that employee from the layoff list.
▇. Bumping rights The employee's name shall entitle qualified remain on the layoff list for a period of twenty-four (as defined in Article X, Section 1.1.124) employee whose contract has been suspended on account months from the effective date of a reduction in force to displace an employee with less seniority in:layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 A. If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positionsthrough general layoff, lack of work, return to duty of regular probationary employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves All other employees will be laid off in order of absence do seniority. (The employee having the least seniority will be laid off first.) Recall will be in reverse order of layoff.
1. If, as a result of layoff, a seniority employee would be moved to a position that the employee feels would be unacceptable, that employee may choose to be voluntarily laid off and the highest seniority employee scheduled to be laid off would be recalled to such position.
2. If, as a result of layoff, a seniority employee is moved to a position not constitute previously occupied by said employee, a thirty (30) working day trial period will be in effect. If, within twenty (20) working days of the start of the trial period, the employee, the supervisor, or the Executive Director of Human Resources determines that the employee is having difficulty with the assignment, one of the following options will apply:
a. The employee may be transferred voluntarily or involuntarily if such transfer would not result in the layoff of an interruption in continuous serviceemployee of higher seniority.
b. The employee may be voluntarily laid off and the highest seniority employee on layoff will be recalled.
B. All employees will be given a minimum of thirty (30) calendar days notice if layoff becomes necessary. In the case event of identical senioritya severe financial emergency, order of hire and after consulting with the Association President, the thirty (30) day notice provision may be shortened to no less than ten (10) work days.
C. If a laid off employee resigns during layoff, the laid off employee will prevail as evidenced receive severance pay for unused paid leave days according to Article XVIII, Compensation, Section B.
D. A recall notice will be sent by adoption of registered mail to the address currently recorded in the Board Resolution of employmentEducation Office. Failure to respond within ten (10) working days will be deemed a resignation. Each employee on layoff will be responsible for informing the Personnel Department of any change of address for notification.
1.1.3 The following classifications shall be used E. Laid off employees will remain on recall status for the purpose of defining classification a time equal in length to their seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenancedistrict or three (3) years, Custodian Iwhichever is lesser, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian but no less than twelve (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit 12) months. No laid off under employee shall be obligated to accept a part-time position to maintain their recall rights. However, acceptance of an interim part-time position will not prevent the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention employee from being recalled to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:his/her regular position.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number of employees in a job Section 1. When any employee within any classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementsis laid off, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in employee with the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a least classification for reasons as stated above, affected employees seniority shall be laid off according first.
A. A minimum of twenty (20) working days will be given for notice on layoffs due to district-wide senioritya reduction in staff, excluding temporary employees.
Section 2. An employee who has been laid off may, at any time, displace an employee in any other classification in which he/she has previously worked, if he/she has more seniority in the other classification than the employee to be displaced.
A. Such employee shall be paid the highest wage rate in the other classification or his/her classification wage rate, whichever is lower.
Section 3. If an employee in the Maintenance and Operational department cannot displace any other employee under the provisions of this Article 10, an employee in said department may displace the employee in the custodial classification with the least bargaining unit seniority if the laid-off employee has more bargaining unit seniority than the employee to be replaced.
A. Such employee shall be paid the highest wage rate in such classification or his/her classification wage rate, whichever is lower.
Section 4. Employees having the most applicable seniority will be the first recalled to jobs from which they were laid off or to jobs referred to in this Article 10 if such jobs become available before recall to the jobs from which they were laid off.
Section 5. No job shall be filled, except in case of emergency on a temporary basis, so long as any employee entitled to be recalled is laid off.
Section 6. In all instances in which a senior employee laid off first. Authorized leaves displaces a junior employee, provisions of absence do this Agreement guaranteeing a trial period or qualifying period shall not constitute an interruption in continuous service. In apply, and any employee who displaces another must be capable of performing the case of identical seniority, order of hire will prevail as evidenced by adoption duties of the Board Resolution job after a period of employmenttwo (2) days in which to familiarize himself/herself with the duties of his/her job.
1.1.3 The following classifications Section 7. Notice of recall shall be used for given to the purpose employee entitled to be recalled at the last address of defining classification seniority in the event employee recorded at the Human Resources Office by certified mail, return receipt requested. The employee shall report to work no later than ten (10) working days after mailing of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:notice.
Appears in 2 contracts
Sources: Maintenance Operational Master Contract, Maintenance Operational Master Contract
Layoff and Recall. 1.1 If it becomes necessary to reduce Section 10.1. When the number Employer determines that a layoff is necessary, all affected employees and the local Union business agent shall be notified in writing in advance of employees in a job classification due to abolishment the effective date of positions, the layoff. The Employer shall give fourteen (14) days’ notice of layoff. Reasons for layoff include lack of work, return to duty lack of regular employees funds, reorganization, and job abolishment. “Abolishment,” as used herein, shall mean the permanent deletion or removal of an encumbered position or positions from a leave of absence, building closing the organization or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept structure due to a minimum by not employing replacements insofar lack of continued need for a position, as practical a result of a reorganization for employees who resignthe efficient operation of the Agency, retirefor reasons of economy, or otherwise vacate due to a positionlack of work which is expected to be permanent. A lack of work is expected to be permanent if the lack of work is expected to last more than one year. Upon written request of either party, Management and Union representatives shall meet to discuss the reasons for the layoff and its impact upon the bargaining unit.
1.1.2 Whenever it becomes necessary to layoff Section 10.2. The Employer shall determine the classification(s), work unit(s), and employment status (full-time/part-time) in which layoffs will occur. Within each classification and work unit affected, employees within a classification for reasons as stated above, affected employees shall will be laid off according in accordance with their seniority.
Section 10.3. Any employee receiving a notice of layoff shall have three (3) days in which to district-wide seniorityexercise bumping rights. Employees who are displaced due to bumping shall be considered as having been laid off and may exercise their bumping rights within the subsequent three (3) days time period.
A. An employee who is laid off may bump a less senior employee in the same classification, or a parallel classification (same minimum rate of pay), or a lower classification (lower minimum rate of pay) within his/her classification series/grouping as set forth in Appendix A, provided the employee is presently qualified for the classification/position into which he/she is electing to bump.
B. Notwithstanding the above, an employee who is laid off within five (5) years of retirement eligibility under P.E.R.S. and who has at least ten (10) years of service with the Agency, who is unable to bump within his/her classification series/grouping, may exercise his/her seniority to bump the least senior employee in another classification series/grouping in the following order:
1. To a parallel classification in another classification series/grouping, provided the employee is presently qualified to perform the duties of such classification; or
2. To a lower classification in another classification series/grouping, provided the employee is presently qualified to perform the duties of such classification; or
3. To the next highest classification (next highest minimum rate of pay) within his/her classification series/grouping, provided the employee is presently qualified to perform the duties of the higher classification; or
4. To the lowest classification in anther classification series/grouping (even though the minimum rate of pay may be higher), provided the employee is presently qualified to perform the duties of such classification.
C. A full-time employee who is laid off firstmay exercise his/her seniority to bump into a part- time position within his/her classification series/grouping, if one exists. Authorized leaves The Employer agrees not to challenge an application for Unemployment Compensation benefits due to the fact that the affected employee has elected not to bump into a part time position. Additionally, a laid off employee may elect to be added to the intermittent list for the classification he/she was laid off from, if one exists. If the employee bumps into a lower classification or another position, the employee will serve a probationary period of absence do not constitute an interruption thirty (30) days. If the employee demonstrates unsatisfactory job performance, the employee must accept the layoff.
Section 10.5. Employees who are laid off shall be placed on a recall list for a period of twenty- four (24) months. If there is a recall, employees who are still on the recall list shall be recalled in continuous servicethe inverse seniority order of their layoff provided they are presently qualified to perform the work, in the same or lower job classification within their classification series/grouping, that is available for recall.
Section 10.6. Notice of recall from a layoff shall be sent to the employee by certified mail with a copy to the Union Business Agent. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by certified or registered mail to the last mailing address provided by the employee.
Section 10.7. In the case of identical senioritya layoff, order of hire will prevail as evidenced by adoption the recalled employee shall have fourteen (14) days following receipt of the Board Resolution of employment.
1.1.3 The following classifications shall be used recall notice to report for the purpose of defining classification seniority duty, unless a later date for returning to work is otherwise specified in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:notice.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes Section 13.01. Whenever the Employer determines that a layoff is necessary to reduce in the number of employees in a job classification bargaining unit due to abolishment of positions, lack of work, return to duty work or lack of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementsfunds, the Employer shall notify the affected employees at least fourteen (14) calendar days in advance of the date of layoff or job abolishment.
Section 13.02. The Employer shall determine in which classification(s) and which work section(s) layoff or job abolishment will occur. Within each classification, affected displacement shall occur in the following procedure shall govern such layofforder:
1.1.1 The number of people affected by reduction in a. Temporary, casual (intermittent), seasonal, and Part-time employees.
b. New hires who have not completed the force will be kept to a minimum by not employing replacements insofar as practical for probationary period.
c. Promoted employees who resign, retire, or otherwise vacate a positionhave not completed the probationary period.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniorityd. Employees who have completed the probationary period, with the least senior employee laid off firstbargaining unit seniority. Authorized leaves The order of absence do not constitute an interruption layoff in continuous serviceeach of the above categories shall be determined by least bargaining unit seniority. In If two or more employees have the case of identical same bargaining unit seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employmentemployee with the least classification seniority shall be displaced.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this sectionSection 13.03. Employees must notify the Superintendent in writing within 5 work days of who are placed on layoff may apply their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force bargaining unit seniority to displace an employee with less bargaining unit seniority in:in any lateral or lower bargaining unit classification in which the displacing employee holds classification seniority, and shall receive the rate of pay for that classification. Employees must notify the Employer within seven (7) days from receipt of layoff notice of their intent to exercise displacement rights.
Section 13.04. When it becomes necessary in the Vermilion Police Division through lack of work or causes other than disciplinary reasons, to reduce the force in such division, the youngest Patrolman employee in point of service shall be the first to be laid off. In the event that a position in the Vermilion Police Division above the rank of Patrolman is abolished and the incumbent of such position had been permanently appointed thereto, he or she shall be reduced to the next lower rank in such Department, and the youngest officer in point of service in the next lower rank shall be reduced to the next lower rank, and on down until the youngest officer in point of service has been reached, who shall be laid off.
Section 13.05. Employees who are placed on layoff may request to receive payment for earned but unused vacation, and personal time benefits. If the employee chooses to not exercise this option and the employee is not recalled as set forth in this Article, these benefits will be paid anytime during the recall period at the hourly rate earned at the
Section 13.06. Laid off employees shall be eligible for recall 24 months from the date of the layoff. Recall from layoff will be made in reverse order of layoff, that is, the last employee placed on layoff from a classification shall be the first to be recalled. Employees who refuse recall to a classification from which they have been laid off shall lose seniority and recall rights. Employees who fail to return to work within fourteen (14) calendar days following the date of notification or recall shall lose seniority and employment rights.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If A. When the Board determines it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work-decreased enrollment of pupils, return to duty of a regular employees from employee after a leave of absence, suspension of schools or territorial changes affecting the District, building closing closures or a projected deficit in building/District realignment, or for financial resources as substantiated by current financial statements, reasons the following procedure shall govern such layoff:.
1.1.1 B. Prior to any reduction in staff the Board shall meet with the Association to advise them of the determined reduction.
C. The number of people affected by a reduction in the force will be kept to a minimum by not employing replacements replacements, insofar as practical is practical, for employees who resign, retire, retire or otherwise vacate a position. Substitute employees, seasonal and casual employees, student workers, temporary employees, and any governmental program employees shall be laid off before any regular employees.
1.1.2 D. Whenever it becomes necessary to layoff lay off employees within a classification for by reasons as stated above, affected employees shall be laid off within a respective classification according to district-wide classification seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, the date of receipt shown by the Bureau of Criminal Identification for fingerprinting will be used to determine the order of hire layoff. If the BCI is showing the same date, a flip of a coin will prevail as evidenced by adoption determine the order of layoff. The classifications listed below the Board Resolution of employment.
1.1.3 The following classifications Secretarial, Transportation, Cafeteria and Custodial Departments shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus: Secretarial Transportation Administrative Assistant Head Mechanic Social Worker Mechanic District Computer/PupilNetwork Specialist Bus Drivers Computer Technician Crossing Guards A-V Technician On Board Instructors Library Clerks Independent Aides Cafeteria Teacher Aides Managers Noontime Supervisors/Monitors Cooks School Health Aides (Hourly) Helpers Auxiliary Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver(Hourly) Servers Attendants Custodial Maintenance Custodians Cleaning Staff Custodial continued Maintenance Helper Storeroom
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any Employees affected by layoff shall have the right to displace a less senior employee in the Bargaining Unit their own classification or a less senior employee in a classification previously held. During a layoff employees with a limited contract status shall be laid off prior to an employee who has a continuing contract status. After the initial RIF within the classification an employee may use system seniority to move into a classification previously held. An employee who assumes a previously held position will be placed at the salary schedule step that best keeps their rate of pay the same and, when feasible, the employee will keep their same rate of pay within the same Department.
F. The Board shall determine in which classification the layoff should occur and the number of employees to be laid off. In the classification of layoff, employees on probation shall be laid off before any employee in that classification employed under a continuing contract is laid off.
G. For the classifications in which the layoff occurs, the Board shall prepare a reinstatement list and name all employees on the reinstatement list in the reverse order of layoff. Reinstatement shall be made from this list before any new employees are hired in that Classification. Vacancies that occur in the classification of layoff shall be offered to the present employees according to Article VII. Vacancies that remain following the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent shall be offered and accepted or declined in writing by the employee standing highest on the layoff lists who is qualified for the position within 5 work seven (7) calendar days before the next person on the list may be offered the vacancy. The employee's name shall remain on the appropriate list for a period of their intention to exercise one’s bumping righttwo (2) years from the effective day of layoff. Bumping rights If reinstated from layoff during this period, such employee shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account retain all previous accumulated seniority and a notice of a reduction in force to displace an employee with less seniority in:reinstatement shall be made by certified mail.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Layoff and Recall. 1.1 If Section 1: Timberland Regional Library maintains a work force capable of doing the work necessary to perform its responsibilities. If, because of a lack of funds and/or a lack of work, it becomes necessary to reduce its work force, Timberland normally will attempt to reach reduced strength through attrition and curtailment of hiring. Job sharing, unpaid leaves of absence, transfer and early retirement represent other possible alternatives which may be considered. TRL shall notify the Union prior to implementing layoffs, and the parties shall meet to discuss possible alternatives.
Section 2: This reduction-in-force procedure is designed to effect staff layoffs in an orderly manner with a minimum of interference to the work process. Its purpose is to allow an employee whose position is to be reduced or eliminated to accept available employment in the Library District.
Section 3: Temporary employees and substitute employees do not accrue seniority and they may not exercise the reduction-in-force rights provided in this procedure.
A. An employee being laid off (his/her position is involuntarily eliminated or reduced by 20 percent or more or involuntarily reduced to the extent that he/she is no longer eligible for health insurance) shall be given written notice specifying the date and nature of layoff. Such notice will be given at least fourteen (14) days prior to its effective date. An employee so notified will be informed of his/her bumping options in writing at the time notice is given.
B. Timberland will provide, upon request, individual counseling for employees laid off, to include a review of options, information on other positions within Timberland, information on vacancies outside of Timberland, advice on job-seeking skills, etc.
C. A laid-off employee may choose to "bump" (displace a less-senior employee from a retained position or fill a vacant position) into a position with the same or a lower classification in the same or a different location according to the principle of seniority; provided that the employee is qualified for the position being bumped. An employee may not bump into a position which has more hours or that is in a higher grade than the employee's current position.
1. A laid-off employee who wishes to exercise his/her right to bump must so inform the Employer within seven (7) days of his/her receipt of a layoff notice.
2. An employee who bumps into a position must accept the classification of the position (including salary) as well as the number and schedule of hours assigned to it. Laid-off employees who bump into positions at the same or lower classifications will maintain their existing hourly rate of pay, except that in no case shall the employee earn more than the maximum hourly rate of pay for their new grade.
3. An employee who is bumped out of a job classification due position is considered as being laid off when bumped and is then entitled to abolishment of positionshis/her bumping rights as described herein.
4. If a regular employee bumps a probationary employee or a probationary employee is filling a position which is being eliminated, lack of work, return to duty of regular employees from the probationary employee may not exercise the reduction-in-force rights provided in this procedure.
5. An employee may bump into a position in which the incumbent is on an authorized leave of absence; in such cases the incumbent may exercise any of the reduction-in- force options upon receipt of written notice. An employee may bump into a position filled on a long-term basis by a temporary employee. Regular employees temporarily assigned to positions that are laid off or bumped from such positions have all employee rights of their regular, building closing or assigned positions. Employees may not bump into temporary positions, as defined in Article 2 of the Union contract.
6. Employees who bump into different positions shall be subject to a projected deficit six (6)-month trial service. If the Employer determines during this trial service that the employee is not successful in financial resources as substantiated by current financial statementsa position, the following procedure shall govern such layoff:
1.1.1 The number employee may choose to be placed on the recall list for whatever period of people affected by reduction time remains in the force eighteen (18)-month period from the original, effective date of layoff. A second, unsuccessful trial service will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption result in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution termination of employment.
1.1.3 D. The following classifications Employer shall establish a recall list for a period of eighteen (18) months from the date of the layoff. Laid-off employees who do not bump may choose to have their names placed on the recall list. Employees on the recall list shall be used considered first for all vacancies with the same or lower classification and with the same or lower FTE of the position last held, according to the principle of seniority; provided that the employee is qualified for the purpose available position.
1. Employees on the recall list must indicate to the Employer the types and/or locations of defining positions for which they desire to be notified. Notices of recall for vacant positions with the same or lower classification seniority which fit the employees' instructions will be sent, via certified and first-class mail, to the employees at their last-known address. Employees who fail to respond within ten (10) days of mailing of the recall notice shall be considered to have quit and shall have their names removed from the recall list.
2. Employees' names shall be placed on the recall list at the level of classification occupied at the time of layoff. Employees may exercise recall rights for positions at the same or lower classifications only.
3. Employees on the recall list who are not eligible for recall to a particular position by reason of their classification shall be considered for promotional opportunities along with all other applicants.
E. For the purposes of bumping or for re-employment from the recall list, an employee is considered "qualified" for the position if the employee has worked in the event classification of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any the available position for at least 30 days and/or the employee in meets job description specifications for the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:particular position.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes Section 10.1 When the Employer determines that a long-term layoff or job abolishment is necessary due to reduce lack of work, lack of funds, reasons of substantial or material change in operations, or for purposes of reorganization for reasons of economy or efficiency, they will notify the affected employees thirty (30) calendar days in advance of the effective date of the layoff or job abolishment.
Section 10.2 The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will be laid off in order of their seniority beginning with the least senior and progressing to the most senior up to the number of employees in to be laid off.
Section 10.3 When Employees are laid off, the Employer shall create a job classification due to abolishment of positions, lack of work, return to duty of regular recall list for each classification. The Employer shall recall employees from a leave of absencelayoff within each classification as needed. The Employer shall recall such employees according to seniority, building closing or a projected deficit in financial resources as substantiated by current financial statements, beginning with the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction most senior employee in the force will be kept classification and progressing to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee up to the number of employees to be recalled. An employee shall be eligible for recall for a period of thirty-six (36) months after the effective date of the layoff.
Section 10.4 Less than fulltime employees will be laid off firstbefore any fulltime employees are affected by layoff.
Section 10.5 When the Employer recalls persons off the list, they shall be recalled to their previous classification, but not necessarily to the shift on which they were working when laid off. Authorized leaves Employees hired after 6-1-93 will maintain EMT-B and Firefighter II level of absence do not constitute an interruption in continuous servicecertification to be eligible for recall. Employees hired before 6-1-93 will maintain Firefighter II level of certification to be eligible for recall. For employees on layoff status, the City will provide in- house training, or reimburse employees for pre-approved training required to maintain certification.
Section 10.6 Notice of recall from a long-term layoff shall be sent to the employee by certified or registered mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee.
Section 10.7 In the case of identical senioritya long-term layoff, order the recalled employee shall have seven (7) calendar days following the date of hire will prevail as evidenced receipt by adoption certified mail of the Board Resolution recall notice to notify the Employer of employment.
1.1.3 The his/her intention to return to work and shall have fourteen (14) calendar days following classifications shall be used receipt by certified mail of the recall notice in which to report for the purpose of defining classification seniority duty, unless a different date for returning to work is otherwise specified in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:notice.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees A. Employees shall be laid off or recalled according to district-wide their bargaining unit seniority, those with the least senior employee seniority to be laid off first. Authorized leaves For employees in maintenance, grounds and shipping/receiving classifications, classification seniority shall be the seniority taken into consideration during layoff and recall.
B. An Employee scheduled to be laid off has the right to be administratively placed in a position for which he/she is qualified as specified below:
1. If the Employee scheduled for layoff possesses sufficient seniority, he/she shall first be assigned to displace the least senior Employee in the same pay classification for which he/she is qualified.
2. If displacement cannot occur within the same pay classification, the Employee, if he/she possesses sufficient seniority, shall be assigned to displace the least senior Employee in the next lower pay classification for which the Employee is qualified. Example 1: Employee A in General Maintenance has 10,000 hours within this job classification and 20,000 hours in positions within the bargaining unit. Employee B has 12,000 hours in the bargaining unit, all within this classification. A General Maintenance position is eliminated. Employee B remains in the General Maintenance position and Employee A has 20,000 hours of absence do not constitute seniority accrued to be administratively placed into a custodial position. Example 2: Employee C is a Navigator Head Custodian with 20,000 hours in this classification and 10,000 hours as a Custodian (a total of 30,000 hours in the bargaining unit). This position is eliminated. Employee C has 30,000 hours of seniority and can be administratively placed into the next lower pay classification (Elementary Head Custodian) and displace Employee D who has 25,000 hours as an interruption Elementary Head Custodian. Employee D then can be administratively placed in continuous service. In a Custodian position displacing the least senior Custodian.
C. An Employee shall be given 21 calendar days notice of intended layoff except in the case of identical an emergency (i.e., natural disaster, employee work stoppage, etc.) whereby a one (1) day notice shall be required.
D. Employees shall be recalled on the basis of seniority, order ; those with the most seniority shall be recalled first to a vacant position for which they are qualified. Recall rights shall be maintained for two (2) years from the effective date of hire will prevail as evidenced layoff. Recall notice shall be sent by adoption certified mail to the address on file with the Personnel Office. Employees who fail to report to work within ten (10) days of the Board Resolution date of employment.
1.1.3 The following classifications the sending of the recall notice, unless an extension is granted in writing, shall be used for considered as a voluntary quit regardless of the purpose of defining classification seniority in recalled to, and shall thereby terminate his/her employment relationship with the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:Employer.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary A. Whenever the decision is made by the BOARD to reduce the total number of employees in a job classification due to abolishment of positionsclassification, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, on the basis of classification seniority within their position with the least senior employee person laid off first. Authorized leaves If further layoffs are necessary, the next least senior employee shall be laid off, and so on until the layoff is completed. In suspending contracts due to layoffs, should two or more employees have equal lengths of absence service beginning with the date of the first day of work as a contracted employee, then the earliest date of the BOARD meeting at which the employee was employed shall prevail. If still tied, the earliest date on the employee's most recent application form shall prevail. If still tied, the names of the employees to be laid off shall be drawn by the Superintendent or his/her designee with the BCEA President in attendance as witness. The employee's name drawn first shall be first listed, and so forth. Employees designated for layoff may exercise their classification seniority rights to displace the least senior employee in the same classification in the same or lower position.
B. Employees who are displaced by layoff who held a regular contracted position in another classification within the last five (5) school years may exercise their system seniority rights and return to their most recent former classification if there is an employee in that classification with less system seniority. Upon re-entry into a former classification, the employee shall assume the duties of the least senior employee, acquire the classification seniority date the employee had when he/she left the classification and be placed on the highest salary step previously earned in the former classification.
C. In recalling employees on layoff, such employees shall be recalled on the basis of classification seniority in reverse order of layoff. If the employee does not respond by certified mail to a certified mail recall notice within five (5) working days, the employee shall be considered terminated. The laid off employee shall be responsible for providing the administration with a current mailing address. One refusal for re-employment releases the District from any further responsibility to rehire the laid off employee.
D. An employee on layoff shall retain recall rights for a period of eighteen (18) months from the date of layoff. In that period, the District shall hire no new employees nor promote current employees into that layoff classification until transfers have been offered first and laid-off employees have been offered re-employment. Employees who wish restoration shall keep their current address on file with the Treasurer of the BOARD. Employees who do not constitute an interruption respond to a recall notice for five (5) school days (or ten (10) calendar days when school is not in continuous service. In the case session) after receipt of identical seniority, order of hire will prevail as evidenced notice by adoption of the Board Resolution of employmentcertified mail (or if such notice is returned undelivered) shall forfeit all rights to restoration.
1.1.3 The E. For the purposes of defining classifications pursuant to layoffs only, the following classifications and positions within such classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Busrecognized: Classification Position Copy Center Position I: Copy Center Assistant Administrative Assistant Position IV: H.S. Principal Administrative Assistant, Bldgs. & Grounds Administrative Assistant, Transportation Administrative Assistant Position III: Building Administrative Assistant, Curriculum Administrative Assistant Position II: H.S. Student Activity Clerk Position I: Part-time Administrative Assistant Position I: Building/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian Department Office Assistant Registered Nurse Position I, Groundskeeper/Custodian, Custodian : Registered Nurse Respiratory Therapist Position I: Respiratory Therapist Sign Language Interpreter Position I: Sign Language Interpreter ESL Assistant Position I: ESL Assistant – Instructional Assistants Position VI: Media & Tech Assistant Position V: IMC Technician (Elementary - Secondary) Position IV: Skills Lab Technician Position III: Teacher Assistant Position II, Custodian III, J. Network Coordinator
K. : Monitor Assistant Position I: Pre-School Secretary/ Payroll Clerk Teacher Assistant Special Needs Assistants Position II: Instructional Special Needs Assistants Position I: Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:Special Needs Assistants
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary An employee in receipt of notice of layoff pursuant to reduce may: accept the number layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a job different classification due from which he or she was laid off shall have the privilege of returning to abolishment the position held prior to the layoff should it become vacant within six (6) months of positions, lack of work, being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to duty work and have failed to do so, in accordance with the loss of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retireseniority provision, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff employees shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within a classification for reasons as stated above, affected employees the bargaining unit shall be laid off according by reason of duties being assigned to districtone or more part-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous servicetime employees. In the case event of identical senioritya layoff of an employee, order the Hospital shall pay its share of hire will prevail as evidenced by adoption insured benefits premiums for the duration of the Board Resolution of employmentfive-month notice period provided for in Article 9.08.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in " O BENEFITS ON LAYOFF the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenancea lay-off of an employee, Custodian Ithe Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off if possible under the above procedure may exercise terms and conditions of the bumping rights in this section. Employees must notify insurance benefits programs, continue to pay the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account full premium cost of a reduction benefit or benefits for up to three (3) months following the end of the month in force which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to displace an employee do so at the time of the lay-off, and arranges with less seniority in:the Hospital the appropriate payment hed I e.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary Section 26.1 When the Employer determines that a layoff or job abolishment is necessary, the Association President shall be notified in writing, no later than thirty (30) calendar days prior to reduce the number effective date of the layoff or job abolishment. Such notice shall include the reason(s) for the layoff
Section 26.2 The Employer shall determine in which classification(s) layoffs or job abolishments will occur and layoffs or job abolishments of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementswill be within those affected classifications.
Section 26.3 Whenever employee layoffs are necessary, the following procedure Board shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept not give preference to any employee based on seniority, except when making a minimum by not employing replacements insofar as practical for decision between employees who resignhave comparable evaluations as defined in article 19. For Instructor Assistants only, retire, or otherwise vacate a positionseniority shall be the controlling factor in determining layoffs and recall.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide Section 26.4 Layoff of Instructor Assistants will occur in order of seniority, beginning with the least senior employee and progressing to the most senior up to the number of employees to be laid off.
Section 26.5 When employees are laid off, the Employer shall create a recall list for each classification. Each list shall include all laid off firstemployees who held a certificate/license in that classification at the time of their layoff. Authorized leaves The Employer shall recall employees from layoff within each classification as needed. Employees who displace employees in a different classification will be maintained on the recall list for their original classification and in any other classification for which they are certificated/licensed. Seniority shall not be the basis for recalling an employee, except when making a decision between employees who have comparable evaluations. For Instructor Assistants only, seniority shall be the basis for recall.
Section 26.6 An employee shall be eligible for recall for a period of absence do twelve (12) months after the effective date of the layoff. When the Employer recalls an employee off the recall list, the employee shall be recalled into a classification for which he was certificated/licensed at the time of his effective layoff date. If an employee is recalled into a classification which is different than the classification from which he was laid off, he shall remain in that classification until such time he applies for and is awarded a reassignment into a vacant position under the provisions of this Agreement. An employee on the recall list must accept a recall in any classification for which he is certificated/licensed. If he does not constitute an interruption in continuous serviceaccept such recall, he shall forfeit any recall rights and shall be removed from all recall lists. In order for such an employee to be required to relinquish all recall rights, the case position of identical seniority, order recall must provide equivalent contractually established hours and pay to those provided for the position from which he was laid off.
Section 26.7 Notice of hire will prevail as evidenced recall shall be sent to the employee by adoption certified or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice to the last mailing address provided by the employee.
Section 26.8 The recalled employee shall have fifteen (15) calendar days following the date of mailing of the Board Resolution recall notice to notify the Employer of employmenthis intention to return to work. If the employee does not respond within the fifteen (15) calendar day period or responds before the fifteen (15) calendar days expire that he does not intend to return to work, he forfeits his recall right. If the employee being recalled does not respond within the fifteen (15) calendar day time period, the Employer may go on to the next person to be recalled.
1.1.3 Section 26.9 The following classifications Association and the Board agree that a laid off employee shall have the right to continue his hospitalization/major medical insurance coverage (excluding dental and optical coverage) for that period of time the employee continues to receive his full bi-weekly pay or for the remainder of the month of the effective date of the layoff plus two (2) additional months whichever is a longer period of time. However, if the employee files for unemployment compensation benefits during the above time periods or he fails to pay his percentage of the monthly premium as required by the collective bargaining agreement by the first day of each month of coverage, his hospitalization/major medical insurance coverage shall be used for immediately discontinued unless the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off opts to extend such coverage at his own expense under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:COBRA.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If A. When it becomes necessary in any department through lack of work or funds to reduce the number of employees in a job classification due to abolishment of positionsgiven classification, lack of workemergency, return to duty of regular employees from a leave of absenceprovisional, building closing or a projected deficit in financial resources as substantiated by current financial statementstemporary, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected seasonal and probationary permanent employees shall be laid off according first in that order.
B. Permanent employees in a given classification shall be laid off next, pursuant to district-wide senioritySection 124.32 of the Ohio Revised Code and Civil Service Rule XIII.
C. If a reduction is necessary in the number of employees in a classification normally filled by promotion, the employee with the least senior seniority in the classification, or in other classifications at equivalent pay level, will be demoted first rather than laid off. Thereafter, the layoff procedure of Section B shall apply.
D. The names of permanent employees who have been laid off shall be put on an appropriate recall list according to their seniority. For a period not to exceed one (1) year, according to their standing on such list, they shall have the prior right to recall any vacancy in their classification.
E. In the event of a layoff of classified or unclassified employees, the appropriate union(s) shall be notified as soon as possible and shall be given a layoff list as soon as it becomes available, identifying the seniority and the classification of the employees affected. The Board shall consult with Local 232 on the effect of the layoff on their bargaining units and on the rights of any employee laid off firstdirectly or by bumping procedure. Authorized leaves Local 232 shall be given a seniority list of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail employees at such time as evidenced by adoption of the Board Resolution of employmentsuch list is obtained from The Employee Labor Relations Department.
1.1.3 The following classifications shall be used for F. With respect to the purpose layoff of defining classification unclassified employees, the employee with the greater seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article XXI (A) shall be retained if a choice needs to be made between two or more employees who have substantially equal training, Section 1.1.1experience, and individual qualifications for a specific position. For a period not to exceed one (1) employee whose contract has been suspended on account of a reduction year, employees shall be recalled by seniority to any vacancy in force to displace an employee with less seniority in:their classification for which they are qualified.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary There shall be at feast months notice to reduce the Union in the event of a proposed layoff of a permanent or long-term nature or in the event of a substantial bed cutback which affects or could affect the bargaining unit, unless the notice of reduced funding from the Ministry to the Home is given less than months from the end of the fiscal year, in which case the number of months notice required shall be that number of months from the end of the fiscal year that the notice from the Ministry was received but in no case shall be less than months. in the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with weeks notice for each year of service to a maximum of weeks, provided that the employee has more than months service. Employees with less than months service will be entitled to notice in accordance with the provisions of the Employment Standards Act. A copy of any notice of to an employee will be provided to the Union at the same time. In the event of a layoff, the Home shall layoff employees in a job the reverse order of their seniority within their classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for respective bargaining unit i.e., full-time or part-time, providing that there remain on the job employees who resign, retirethen have the ability to perform the work. An employee who is subject to layoff shall have the right to either: accept the layoff, or otherwise vacate displace an employee who has less bargaining unit seniority and who is the least senior employee in a position.
1.1.2 Whenever it becomes necessary lower or identical paying in the bargaining unit if the employee originally subject to the layoff employees within a can perform the duties of the lower or identical classification for reasons as stated above, affected employees without training other than orientation. Such employee so displaced shall be laid off according subject to district-wide senioritythe layoff procedure. A full time employee may displace a part time employee and vice versa, with given reasonable orientation. Note an identical paying classification shall include any classification where the least senior employee straight time hourly wage rate at the level of service corresponding to that of the laid off first. Authorized leaves employee is within of absence do not constitute an interruption in continuous servicethe laid off employee’s straight time hourly wage rate. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification event that there are no employees with lesser seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (lower or identical paying classifications as defined in Article Xthis Article, Section 1.1.1) a laid off employee whose contract has been suspended on account of a reduction in force will have the right to displace an employee with less seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within of the laid off employee’s straight time hourly rated provided he can perform the duties without training other than orientation. Such employee so displaced shall be laid off subject to the layoff procedure. An employee shall have opportunity of from a layoff an available opening, in order of seniority, provided possesses the qualification and ability to perform the work before such opening is filled on a regular basis under the job posting procedure. The posting procedure shall not apply until the recall process bas been completed. In determining the qualification and ability of an employee to perform the work for the purposes of the paragraphs above, the Home shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which was laid off shall have the privilege of returning to the position held within two years of having been recalled. No new employee shall be hired until all those laid off have been given an opportunity to return to work and have failed do so, in accordance with the loss of seniority in:provisions, or have been found unable to perform the work available. Employees on layoff or notice of layoff shall be given preference for temporary vacancies are expected to exceed working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff commenced on the day immediately following a paid holiday, an employee qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced the event of layoff of a full-time employee, the Home shall pay its share of insured benefits premiums up to months from the end of month in which the layoff occurs or until the laid off employee is employed elsewhere, whichever comes first. Seniority lists will be posted on the official Union Bulletin Board in the Home and a copy of the Seniority List will be supplied to the Union Office and the Chairs of the Union. The Seniority List will be posted and revised semi-annually on or before January and July of each year according to the records of the Home. Seniority as posted will be deemed to be final and binding and not subject to complaint unless such complaint is made within thirty (30) days from the first date of current posting. An employee shall lose all seniority and be deemed to have quit the employ of the Home after is discharged for cause and the discharge is not revoked through the Grievance Procedure; tenders resignation in writing or quits the employ of the Employer; fails to report for work within days after being notified by the Employer following a lay off or fails to advise the Employer within five (5) days (exclusive of Saturdays, Sundays or paid holidays) of intention to report for work, pursuant to notification by registered mail to the last address on record with the Home. The notification shall state the job to which the employee is eligible to be recalled and the date and at which the employee shall report to work. The employee is solely responsible for proper address being on record with the Home; is absent for five consecutive regularly scheduled shifts without providing proper notice of a reason satisfactory to the Employer. Any employee who is terminated in accordance with this provision will be advised by registered mail or equivalent and a copy of this notice will be sent to the Chairperson of the Bargaining Unit at the same time. is laid off continuously for months or longer. Where a Full-time employee transfers to the Part-time unit, or vice versa, in the same job classification, there will be no trial period. The employee will transfer at current wage rate.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If
A. In the event it becomes is determined by the School Board that it is necessary to reduce or lay off the work force, the administration will determine which position will be eliminated or reduced. Employees whose positions are eliminated or whose hours are reduced by more than 20%, the person in that position shall then bump the most junior person in her/his classification for which he/she is qualified, with the same or closest to, number of hours outside or inside her/his building. If there is no one in the same classification junior to the person holding the position to be eliminated, she/he shall bump the most junior person in the next lower classification. Food & Nutrition employees may not bump into a higher classification. If there is no junior person in the categories involved, the individual would be placed on recall. If an employee has two assignments in different classifications, they will be considered the classification in which they work the most hours for purposes of bumping. If the number of hours is equal in two classifications, they will be considered the higher classification. Employees normally will be given a ten day (10 calendar days) written notice of layoff in advance of the effective layoff date. In cases of emergency less than a ten (10) day notice may be used.
B. Employees shall have the right to accept layoff in lieu of accepting a position through the procedure in Paragraph B.
C. No employee shall gain a right to promotion through the layoff or recall procedures.
D. In the event it is deemed necessary by the District to increase the work force, recall shall be on the basis of seniority, highest seniority from layoff being recalled first.
E. Laid off employees shall retain a right of seniority order for recall for a period of twelve (12) months commencing with the last day of work prior to layoff.
F. It is the employee's responsibility to have a current address on file with the Human Resources Department in order to be notified of recall to a job classification due position for which the individual is qualified.
G. Failure of an individual to abolishment of positions, lack of work, return to duty employment upon recall and/or upon the expiration of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure twelve (12) month recall period shall govern such layoff:
1.1.1 The number of people affected by reduction result in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption individual's loss of the Board Resolution of right to be recalled to employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:
Appears in 1 contract
Sources: Working Agreement
Layoff and Recall. 1.1 If A. It is hereby specifically recognized that it becomes is within the sole discretion of the Board to effectuate necessary to reduce the number of employees reductions in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous serviceancillary staff. In the case event of identical seniorityeconomic cuts, order of hire will prevail as evidenced by adoption of declining student enrollment, declining funding, impacting Federal or State Law rule changes or interpretations, or other conditions necessitating a reduction in ancillary staff, the Board Resolution of employmentEducation may implement ancillary staff reductions upon sixty (60) calendar day written notice to the affected ancillary staff.
1.1.3 The following classifications B. Seniority shall be used defined as the length of continuous full-time equated service to the West Shore ESD Board since the employee’s most recent date of hire. Credit given for outside experience in other districts shall not be considered for the purpose of defining accumulating seniority, but shall serve to reduce the probationary period in accordance with the provisions of the Tenure Act. Approved Leaves of Absence shall not be construed as interrupting the employee's continuous years of service nor shall seniority accrue on such leaves. The Employer shall prepare a seniority list as applied to the Association by classification and submit a copy of the same to the Association no later than October 15th of each school year. The Association shall present any objections to the accuracy of the seniority list, in writing, to the Employer by November 15th. Employee’s promoted to positions outside the bargaining unit shall have their accumulated seniority frozen. Upon return to the bargaining unit, such employees shall be credited with years of administrative service in addition to teaching and/or ancillary services. Only the years of service accumulated in the event bargaining unit may be used by an administrator in bumping into the bargaining unit. Employees in positions not subject to the provisions of the Tenure Act shall serve a probationary period paralleling that under the Act.
C. Seniored ancillary staff whose positions have been eliminated shall have the right to be transferred by the Board to the position held by the least seniored ancillary working within their classification contingent upon certification/licensure. Should there be no less seniored ancillary within the affected ancillary’s classification, the ancillary, if certified/licensed, shall have the right to be transferred by the Board to a position in another classification held by the ancillary with the least seniority.
D. Changes in certification (or endorsements, licensure, approval or authorization) while on
E. Ancillary staff shall be recalled to vacancies to which they are classified and certified in inverse order of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ . No new ancillary staff shall be hired by the Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee while there remains ancillary staff in the Bargaining Unit positions reduced in hours by layoff or ancillary staff laid off under who are eligible for recall. It is expressly understood that no vacancies as determined by the above procedure may exercise Board shall be posted while there are ancillary staff in positions which have been reduced or eliminated through staffing reductions.
F. The Board shall give written notice of recall by sending certified letters to said ancillary staff at their last known address. It shall be the bumping rights in this section. Employees must responsibility of each employee to notify the Superintendent Board of any changes in writing within 5 work days address.
G. 1) For purposes of their intention to exercise one’s bumping right. Bumping rights this Agreement, the term "certificated" shall entitle qualified (as be defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:to
Appears in 1 contract
Sources: Employment Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce In the number event of layoff, the Hospital shall lay off employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who have the ability to perform the work. An employee who is subject to layoff shall have the right to either: accept the layoff; or displace an employee has lesser bargaining unit seniority and who is the least senior employee in a lower or identical classification without training other than orientation. Such employee so displaced shall be laid off. An identical classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the off employee’s straight time hourly rate. In the event that there are no employees with lessor seniority in lower or paying classifications as defined in this article, a laid off employee will have the right to displace the employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within of the laid off employee’s straight time hourly rate provided can perform the duties without training other than orientation. Such employee so displaced shall be laid off. An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided he has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completed. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification due from which he was laid off shall have the privilege of returning to abolishment the position he held prior to the layoff should it become vacant within six (6)months of positions, lack of work, being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to duty work and have failed to so, in accordance with the loss of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retireseniority provision, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary have been found unable to perform the work available. It is sole responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work (within five working days (exclusive of Saturdays, Sundays, and paid holidays) after being notified to do so by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report to work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on layoff employees or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on No full-time employee within a classification for reasons as stated above, affected employees the bargaining unit shall be laid off according by reason of duties being assigned to districtone or more part-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. time Io In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenancethat a layoff commenced on the day immediately following a paid holiday, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any an employee in otherwise qualified for holiday pay shall not be disentitled thereto solely because of the Bargaining Unit day on which the layoff commenced. A laid off under employees shall retain the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified recall for a period of twenty-four (as defined in Article X, Section 1.1.124) employee whose contract has been suspended on account months from date of a reduction in force to displace an employee with less seniority in:layoff.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary 12.1: When a layoff is determined to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementsbe necessary, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction least senior employee(s) in the force will classification shall be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionlaid-off in accordance with all the following safe guards and conditions.
1.1.2 Whenever it becomes necessary to layoff 12.2: Temporary and newly hired employees within a classification for reasons as stated above, affected employees on orientation status shall be laid off according first to districtthe extent necessary to accomplish the need of the County and within the classification affected by layoff. In the event a full-wide senioritytime position is eliminated, with the member in the full time position shall have the right to bump a member in a part time position.
12.3: An employee subject to layoff shall be entitled to displace the least senior employee in a classification of equal compensation or the most immediately less paying classification provided the employee subject to layoff has more seniority than the employee in the affected classification and the displacing employee is qualified and capable of performing the work. The displaced employee shall be considered an employee subject to layoff and entitled to displacement rights as such. The employee who displaces a less senior employee shall be required to satisfactorily complete a one hundred and thirty (130) work day trial period or be laid off firstand the displaced employee recalled.
12.4: When a recall is necessary, the most senior employee shall be recalled to the position formerly held. Authorized leaves of absence do not constitute an interruption Recall notice shall be made by written notice sent by certified mail with return receipt requested. Recall shall be made in continuous service. In the case of identical seniority, inverse order of hire will prevail as evidenced by adoption of seniority with full-time employee recalled before part-time and temporary employees.
12.5: Failure to report to work on the Board Resolution day scheduled to return from layoff shall result in termination of employment.
1.1.3 12.6: A refusal to accept a suitable offer to return to work shall result in termination of employment. A suitable offer of work shall not be at a reduced rate of pay or hours of work.
12.7: Employees not recalled to work within one (1) year from the date of layoff shall have their employment terminated and shall have no recall rights.
12.8: Employees may elect to withdraw all their retirement contributions upon layoff, provided the layoff is deemed permanent by the supervisor or when recall rights have elapsed as provided in 12.7. The following classifications shall withdrawal of retirement contributions cancels all retirement benefit rights and privileges. Retirement contributions may be used for repaid after recall or rehire as provided by the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. St. Clair County Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:Retirement plan.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 A. If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positionsthrough general layoff, lack of work, return to duty of regular probationary employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves All other employees will be laid off in order of absence do seniority in their classification. (The employee having the least seniority will be laid off first.) Recall will be in reverse order of layoff.
1. If, as a result of layoff, a seniority employee would be moved to a position that the employee feels would be unacceptable, that employee may choose to be voluntarily laid off and the highest seniority employee scheduled to be laid off would be recalled to such position.
2. If, as a result of layoff, a seniority employee is moved to a position not constitute previously occupied by said employee, a thirty (30) working day trial period will be in effect. If, within twenty (20) working days of the start of the trial period, the employee, the supervisor, or the Executive Director of Business Services determines that the employee is having difficulty with the assignment, one of the following options will apply:
a. The employee may be transferred voluntarily or involuntarily if such transfer would not result in the layoff of an interruption in continuous serviceemployee of higher seniority.
b. The employee may be voluntarily laid off and the highest seniority employee on layoff will be recalled.
B. All employees will be given a minimum of thirty (30) calendar days notice if layoff becomes necessary. In the case event of identical senioritya severe financial emergency, order of hire and after consulting with the Association President, the thirty (30) day notice provision may be shortened to no less than ten (10) work days.
C. If a laid off employee resigns during layoff, the laid off employee will prevail as evidenced receive severance pay for unused paid leave days according to Article XIX, Compensation, Section F.
D. A recall notice will be sent by adoption of registered mail to the address currently recorded in the Board Resolution of employmentEducation Office. Failure to respond within ten (10) working days will be deemed a resignation. Each employee on layoff will be responsible for informing the Personnel Department of any change of address for notification.
1.1.3 The following classifications E. Laid off employees will remain on recall status for a time equal in length to their seniority in the district or three (3) years, whichever is lesser, but no less than twelve (12) months. No laid off employee shall be used for obligated to accept a part-time position to maintain their recall rights. However, acceptance of an interim part-time position will not prevent the purpose of defining classification seniority employee from being recalled to his/her regular position.
F. In the event, that the Board elects to layoff all or substantially all bargaining unit members working in a job classification, the members shall be given at least seventy-five (75) calendar days written notice, except in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee a severe financial emergency as stipulated in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in Section B of this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:Article.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. 1.1 If Section 1: Where the Employer determines that it becomes is necessary to reduce the number of employees lay-off or eliminate positions in a job classification due to abolishment classification, location or cost center, shift or category of positionsemployment (e.g. full-time, lack of work, return to duty of part-time or fewer regular employees from a leave of absence, building closing or a projected deficit hours) it shall notify the Union and the affected Employees in financial resources as substantiated by current financial statements, writing at least three (3) weeks before the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionforce.
1.1.2 Whenever it becomes necessary Section 2: When possible, Crozer agrees to layoff employees meet with CCPA/PASNAP in the event of a proposed layoff/displacement to discuss the reasons for the action and any possible alternatives. This shall not require bargaining over the lay-off.
Section 3: In the event of a lay-off within a classification for reasons as stated aboveclassification, affected employees Employees shall be laid off according to district-wide seniority, with in the least senior employee laid off firstfollowing order:
1. Authorized leaves of absence do not constitute an interruption Employees who volunteer for layoff
2. Probationary Employees
3. Temporary Employees
4. Bargaining unit employees in continuous service. In the case of identical seniority, inverse order of hire will prevail as evidenced by adoption classification seniority. For purposes of the Board Resolution order of employment.
1.1.3 The following lay-off within a job classification, job classifications shall be used limited to paramedics and EMTs. The four members of the CCPA Executive Board, namely President, Vice-President, Secretary-Treasurer and Chief Shop ▇▇▇▇▇▇▇, shall have super-seniority in their job classification for lay-off and recall purposes.
Section 4: The Employer shall determine the number of positions remaining in each classification, cost center or location, shift and category of employment following the lay-off. Employees who remain shall fill the remaining positions, as scheduled so the staffing patterns and operational needs are met. Thus, for example, the Employer may decide to maintain a certain number of regular part-time positions notwithstanding the fact that part-time Employees are laid off before full-time Employees.
Section 5: In the event a regular Employee is laid off, he/she may accept a vacant position in his/her classification and category of employment. Employees and the Union Executive Board will be informed of vacancies. Where there are an insufficient number of positions available within the classification and category of employment the remaining positions shall go to those with the greatest classification seniority. If there are remaining positions within the classification at a lower category of employment (e.g. part-time or fewer regular hours), displaced Employees may opt for placement in that position by order of seniority, but they must accept the hours and schedule available. Employees not interested in accepting the part-time position may opt to take the lay-off. Laid off Employees will have priority over PRN staff for open shifts, but they remain non-unit positions and displaced Employees accepting PRN work will be paid the PRN rate. For the purposes of layoff and recall, the Emergency Room will be considered a separate unit from the 911 unit. Should a layoff occur in one of the units, laid off employees may accept a vacant position in the other unit should they hold the required qualifications and should such positions exist.
Section 6: Effective with the first full pay period after the layoff, displaced Employees will be paid in a lump sum any accrued vacation time and personal holiday time. Sick time will not be payable upon lay off.
Section 7: Recall. Whenever a vacancy occurs in a job classification, Employees who are on lay-off in that classification shall be recalled in the reverse order of lay-off. If a position arises in a lower category of employment (e.g. part-time) the Employee eligible for recall to that position may opt to accept that position and those hours or remain on lay-off until a position arises in their category of employment. Displaced Employees shall hold a priority bid back to their original position for 18 months. Any bargaining unit member who accepts a recall position with a reduced number of hours shall retain rights to the first comparable benefits position made available up to 18 months after recall. All recall rights shall extinguish after eighteen (18) months of layoff.
Section 8: Severance. Bargaining unit Employees with three (3) or more continuous years of Crozer EMS service who are displaced due to lay-off shall receive a salary and paid benefit continuation severance package. Severance pay will be paid out on a bi-weekly basis until exhausted, unless the Employee is recalled to service during the severance period in which case severance pay shall terminate upon the date of recall. Eligible bargaining unit Employees shall receive one (1) week of severance pay for each three (3) years of uninterrupted service with CROZER EMS up to a maximum of twelve (12) weeks. Employees signing a Separation of Employment, General Release and Waiver of Reinstatement shall receive one (1) week of severance pay for each year of uninterrupted service with CROZER EMS up to a maximum of thirteen (13) weeks. The severance period is defined as the period of time in which severance is paid. Medical, Dental, Prescription, Life and Other Group Insurance (except LTD) will be continued for current plan participants who are eligible for severance for the purpose duration of defining classification seniority the severance period (excluding the period in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of which terminal vacation and holiday time is paid) if they continue to pay their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:normal Employee contribution.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If the City determines that it becomes is necessary to discontinue a job classification or reduce the number of employees in a job classification due to abolishment of positionsclassification, lack of work, return to duty of regular temporary employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction working in the force will job classification shall be kept to removed first. Thereafter, regular, part-time permanent employees in a minimum by not employing replacements insofar as practical for probationary period in the classification shall be removed first; thereafter, full- time employees who resignin a probationary period in the classification shall be removed. If further reduction is necessary, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff permanent employees within a in the job classification for reasons as stated above, affected employees shall be laid off according to district-wide in reverse order of their seniority, with the least senior employee . Employees laid off firstfrom a job classification in a division must first exercise their seniority either to another job classification with an equal or lower wage scale within their division or to another division within their job classification. Authorized leaves If a position is not available that the employee has the present ability to satisfactorily perform with a break-in or training period of absence do not constitute an interruption in continuous service. In the case of identical seniorityto exceed ten (10) regularly scheduled working days, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of or a reduction in force pay of not more than twenty-five cents ($.25), then the employee must exercise his seniority to displace an employee in any other job classification with less an equal or lower wage scale, provided that in the judgment of the City he will have the ability to satisfactorily perform all of the duties of the position with the benefit of a training period that will not exceed ten (10) regularly scheduled working days. The employer agrees to notify an employee and the Union president in writing if the employee does not satisfactorily perform the duties of the new position. The employee shall then exercise his or her seniority in:to displace an employee in any other job classification with an equal or lower wage scale, provided that in the judgment of the City the employee will have the ability to satisfactorily perform all of the duties of the position with the benefit of a training period that will not exceed (10) regularly scheduled working day. If, during a layoff an employee changes divisions or job classification, he shall displace the employee with the least amount of seniority in the classification and division he will be occupying. Employees will be recalled on the basis of seniority, provided they have the present ability to perform the available work with a break-in or training period of not to exceed ten (10) regularly scheduled working days.
(a) Notwithstanding the above, an employee in the custodian job classification may bump up into the laborer job classification should he have the present ability to satisfactorily perfmm the available work with the benefit of a training period of not to exceed three (3) working days.
(b) Any back pay liability involving an employee who was not properly recalled to work shall start no sooner than eight (8) working days after a grievance is filed challenging the recall procedure and naming the affected employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number of employees in A. When there is a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resignworking force, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees bargaining unit members shall be laid off according to district-wide seniority, in accordance with seniority and qualifications; that is the employee with the least senior employee seniority shall be laid off first. Authorized leaves of absence do not constitute an interruption in continuous servicefirst provided another employee is qualified to perform the work. In the case selection of identical seniorityemployees for layoff, order of hire will prevail as evidenced the school district shall retain those bargaining unit members with the greatest seniority provided the bargaining unit member is qualified to perform the work. Qualifications shall be determined by adoption verified experience, or training, or certification, or the ability to become certified within thirty (30) work days.
B. Whenever a bargaining unit member is to be laid off, the school district shall notify the bargaining unit member and the Association president by mailing notice within ten (10) working days of the Board Resolution meeting in which the Board took layoff action, except in case of employmentemergency. In no event shall a bargaining unit member receive less than thirty (30) work days written notice of layoff.
1.1.3 The following classifications C. Laid-off bargaining unit members shall be used recalled in accordance with seniority; that is, the bargaining unit member with the greatest seniority shall be recalled first, provided they have the ability and are able to perform the duties of the job that is open.
D. When recalling laid-off bargaining unit members, the School District will notify them by certified mail at the last known address. If such bargaining unit member does not notify the school district within seven (7) working days from the mailing date of such notice that he/she will report for work on the purpose of defining classification date specified, or give a legitimate reason, as determined by the Superintendent, for delay beyond such time, he/she will be considered as having quit and all seniority in shall be terminated.
E. In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force the work hours in a classification, bargaining unit members with the greater seniority, if qualified, may use same to displace an employee maintain his/her normal work schedule by displacing bargaining unit members with less seniority in:on the work schedule. In no case shall a reduction of any bargaining unit member's work hours take effect until ten (10) work days after written notice to the affected bargaining unit member(s) is given by the Employer.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number of employees in 19.01 A layoff shall be defined as a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the work force will be kept or a reduction in the hours of work per week which is expected to last for more than two weeks. Transfer of staff from one work site to another, due to a minimum by change in staffing requirements, shall not employing replacements insofar as practical for employees who resignbe deemed a layoff. This article shall not apply to layoffs which result from the Christmas Break, retire, or otherwise vacate Winter Break and Summer Break periods which pertain to Members engaged to work on a positionschool- year basis.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the 19.02 The Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority agrees that in the event of a layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee Members of a job classification will be laid off in reverse order of seniority in the Bargaining Unit, and shall continue to accumulate seniority for up to eighteen (18) months while on layoff. Ties in seniority will be broken as follows:
a) the total hours worked in temporary or replacement positions with the Board, or one of its predecessor Boards, within the twelve (12) months previous to the date of permanent hire; and then
b) by lot drawn by the Director or designate in the presence of a Bargaining Unit laid off under representative.
19.03 Such Member shall have the above procedure may exercise choice of accepting the layoff or bumping rights a Member with less seniority in this section. Employees must notify the Superintendent same wage rate level or in writing a lower wage rate level within 5 work seven (7) days of their intention receiving notice of layoff, provided that Member concerned has the suitable skills, abilities, qualifications and past work records to exercise oneperform the job.
19.04 Such Member will receive the wage rate of the new position, closest to but not lower than the Member’s bumping rightcurrent wage rate. Bumping rights The Member will then move through the new grid according to the experience obtained in that new position, starting from the Member’s initial position on the new grid.
19.05 Notwithstanding 19.04, if the highest wage rate for the new classification level is lower than the Member’s current wage rate, after six (6) months, the Member shall entitle qualified be paid at the highest wage rate within the new classification. For the first six (as defined in Article X6) months following transfer, Section 1.1.1) employee whose contract has been suspended on account of a Member shall not receive a reduction in force hourly wage rate.
19.06 Members who have changed positions under this article shall have the opportunity for reinstatement to displace an employee with less seniority in:their former position, if such becomes available, through the voluntary transfer process under Article 12.
19.07 The Member reinstated through 19.06 shall be reinstated at the wage rate that would have been attained had there been no change of position.
19.08 Permanent Members shall be notified of layoff at least two (2) weeks prior to the effective date, unless legislation is more favourable to the employees.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If Section 1. In the event the Employer finds it becomes necessary to reduce the number of layoff employees in a job classification due to abolishment of positions, lack of work, return to duty such layoffs shall be on the basis of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 employee’s Classification Seniority with the Employer. The number of people affected by reduction employee with the least seniority in the force will classification affected shall be kept the first to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionbe laid off.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons Section 2. Employees shall be given as stated abovemuch advanced notice as possible in case of layoff, affected but not less than fourteen (14) calendar days’ notice, if possible, in cases of layoff.
Section 3. Laid off employees shall be laid off according to district-wide senioritygiven preference in reemployment if qualified. In the event of recall, with employees shall be recalled in the reverse order of the layoff.
Section 4. The affected employee(s) may exercise one of the following options:
a) The employee may bump a less senior employee in the same or lower pay grade within their respective classification, or the employee may bump a less senior employee in his or her former classification if his or her seniority in the former classification exceeds that of the least senior employee laid off firstin that classification. Authorized leaves of absence do not constitute an interruption The employee so displaced may bump the least senior employee in continuous service. In the case of identical senioritysame or lower pay grade within their respective classification, order of hire will prevail as evidenced by adoption of or that employee may bump the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining least senior employee in his or her former classification if his or her seniority in the event former classification exceeds that of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any the least senior employee in that classification.
b) The affected employee(s) may opt to fill a vacancy in their own or lower pay grade in any classification if, in the Bargaining Unit Employer’s opinion, they are qualified and have the ability to perform within that classification.
c) Employee(s) who have been laid off under or displaced shall have the above procedure may exercise right of recall to any former job classification or any other job classification for which they are minimally qualified in their own or lower pay rate.
d) When work becomes available in that employee’s classification from which they were laid off or displaced, they will be recalled in reverse order of their layoff or displacement.
e) For the bumping rights in this sectionpurposes of recall notification the Employer shall notify the employee by a reliable, documented, means at the last known address supplied by the employee. Employees must notify the Superintendent in writing Employer within 5 work five working days of the date the message was received of their intention intent to exercise one’s bumping rightreport to work afier notification. Bumping rights Employees shall entitle qualified report to work within three (as defined in Article X, Section 1.1.13) employee whose contract has been suspended on account of a reduction in force working days afier indicating their willingness to displace an employee with less seniority in:be reinstated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary
A. The employer reserves the right to reduce the number of lay off employees in situations involving financial emergency, reduction in student count or funding necessitating layoff, a job classification due to abolishment of positions, lack of needed work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees other legitimate business necessity. Bargaining unit members shall be laid off according to district-wide in accordance with Seniority Classification seniority; that is, the employee with the least senior employee Seniority Classification seniority shall be laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case selection of identical seniorityemployees for layoff, order of hire will prevail the school district shall retain those bargaining unit members with the greatest seniority within that classification provided the bargaining unit member is qualified to perform the work.
B. Seniority Classification is defined as evidenced custodial, culinary, clerical, bus driver, and aide.
C. Whenever a bargaining unit member is to be laid off, the school district shall notify the bargaining unit member and the Association President by adoption mailing notice within ten (10) working days of the Board Resolution meeting in which the Board took layoff action, except in case of employmentemergency. No layoffs shall be effective for twenty (20) calendar days, following notification.
1.1.3 The following classifications D. Laid-off bargaining unit members shall be used recalled in accordance with Seniority Classification seniority; that is, the bargaining unit member with the greatest seniority shall be recalled first, provided that person has the ability and is able to perform the duties of the job that is open.
E. When recalling laid-off bargaining unit members, the school district will notify them by certified mail at the last known address. If such bargaining unit member does not notify the school district within seven (7) working days from the mailing date of such notice that he/she will report for work on the purpose date specified, or give a legitimate reason, as determined by the Superintendent, for delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated. Seniority bargaining unit members shall have recall rights up to two (2) years from the date of defining classification seniority in layoff.
F. In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force the work hours in a classification as referenced in A above, bargaining unit members with the greater seniority in that classification may use same to displace an employee maintain his/her normal work schedule by displacing bargaining unit members with less seniority in:on the work schedule. In no case shall a reduction of any bargaining unit member’s work hours take effect until twenty (20) calendar days after written notice to the affected bargaining unit member(s) is given by the Employer.
Appears in 1 contract
Sources: Master Contract
Layoff and Recall. 1.1 If it becomes necessary to reduce the number A. Layoffs and reductions in employee hours of employees work shall take effect in a job inverse order of classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit seniority within departments in financial resources as substantiated by current financial statements, the following procedure shall govern such layofforder:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position1. Newly hired probationary employees.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first2. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employmentEmployees working less than twenty (20) hours.
1.1.3 3. Employees working less than thirty (30) hours.
4. Employees working less than forty (40) hours.
B. The following classifications president and executive officers of Local 1813 and one chief ▇▇▇▇▇▇▇ from groups (1), (2), (3) and (4) as described in Article I shall be used for the purpose of defining classification have super seniority in the event of a layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide.
C. Head Bus DriverThe Board will give two (2) weeks notice in advance of layoff to employees affected or two (2) weeks pay in lieu of such notice.
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. MaintenanceIn the event of a layoff or the elimination of a position, Custodian Ithe affected employee shall have the right to bump the employee with the least seniority in a classification within the department impacted, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian provided the employee can demonstrate acceptable job performance during a thirty (8 Hours per week)
M. Low Incidence Bus Aide 30) work day probationary period in the position. During such probation period the employee will not have access to the grievance procedure. Any absences during the probationary period shall extend the thirty (30) working day probationary period until thirty (30) days have been worked by the employee in the Bargaining Unit position.
E. In the event of a recall, recall shall commence with the most senior laid off under employees in the above procedure may exercise order of their classification seniority. Recall shall be utilized by the bumping rights Board prior to any new employees being hired in this sectionthe laid off employees’ classification for a period of one (1) year following the layoff of employees with more than one (1) year of service but less than eight (8) years of service with the Board in the bargaining unit and for two (2) years following the layoff of employees with more than eight (8) years of service with the Board in the bargaining unit.
F. A laid off employee shall respond to a notice of recall within seven (7) calendar days after receipt of notice sent to the employee by registered mail to his/her last known post office address. Employees The laid off employee must notify return to work within fourteen (14) calendar days from the Superintendent date of acceptance of employment, unless otherwise mutually agreed upon, in writing writing, by the Board and the recalled employee. If such laid off employee fails to indicate acceptance within 5 work seven (7) calendar days of their intention receipt of the notice of recall or fails to exercise one’s bumping rightreturn to work within fourteen (14) calendar days of acceptance of employment, he/she shall lose all rights with respect to reemployment. Bumping rights It is understood for the purposes of this Article that "receipt" shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force mean postal delivery to displace an employee with less seniority in:the employee's last known post office address.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce In the number event of employees in a job classification due to abolishment proposed lay-off of positions, lack a permanent or long-term nature of work, return to duty of regular employees from a leave of absence, building closing weeks or a projected deficit in financial resources as substantiated by current financial statementsmore, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction Home will provide the Union with at least weeks' notice. This notice is not in the force will be kept addition to a minimum by not employing replacements insofar as practical required notice for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous serviceindividual employees. In the case event of identical senioritya lay-off of a permanent or long-term nature, order of hire the Home will prevail provide affected employees with notice in accordance with the However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in follows: her service is greater than years weeks' notice if her service is greater than years weeks' notice her service is greater than years weeks' notice if her service is greater than years weeks' notice Lay-off Procedure In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenancelay-off, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee the Employer shall first lay-off employees in the Bargaining Unit reverse order of their seniority within their classification, provided that there remain on t he job employees who have the ability and qualifications as required by law to perform the work. An employee who is subject to lay-off shall have the right to either: accept the lay-off; or first bump an employee with less bargaining unit seniority within his or her bargaining unit (full- time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation. Chain bumping will be allowed with the understanding that an subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump all employees who are potentially impacted will be given notice of lay off at the outset of the process. An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off under employee is within one percent (1%) of the above procedure laid off employee’s straight time hourly wage rate. In the event there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may exercise bump a less senior employee with ▇▇▇▇▇▇ regularly scheduled hours within of the bumping rights laid off regularly scheduled hours within their classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within h is or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. In the event that there are no employees in this section. Employees must notify the Superintendent either bargaining unit with lesser seniority in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (lower or identical paying classifications as defined in Article Xis article, Section 1.1.1) a laid-off employee whose contract has been suspended on account of a reduction in force will have the right to displace an employee with less seniority in:seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose or above shall be given in writing to the Administrator within three days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number Section 1: Seniority List By December 1 of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementseach school year, the following procedure shall govern such layoff:
1.1.1 Superintendent will publish and distribute to all employees and the Association a seniority list ranking each employee from greatest to least seniority. The number of people affected by reduction in the force publication will be kept electronic; however, a printed version will be available for any certificated employee who requests one. It will be the responsibility of each employee to verify his/her seniority ranking and promptly to report any dispute thereof in writing to the Association and the District. Each employee who, within fifteen (15) days after posting, fails to notify the Association and the District that a minimum by not employing replacements insofar dispute exists regarding his/her seniority ranking as practical for employees who resignposted, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary will be presumed to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, have concurred with the seniority ranking ascribed to such employee on the posted list. By February 1, the District will compile and electronically distribute to all certificated employees and the Association the final list, ranking from greatest to least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous serviceseniority. In no event will personnel outside the case of identical seniority, order of hire bargaining unit be included on the seniority list nor will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for add such personnel to the purpose of defining classification seniority list in the event of layoff:. No employee outside the bargaining unit will be reassigned to a position within the bargaining unit.
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in Section 2: Layoff and Recall Procedures Prior to the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account implementation of a layoff, the District agrees to meet and confer with the Association regarding the rationale for reduction in force and to displace jointly explore alternatives. The District will provide the Association a detailed report of the financial affairs of the District and the District agrees to make a good faith effort to consider all resources available, prior to laying off employees. In the event of financial emergency, the Board on or before May 15, acting on the recommendation of the Superintendent following discussions with staff, will determine the extent of the modified educational program. Financial emergency may include loss of local school levy, significant decrease in school enrollment, or other serious revenue loss. The Board will determine the modified educational program for the ensuing school year and the positions to be eliminated. The term “layoff” as used herein refers to action by the Board reducing the number of certificated employees within the bargaining unit due to economic reasons only; it does not refer to decisions to discharge or non-renew an individual employee for cause. Certificated employees with less valid contracts will not be laid off during any school year. All layoffs will take effect immediately following the end of the school year. In the event of a layoff, the Board will provide written notice to all affected certificated employees on or before May 15 of the current year. In an effort to eliminate the necessity of involuntary layoffs, a reasonable effort will be made to ascertain the number of certificated positions that will be open for the following school year by reason of normal attrition outlined below. Such vacancies will not be filled except as indicated in (4) below: Certificated employee retirements. Certificated employee resignations. Before the implementation of the reduction in force procedure, the entire certificated staff will be offered the opportunity to make a written application for a year’s leave of absence without pay. The Board may grant such leaves of absence if the granting of such leave would eliminate the necessity for involving termination of a certificated employee. Such permission may be withheld if such leave of absence, in the Board’s opinion, will further impair the modified education program to be retained. Vacant positions will be filled by transferring qualified current certificated employees within the District. All retained employees will meet the following qualifications: A valid Washington State certificate as required by the Superintendent of Public Instruction, including appropriate endorsements. Teaching experience at that particular level. Levels are defined as elementary (K-5), broad subject area at the secondary level (6-12) or special program, or A major or WEST-E/NES Test in that particular subject area or level or ability to become endorsed before the beginning of the next school year. Prior to May 15, as required by state law, the certificated employees to be laid off will be identified pursuant to the policy herein provided, and such employees will receive a notice of probable nonrenewal of their individual teaching contracts for the ensuing school year. When more than one person qualifies for a particular position under the criteria listed herein, the layoff will be by seniority. Seniority is defined as length of time of service within the State of Washington. In the event of more than one individual employee having the same seniority in:ranking after applying the above provision, the tie will be resolved using the following criteria in descending order: Seniority in the Deer Park School District; Number of years worked in the education profession; Graduate degree(s); Accumulated credits/clock hours as used for salary schedule placement; National Board Certification Lottery –all certificated employees so affected may participate in a drawing by lot to determine position on the seniority list. The Association and the certificated employees so affected will be notified in writing of the time, date and place of the drawing. The drawing will be conducted openly and at a time and place which will allow affected certificated employees and the Association representative to be in attendance.
Section 3: Provisions for Re-employment All certificated employees who are not recommended for retention in accordance with these procedures will be terminated from employment and placed in an employment pool for possible reemployment. Employment pool personnel will be given the opportunity to fill open positions for which they are qualified on a seniority basis defined herein. When a vacancy occurs for which any person in the employment pool qualifies, notification from the Superintendent to such individual will be by certified or registered mail and the Superintendent will attempt personal contact. The job will be held for ten (10) days after the issuing of the certified or registered mail. Such individual will have five (5) calendar days from receipt of the letter or from date of personal contact to accept the position. It will be the obligation of the individual in the employment pool to keep the Superintendent’s office notified as to where they can be reached. An employee will remain in the employment pool for three (3) years. An employee assigned out of his/her usual teaching assignment will have first opportunity at a position similar to his/her previous teaching assignment at the time of layoff when such a position becomes available. At the end of any school year in which any modified educational program is implemented, certificated employees remaining in the employment pool will be offered contracts for certificated positions for which they are qualified in accordance with this policy. In the event that there are insufficient vacant positions to offer contracts to all employment pool personnel, the employment pool will be reestablished. It is understood and agreed that although employees properly laid off pursuant to the terms hereof and in compliance with applicable law may not have a continuing contract guaranteeing them a position and a salary for the forthcoming fiscal year, each laid off employee will be considered as to have employment status with the District for purposes of accruing seniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 A. Layoff means a reduction in the working force due to a decrease of work or limitation or reduction in operating funds or any other condition beyond the control of the Board.
B. If it becomes necessary to reduce for a layoff, all part-time employees followed immediately by full-time probationary employees within the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force classifications will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves Seniority employees laid off from their positions will have bumping rights within their classification on the basis of absence do their department seniority and will be entitled to bump the employee with the least department seniority currently in that classification. Lateral bumping must be requested, in writing, within ten (10) calendar days from the notice of layoff.
C. Any employee not constitute an interruption possessing the necessary department seniority or desiring to bump laterally as outlined in continuous service. In (B.) above may opt to exercise their seniority by bumping the case of identical employee with the least department seniority, order providing the position is equal in pay or in a lower classification than the employee currently holds and the employee meets the qualifications for the position. Classification ranking will be determined on the basis of hire will prevail as evidenced by adoption of wage rates on the Board Resolution of employmentSalary Schedule.
1.1.3 D. An employee not possessing the necessary seniority to bump within a department can exercise seniority gained in a former department and bump the employee with the least seniority in a previously held or lower classification.
E. Any employee who assumes a new job assignment due to the layoff procedure will also assume the salary rate for that position.
F. Employees to be laid off will have at least fourteen (14) calendar days notice of their intended layoff. The following classifications Chairperson and Chief ▇▇▇▇▇▇▇ shall receive a list of employees being laid off.
G. Employees laid off through the procedure as stated in this Article shall be used maintained on a recall list for the purpose a period of defining classification two (2) years or length of seniority in the event District, whichever is shorter and shall be recalled in reverse order of their layoff:.
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health AideThe Employer may transfer within the departmental classifications on a District-wide basis where operating staff in one or more buildings is reduced due to layoff.
I. MaintenanceNotice of recall shall be sent to the employee at his/her last known address by registered or certified mail. If an employee fails to report for work within fourteen (14) calendar days from date of mailing of recall notice, Custodian Ihe/she shall be considered as having quit.
▇. Each employee is responsible for keeping the Employer advised, Groundskeeperin writing, of any change of address and will not be excused for failure to report for work on recall if he/Custodianshe fails to receive recall notice because of his/her own failure to advise the Employer, Custodian IIin writing, Custodian III, J. Network Coordinatorof his/her change of address.
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance SecretaryThe Employer shall have no obligation to recall probationary employees who may be laid off.
L. PT Floating Custodian (8 Hours per week)It is clearly understood that any individual laid off shall automatically terminate and suspend the Employer’s obligation to salary or fringe benefits under this collective bargaining agreement or any other agreement.
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace Should an employee with less be offered a full-time position and refuse such appointment, he/she will lose his/her right to remain on the seniority in:recall list and shall be considered as having quit.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce 26.01 In the number event of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected probationary employees shall be laid off according first within their job classification. Thereafter, employees will be laid off in the reverse order of their seniority within their job classification providing the remaining employees are qualified to district-wide seniority, with perform the work.
26.02 An employee who is subject to layoff shall have the right to:
(a) Accept the layoff; or
(b) Displace an employee who has lessor bargaining unit seniority and who is the least senior employee in a lower or identical paying job classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical job classification without training and/or orientation in excess of twenty-four (24) hours. Such employee so displaced shall be laid off firstand entitled to trigger the bumping provisions of this Article. Authorized leaves If the least senior employee in the lower or identical job classification is employed in special circumstances at reduced hours (i.e. job share or reduced work week arrangements) the employee affected by the layoff shall have the option of absence bumping that employee or bumping the next employee with the least seniority within that job classification who is employed in a comparable position regarding the number of hours worked. Such employee so displaced shall be laid off and entitled to trigger the bumping provisions of this Article.
26.03 An employee, affected by a lay off, shall elect to accept the lay off or bump another employee in accordance with this Article within five (5) working days of the delivery of the notice of lay off personally or by registered mail to the last address known to the Employer. An employee who fails to make an election within five (5) working days shall be laid off automatically and placed on recall.
26.04 An employee shall have the opportunity of recall from a layoff to an available opening in a lower or identical paying job classification, in order of seniority, provided he/she has the ability to perform the work without training or orientation in excess of twenty-four (24) hours before such opening is filled on a regular basis under the job posting procedure herein. Any job posting procedure initiated by the Employer shall specify that it is subject to these recall rights.
26.05 The recall notice shall state the position and/or job classification to which the employee is eligible to be recalled, the location of the position and the date and time at which the employee shall report for work. It is the responsibility of the recalled employee to notify the Employer of his/her intention to return to work within five (5) working days of the delivery of the recall notice personally or by registered mail. If the recalled employee notifies the Employer of his/her intent to return he/she shall return to work within ten (10) working days of the delivery of the recalled employee’s decision to accept recall. If the recalled employee fails to notify the Employer of his/her intent to return he/she will be terminated in accordance with the seniority provisions in Article 25.04(d).
26.06 In determining the ability of an employee to perform the work for purposes of this Article the Employer shall not act in an arbitrary or unfair manner.
26.07 An employee recalled to work in a different classification from which he/she was laid off shall have the privilege of returning to the classification he/she held prior to the lay off should it become vacant within six (6) months of being recalled. Similarly, an employee who is laid off and elects to bump another employee under this Article to work in a different classification from which he/she was laid off shall have the privilege of returning to the classification he/she held prior to the lay off should it become vacant within six (6) months of the date of lay off.
26.08 No new employee shall be hired until all those laid off have been given the opportunity to return to work and have failed to do so in accordance with this Article or unless those laid off are unable to perform the work available without training and/or orientation in excess of twenty-four (24) hours.
26.09 An employee on lay off shall be given preference for temporary vacancies (except any vacancies caused by employee vacation) in lower or identical paying job classifications which are expected to exceed ten (10) working days at the time the vacancy is created provided the employee has the ability to perform the work without any training. If the employee accepts recall to fill the temporary vacancy he/she shall be paid at the rate of pay for the position filled. However, an employee who has been recalled to such temporary vacancy shall not constitute an interruption in continuous service. be required to accept recall and may instead remain on lay off.
26.10 In the case of identical seniorityevent that a lay off is commenced on the day immediately following a statutory holiday, order of hire will prevail as evidenced by adoption an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the Board Resolution of employmentday on which the lay off commenced.
1.1.3 The following classifications 26.11 A laid off employee shall retain the rights of recall for a period of twenty-four (24) months from the original date of lay off (temporary periods of recall are to be used for excluded from the purpose period of defining classification seniority in twenty-four (24) months herein until the laid off employee has accumulated thirty-five (35) days of work through temporary assignments).
26.12 In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenancea lay off of an employee entitled to insured benefits coverage, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian the Employer shall pay its share of the benefits premiums for up to thirteen (8 Hours per week)
M. Low Incidence Bus Aide Any employee in 13) weeks from the Bargaining Unit date of the lay off or until the laid off under employee is employed elsewhere which ever occurs first, provided the above procedure may exercise employee pays his/her share of the bumping rights in benefits premiums on the first day of each month during the thirteen (13) week period. In any event, the insured benefits coverage shall cease immediately following the thirteen (13) week period.
26.13 For purposes of this section. Employees must notify Article the Superintendent in writing words “identical paying job classification” shall mean the same classification or any other classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within 5 work days one percent (1%) of their intention to exercise onethe laid off employee’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:straight time hourly wage rate.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce 15.1 When there is a reduction in the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, working force the following procedure shall govern such layoffbe used:
1.1.1 The number of people affected by reduction in (a) All probationary employees throughout the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees plant shall be laid off according first. Thereafter, employees in the plant will be laid off in inverse order of seniority provided there are available employees with seniority who are able and willing to districtdo the work of the employees to be laid off who will be given a training period of five (5) working days. Material Handlers shall have ten (10) working days of classification training.
(b) Exceptions in the application of the above-wide senioritymentioned seniority rules shall be made by mutual agreement between the Shop Committee and the Company.
(a) Where there is an increase in the working force after layoff, the reverse of the above layoff procedure shall be followed, including the training period of five (5) working days.
(b) The Company will not increase the hours of work in a classification in the plant over forty (40) hours per week until all seniority employees laid off in that classification in the plant are called back to work, except in an emergency when agreed to by the Shop Committee, or when a classification is working to full capacity on a three (3) shift basis.
15.3 A list of employees to be laid off pursuant to a planned layoff will be made available to the Chairperson of the Shop Committee and will be posted on the plant bulletin board at least five (5) days prior to the layoff becoming effective, if possible.
15.4 An employee while retained on the plant seniority list during layoff accumulates seniority during such period and shall be considered a payroll employee for recall rights purposes. For the purpose of this article, layoff is defined as a person who is scheduled to be out of the workplace due to a reduction in the workforce. The following procedure will apply to employees who have been reduced from their classification, except for Relief Operator, but who have the seniority to remain in the plant, will:
1. To displace a lower seniority employee in their classification, regardless of shift.
2. If there is no lower seniority employee in the classification, they will be assigned to the Operator classification, seniority permitting. Employees, who have been identified for layoff or recall who do not have the seniority to be assigned to the Operator Classification, will be allowed to bump the employee with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian whose work they are able to perform with five (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work 5) days of their intention to exercise one’s bumping righttraining. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) Once an employee whose contract has been suspended on account of a reduction in force opted to displace an another employee with less seniority in:outside the Operator Classification, they will assume that position until recalled back to their classification, or they post to a new classification.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If A. In the event of a reduction of the working force by reason of lack of funds, lack of work, or an emergency situation and it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementsemployees, the following procedure procedures shall govern such layoff:layoff and/or subsequent reinstatement.
1.1.1 B. The number of people affected by a reduction in the force will shall be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever C. When it becomes necessary to layoff employees within a classification for reasons by reason as stated above, affected employees shall be laid off according to district-wide seniority, within the bargaining unit classification affected by the layoff with the least senior employee laid off first. Seniority for layoff shall be defined as the uninterrupted length of continuous service with the ▇▇▇▇▇ County Sheriff’s Office computed from the latest date of hire or appointment. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order the Sheriff and the Labor Council shall meet to determine a fair and equitable means of hire will prevail deciding which employee shall be laid off first, such as evidenced by adoption of the Board Resolution of date the employee submitted his or her initial application for employment.
1.1.3 The following classifications D. A minimum of twenty-one (21) calendar days prior to the effective date of the layoff, the Sheriff shall prepare and post for inspection in a conspicuous place a list containing the names, and seniority dates and indicate which employees are to be laid off. Each employee to be laid off shall also be given at least twenty-one (21) calendar days prior to the effective date a written notice of layoff. Each notice of layoff shall state the:
1. reason(s) for the layoff or reduction;
2. the effective date of layoff; and
3. a statement advising the employee of his/her right of reinstatement from the layoff.
E. If layoffs occur, the Sheriff shall prepare a reinstatement list and name all employees placed on the reinstatement list in the reverse order of layoff. Reinstatement shall be used made from this list before any new employees are hired.
F. Vacancies, which occur because of a layoff, shall be offered to or declined in writing by the employees standing highest on the layoff list before the next person on the list may be considered. Any employee who declines reinstatement to their prior classification shall be removed from the reinstatement name list.
G. The employee’s name shall remain on the appropriate list for a period of two (2) years from the effective date of layoff. If reinstated from layoff during this period, such employee shall retain all previous accumulated seniority and a notice of reinstatement shall be made by certified mail to the employee’s last known address.
H. It is the employee’s responsibility to maintain a current address with the Employer for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aidethis Section.
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (reassigned as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account a result of a reduction in force lay off shall maintain their original classification until such time they are offered an opportunity to displace an return to their original position. No new employee with less seniority in:will be hired except as a corrections officer until such time all employees are reinstated to their original positions.
J. No bargaining unit member shall have their classification changed without prior formal written notification from the Employer.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 A. Layoff means a reduction in the working force due to a decrease of work or limitation or reduction in operating funds, or reduction of students in a class, school or subject area, or any other conditions beyond the control of the Board/Employer.
B. If it becomes necessary to reduce the number of employees in for a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementslayoff, the following procedure shall govern such layoff:
1.1.1 The number of people probationary employees within the affected by reduction in the force classification will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves Seniority employees will be laid-off in the affected classification according to inverse seniority. Any seniority employee laid off will be placed into another position or classification, if the laid off employee meets the minimum qualifications of absence do not constitute an interruption in continuous servicethat position, e.g. NCLB qualifications, Bi-lingual or E.L.L. language requirements, certified to support the visually impaired, etc. In All laid off employees will be placed by seniority into a position that will be as close as possible to the case type of identical seniorityposition, order hours, and wages the employee held prior to layoff. A position of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications six (6) hours or more shall be used considered an equivalent position for the purpose of defining classification seniority bumping and placement. Before any transfer or layoff letters are mailed to affected employees, the Board will meet with the Association to review the implementation of this Article. The intent of this Layoff and Recall Article is to keep the most senior employees placed in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aidepositions for which they are qualified.
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (Layoffs will be based upon seniority as defined in the Seniority Article Xaccording to their classification on a district-wide basis. At the start of each school year, Section 1.1.1when all paraeducator positions are being filled, any seniority employee(s) on layoff shall replace the lesser seniority employee(s). If there are no positions available, the lesser seniority employee(s) shall be on layoff until they are recalled.
D. Employees being laid-off through the procedure as stated in this Article shall be maintained on a recall list for a period of two (2) years and shall be recalled in reverse order of their layoffs.
E. Notice of recall shall be sent to the employee whose contract has been suspended at his/her last known address by registered or certified mail. If an employee fails to report for work within seven (7) calendar days from the date of mailing of recall notice, said employee shall be considered as having quit.
F. Each employee is responsible for keeping the Employer advised, in writing, of any change of address and will not be excused for failure to report for work on account recall if employee fails to receive recall notice because of his/her own failure to advise the Employer, in writing, of his/her change of address.
G. The Employer shall have no obligation to recall probationary employees who may be laid-off.
H. It is clearly understood that any individual laid-off shall automatically terminate and suspend the Employer's obligation to salary or fringe benefits under this collective bargaining agreement or any other agreement.
I. Should an employee who is laid off (not through a reduction in hours) be offered any position with comparable hours and rate of pay, for which they are qualified and refuse such appointment, the employee will lose the right to remain on the seniority recall list and shall be considered as having quit. Should an employee who is laid off as a result of a reduction of hours, under Article 11. A. Hours of Work, be offered and refuse a position with comparable hours and rate of pay for which they are qualified, the employee will lose the right to remain on the seniority recall list and shall remain in force their current classification.
J. Any employee who assumes a new job assignment due to displace an employee the layoff procedure will also assume the salary rate for that position.
K. Employees to be laid-off will have at least fourteen (14) calendar days notice, in writing, of their intended layoff. The President shall receive a list of the employees being laid-off.
L. When full-time employees’ hours are reduced making them part-time, but not laid off from employment (layoff and recall list), they will be offered the opportunity to apply for full-time positions, along with less seniority in:any current full-time employees within the bargaining unit. If the position has not been filled in this manner, the same position will be re- posted allowing application by part-time employees (not on the recall list). If there are no reduced full-time employees, the postings will be made available to all employees of the bargaining unit in accordance with Article 6 Vacancies, Promotions and Transfers.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. 1.1 If 11.01 Should cause such as a fire, flood, explosion, Act of God, or any unforeseeable work stoppage by employees of an airline served by the Employer, or circumstances beyond the control of the Employer make it becomes necessary to temporarily reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementsworking force, the following procedure shall govern such layoff:
1.1.1 The number of people employees affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees thereby shall be laid laid-off according to districtseniority with twenty-wide seniority, with four (24) hours notice from the least senior employee laid off first. Authorized leaves commencement of absence do not constitute an interruption in continuous servicethe work stoppage providing that seniority shall apply during such lay-off. In the case event of identical a partial resumption of operations, the employees affected shall be recalled by seniority.
11.02 A layoff means a reduction in available hours or positions due to changes in CATSA policy, airline activity or technology.
11.03 The Employer has the right to lay-off employees to the extent it determines to be necessary. In the event of a lay-off, the Employer shall lay-off in reverse order of hire classification seniority. The onus shall be on the Employer to establish that the senior employee has insufficient ability to perform the work required, and if proven, the Employer will prevail as evidenced by adoption provide training to the employees in order of the Board Resolution of employmentseniority.
1.1.3 11.04 The following classifications Employer shall be used for notify the purpose Union as soon as possible prior to any permanent lay-off. All employees shall receive at least fourteen- (14) day’s notice of defining classification seniority any permanent lay-off. The Employer agrees to meet the Union in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee major operations changes that may result in lay-offs to review the Bargaining Unit laid off under the above procedure may exercise the bumping status of full-time and part-time positions and to discuss displacement rights in this sectioneach classification prior to lay-off.
11.05 An employee who has been laid-off shall be listed according to seniority after the date of lay-off and remain on the seniority list for recall for a maximum of twelve (12) months. Employees If not recalled to work during that time, his name shall be removed from the seniority list.
11.06 Recalls from such lay-offs shall be in order of classification seniority.
11.07 Recall shall be by registered mail to the address last filed by the employee with the Employer, or by personal interview. The Union shall receive a copy of each letter of recall and notification of each recall made by personal interview. A previous employee with seniority must keep the Employer informed of any change of address by registered mail.
11.08 If within seven (7) calendar days after the date of receipt of notice of recall an employee shall have failed to notify the Superintendent in writing within 5 Employer that he intends to return to work days or to have satisfied the Employer that he is unable to return because of their intention to exercise one’s bumping right. Bumping rights accident or illness or other sufficient cause, he shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less lose all seniority in:and his name shall be removed from the seniority list.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce 10.1 Layoff and recall shall be in accordance with the number established rules and regulations of employees in a job classification due to abolishment the Vancouver Civil Service Commission as of positionsNovember 20, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, 2002 with the following procedure shall govern such layoffexceptions:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. A. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk, employees will be laid off in the order of their seniority. Seniority shall be defined as time in the position.
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. MaintenanceAt the time of any layoff, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any lieutenants and commanders may be given an opportunity to accept reduction to the next lower rank in lieu of layoff. Such employees shall have bumping rights over the employee in the Bargaining Unit next lower rank with the least seniority. Seniority shall be defined as time in the rank plus time in any higher rank.
C. Employees laid off under or demoted in lieu of layoff shall be placed on a reinstatement list for the above procedure may exercise classification from which the bumping rights in this section. layoff took place.
D. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a who accept reduction in force lieu of layoff shall remain on the reinstatement list indefinitely. Laid off employees shall remain on the reinstatement list for a maximum of 24 months.
E. Laid off employees who are offered reinstatement shall receive a conditional offer. The offer will be conditioned on successful completion of the following:
1. A background investigation. The investigation will be limited to displace the period of time between the date of layoff and date of proposed reinstatement.
2. A medical examination and psychological evaluation.
3. A drug screen.
F. An individual will lose rights to reinstatement and/or be removed from the reinstatement list if he/she commits an act that would be cause for termination of employment of if he/she loses his commission as a general authority law enforcement officer.
G. Appointments from the reinstatement list shall be made in the order of length of service. The employee with less seniority in:on the reinstatement list who has the most service credit shall be first reinstated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 A. If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positionsthrough general layoff, lack of work, return to duty of regular probationary employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves All other employees will be laid off in order of absence do seniority in their classification. (The employee having the least seniority will be laid off first.) Recall will be in reverse order of layoff.
1. If, as a result of layoff, a seniority employee would be moved to a position that the employee feels would be unacceptable, that employee may choose to be voluntarily laid off and the highest seniority employee scheduled to be laid off would be recalled to such position.
2. If, as a result of layoff, a seniority employee is moved to a position not constitute previously occupied by said employee, a thirty (30) working day trial period will be in effect. If, within twenty (20) working days of the start of the trial period, the employee, the supervisor, or the Executive Director of Business Services determines that the employee is having difficulty with the assignment, one of the following options will apply:
a. The employee may be transferred voluntarily or involuntarily if such transfer would not result in the layoff of an interruption in continuous serviceemployee of higher seniority.
b. The employee may be voluntarily laid off and the highest seniority employee on layoff will be recalled.
B. All employees will be given a minimum of thirty (30) calendar days notice if layoff becomes necessary. In the case event of identical senioritya severe financial emergency, order of hire and after consulting with the Association President, the thirty (30) day notice provision may be shortened to no less than ten (10) work days.
C. If a laid off employee resigns during layoff, the laid off employee will prevail as evidenced receive severance pay for unused paid leave days according to Article XIX, Compensation, Section F.
D. A recall notice will be sent by adoption of registered mail to the address currently recorded in the Board Resolution of employmentEducation Office. Any laid off employee that is recalled in 2010-11 or 2011-12, will receive $2.50 less per hour than their 2009-10 wages. Failure to respond within ten (10) working days will be deemed a resignation. Each employee on layoff will be responsible for informing the Personnel Department of any change of address for notification.
1.1.3 The following classifications E. Laid off employees will remain on recall status for a time equal in length to their seniority in the district or three (3) years, whichever is lesser, but no less than twelve (12) months. No laid off employee shall be used for obligated to accept a part-time position to maintain their recall rights. However, acceptance of an interim part-time position will not prevent the purpose of defining classification seniority employee from being recalled to his/her regular position.
F. In the event, that the Board elects to layoff all or substantially all bargaining unit members working in a job classification, the members shall be given at least seventy-five (75) calendar days written notice, except in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee a severe financial emergency as stipulated in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in Section B of this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:Article.
Appears in 1 contract
Sources: Letter of Agreement
Layoff and Recall. 1.1 If it becomes necessary A. The employer reserves the right to reduce the number of lay off employees in situations involving financial emergency, reduction in student count or funding necessitating layoff, a job classification due to abolishment of positions, lack of needed work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees other legitimate business necessity. Bargaining unit members shall be laid off according to district-wide in accordance with Seniority Classification seniority; that is, the employee with the least senior employee Seniority Classification seniority shall be laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case selection of identical seniorityemployees for layoff, order of hire will prevail the school district shall retain those bargaining unit members with the greatest seniority within that classification provided the bargaining unit member is qualified to perform the work.
B. Seniority Classification is defined as evidenced custodial, culinary, clerical, bus driver, and aide.
C. Whenever a bargaining unit member is to be laid off, the school district shall notify the bargaining unit member and the Association President by adoption mailing notice within ten (10) working days of the Board Resolution meeting in which the Board took layoff action, except in case of employmentemergency. No layoffs shall be effective for twenty (20) calendar days, following notification.
1.1.3 The following classifications ▇. ▇▇▇▇‐off bargaining unit members shall be used recalled in accordance with Seniority Classification seniority; that is, the bargaining unit member with the greatest seniority shall be recalled first, provided that person has the ability and is able to perform the duties of the job that is open.
E. When recalling laid‐off bargaining unit members, the school district will notify them by certified mail at the last known address. If such bargaining unit member does not notify the school district within seven (7) working days from the mailing date of such notice that he/she will report for work on the purpose date specified, or give a legitimate reason, as determined by the Superintendent, for delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated. Seniority bargaining unit members shall have recall rights up to two (2) years from the date of defining classification seniority in layoff.
F. In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force the work hours in a classification as referenced in A above, bargaining unit members with the greater seniority in that classification may use same to displace an employee maintain his/her normal work schedule by displacing bargaining unit members with less seniority in:on the work schedule. In no case shall a reduction of any bargaining unit member’s work hours take effect until twenty (20) calendar days after written notice to the affected bargaining unit member(s) is given by the Employer.
Appears in 1 contract
Sources: Master Contract
Layoff and Recall. 1.1 A. The word "layoff" means a reduction in the work force.
B. In the event it becomes necessary for a layoff, the Employer shall meet with the Union representatives at least three (3) weeks prior to the effective date of layoff. At such meeting the Employer shall submit a list of the number of employees scheduled for layoff, their names, seniority, job titles and work locations.
C. If it becomes necessary to reduce layoff either twelve (12) month employees or school year employees during the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementstime they normally would be working, the following procedure shall govern such layoffprocedures will be mandatory:
1.1.1 The number of people affected by reduction 1. Probationary and temporary employees in the force classification will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off first.
2. Seniority employees will be laid off in inverse order of seniority by classification, provided the retained employee is capable and qualified.
3. When a senior employee is scheduled for layoff, the employee shall have the right to bump the lowest seniority employee in the same classification with the same number of hours or less, provided the retained employee is capable and qualified.
4. A seniority employee who is scheduled to be laid off shall have the right to displace the lowest seniority employee with the same number of hours or less in any classification provided the employee scheduled to be laid off has earned seniority in that classification, as set forth in Article VIII, Section A and is qualified to hold the position. The bumping employee must have more seniority in the classification than the employee being bumped.
5. A one-on-one paraprofessional is defined as a paraprofessional who is assigned to the same special needs student all day, every day, per IEP. One-on-one paraprofessionals are excluded from the bumping process. A one-on-one paraprofessional may bump the least senior paraprofessional (not a one-on-one).
6. The employee may remain on the layoff list for a maximum of a two year continuous period or the length of their seniority, whichever is less, during which time his/her seniority shall be frozen.
7. Employees to be laid off will receive at least fourteen (14) days' advance notice of the layoff except for emergencies or unforeseen circumstances at which time the District will notify employees immediately.
8. Employees subject to layoff may choose to retain or be paid for appropriate vacation time.
9. If an employee voluntarily leaves his/her classification he/she cannot later bump back into that classification.
10. An eight (8) hour paraprofessional does not have to accept a six (6) hour position, but may bump the least senior eight (8) hour person in the classification excluding one-on-one Paraprofessionals.
D. The Employer shall not reduce the normal work week in lieu of making layoffs. When the working force is increased after a layoff, employees will be recalled according to district-wide seniorityseniority within their classification, with the least most senior employee laid off employees on layoff being recalled first. Authorized leaves Notice of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications recall shall be used for sent to the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Busemployee at his/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this sectionher last known address by registered or certified mail. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace If an employee with less seniority in:fails to report for work within ten (10) calendar days from the date of mailing of notice of recall, he/she shall be considered a quit.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes A. Layoff shall be defined as a necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the work force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionbeyond normal attrition.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees B. No Employee shall be laid off according pursuant to district-wide senioritya necessary reduction in the work force unless said Employee shall have been notified of said layoff at least fifteen (15) work days prior to the effective date of the layoff. The layoff notification does not apply where the layoff is due to an unanticipated occurrence, with such as an emergency.
C. In the event of a necessary reduction in work force, the Board shall layoff on a classification by classification basis. The Board shall first layoff probationary employees in the classification, then the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous serviceemployees within the classification. In the no case of identical seniority, order of hire will prevail as evidenced shall a new employee be employed by adoption of the Board Resolution of employmentin a classification while there are Employees who are qualified for a vacant or newly created position who are on layoff from that classification. Qualified is defined as meeting the minimum requirements for the vacant or newly created position.
1.1.3 The following classifications shall be used D. In the event of a reduction in the work hours of an Employee, the Employee may claim seniority over another Employee in the same classification for the purpose of defining maintaining his/her normal work schedule provided he/she has greater seniority than the Employee he/she seeks to replace. The Employee replaced shall be the least senior Employee with sufficient hours in the classification.
E. A laid-off Employee shall upon application, and at his/her option, be granted priority status on the substitute list for his/her classification according to his/her seniority.
F. Laid off Employees shall be recalled in reverse order of layoff to positions for which they are qualified in the classification from which they were laid off or in classifications in which they have seniority. Qualified is defined as meeting the minimum requirements for the position.
G. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employee’s records. The recall notice shall state the time and date on which the Employee is to report back to work. It shall be the Employee’s responsibility to keep the Board notified as to his/her current mailing address. A recalled Employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The Board may fill the position on a temporary basis until the recalled Employee can report for work providing the Employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. If an Employee declines recall or fails to report within the aforementioned time limits, this shall constitute his/her resignation from employment and forfeiture of his/her seniority and employment rights.
H. A laid off Employee shall lose all recall rights in the event he/she is not recalled within one (1) year from the effective date of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:.
Appears in 1 contract
Sources: Food Service Group Agreement
Layoff and Recall. 1.1 If it becomes necessary An employee in receipt of notice of layoff pursuant to reduce may: accept the number layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days receiving the notice of layoff. Collective Agreement between The Ottawa Hospital and and its Local Expiry September Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employees is within of the laid off employee’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this Article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within fifteen percent (15%) of the laid-off employee’s straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full-time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital act in an arbitrary or unfair manner. An employee recalled to work in a job different classification due from which he or she was laid off shall have the privilege of returning to abolishment the position held prior to the layoff should it become vacant within six (6) months of positions, lack of work, being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to duty work and have failed to do so, in accordance with the loss of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retireseniority provision, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the day of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the Collective Agreement between The Ottawa Hospital and and its Local Expiry September employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff employees shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within a classification for reasons as stated above, affected employees the bargaining unit shall be laid off according by reason of duties being assigned to districtone or more part-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous servicetime employees. In the case event of identical senioritya layoff of an employee, order the Hospital shall pay its share of hire will prevail as evidenced by adoption insured benefits premiums for the duration of the Board Resolution of employment.
1.1.3 The following classifications shall be used five-month period provided for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:Article
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by SECTION A. When there is an impending reduction in the workforce within the bargaining unit, the City shall immediately give notice to the Union as soon as there is any strong likelihood of said reduction in work force, and will give at least two weeks’ notice before actual reduction in work force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionthe affected employee.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees SECTION B. Employees shall be laid off according to district-wide seniorityor recalled by the City in the following manner:
1. First, with temporary employees in the least senior employee affected classification, shall be laid off.
2. Second, probationary employees in the affected classification shall be laid off firsttaking into consideration their employment records, including employee evaluations, prior training, work record, ability and other related factors; provided that the decision Chief will be final.
3. Authorized leaves of absence do not constitute an interruption Third, seniority employees in continuous service. In the case of identical seniority, affected classification shall be laid off in order of hire will prevail as evidenced by adoption of their seniority in the Board Resolution of employmentclassification, provided the remaining employees have the ability to perform the available work.
1.1.3 The following classifications 4. Fourth, in the event a classification is added to the bargaining unit above the rank of Lieutenant, said classification shall be used for have bumping rights into the purpose of defining Lieutenant classification seniority in the event of layoff:.
A. Account ClerkSECTION C. There shall be no seniority among probationary employees. If he is reappointed, he shall be treated as a new probationary employee.
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
SECTION D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. MaintenanceIn the event of layoff from the Lieutenant classification, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any a permanent bargaining unit employee in shall have the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention right to exercise onehis length of service rights and classification seniority rights into the patrol officer’s bumping rightunit.
SECTION E. Recall from layoff shall be in reverse or order of layoff, providing the employee can do the work required. Bumping rights shall entitle qualified (as defined in Article XUpon recall, Section 1.1.1) an employee whose contract may be required to take a physical examination by a City-designated doctor if said employee has been suspended on account layoff for a period of a reduction in force to displace an employee with less seniority in:thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If the City determines that it becomes is necessary to discontinue a job classification or reduce the number of employees in a job classification due to abolishment of positionsclassification, lack of work, return to duty of regular temporary employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction working in the force will job classification shall be kept to removed first. Thereafter, regular, part-time permanent employees in a minimum by not employing replacements insofar as practical for probationary period in the classification shall be removed first; thereafter, full-time employees who resignin a probationary period in the classification shall be removed. If further reduction is necessary, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff permanent employees within a in the job classification for reasons as stated above, affected employees shall be laid off according to district-wide in reverse order of their seniority, with the least senior employee . Employees laid off firstfrom a job classification in a division must first exercise their seniority either to another job classification with an equal or lower wage scale within their division or to another division within their job classification. Authorized leaves If a position is not available that the employee has the present ability to satisfactorily perform with a break-in or training period of absence do not constitute an interruption in continuous service. In the case of identical seniorityto exceed ten (10) regularly scheduled working days, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of or a reduction in force pay of not more than twenty-five cents ($.25), then the employee must exercise his seniority to displace an employee in any other job classification with less an equal or lower wage scale, provided that in the judgment of the City they will have the ability to satisfactorily perform all of the duties of the position with the benefit of a training period that will not exceed ten (10) regularly scheduled working days. The City agrees to notify an employee and the Union President in writing if the employee does not satisfactorily perform the duties of the new position. The employee shall then exercise their seniority in:to displace an employee in any other job classification with an equal or lower wage scale, provided that in the judgment of the City the employee will have the ability to satisfactorily perform all of the duties of the position with the benefit of a training period that will not exceed (10) regularly scheduled working days. If, during a layoff an employee changes divisions or job classification, they shall displace the employee with the least amount of seniority in the classification and division they will be occupying. Employees will be recalled on the basis of seniority, provided they have the present ability to perform the available work with a break-in or training period of not to exceed ten (10) regularly scheduled working days.
a) Notwithstanding the above, an employee in the Custodian job classification may bump up into a higher job classification providing they have the present ability and basic minimum qualifications to satisfactorily perform the essential functions with the benefit of a training period not to exceed ten (10) working days.
b) Any back pay liability involving an employee who was not properly recalled to work shall start no sooner than eight (8) working days after a grievance is filed challenging the recall procedure and naming the affected employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce In the number event of employees in a job classification due to abolishment proposed layoff of positions, lack of work, return to duty of regular employees from a leave of absence, building closing permanent or a projected deficit in financial resources as substantiated by current financial statementslong-term nature, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in Home will provide the force will be kept Union with at least weeks notice. This notice is not addition to a minimum by not employing replacements insofar as practical required notice for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous serviceindividual employees. In the case event of identical senioritya layoff of a permanent or long-term nature, order of hire the Home will prevail provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenancelay-off, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee the employer shall first lay-off employees in the Bargaining Unit reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work. accept the lay-off; or First bump an employee with less bargaining unit seniority within his or her bargaining unit (full or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation. Chain bumping be allowed with the understanding that an employee subject to lay off who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump all employees who are potentially impacted will be given notice of layoff at the outset of the process. An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off under employee is within one percent (1%) of the above procedure laid off employee’s straight time hourly wage rate. In the event that there are no employees within the laid off classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off such employee may exercise bump a less senior employee with greater regularly scheduled hours within of the bumping rights laid off employee’s regularly scheduled bi- weekly hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. In the event that there are not employees in this section. Employees must notify the Superintendent either bargaining unit with lesser seniority in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (lower or identical paying classifications as defined in Article Xthis article, Section 1.1.1) a laid off employee whose contract has been suspended on account of a reduction in force will have the right to displace an employee with less seniority in:seniority, who has schedule d hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee within five percent (5%) of the laid off straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose or above shall be given in writing to the Administrator within three ( 3 ) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off lay-off to an available opening, in order of seniority, provided she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completed. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If A. Reduction In Staff
1. The Board shall carry out reductions of force in accordance with Michigan statutes and the rules and regulations of the Michigan Department of Education, and the same shall be subject to the first three levels of the Grievance Procedure only, and in no event subject to arbitration.
2. When the Board determines that a reduction in the number of Administrators must be made, it becomes shall be made on the basis of the needs of the District and the needs of the students.
3. Should it become necessary to reduce the number of employees Administrators employed and there should be more than one administrator in a the same job classification due to abolishment (i.e., high school principal, middle school principal, elementary school principal, secondary assistant principal, assistant director) the administrators in the reduced classification will be laid off in accordance with Board Policy regarding reduction of positions, lack staff. Should reassignment or reclassification occur as a result of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force number of Administrators, the Administrator shall receive salary and benefits not less than those set forth within the Administrators Individual Employment Contract for the duration of that contract.
4. Administrators laid off through the procedure as stated in this Article may be recalled in accordance with Board policy and regulation.
5. The Board shall give written notice of recall from layoff by sending a registered or certified letter to said Administrator, at their last known address. The Administrator’s address as it appears on the Board’s records shall be conclusive when used in connection with layoffs, recall or other notice to the Administrator. If an Administrator fails to report to work within ten (10) days from date of the recall, unless an extension is granted in writing by the Board, said Administrator shall be considered as a voluntary quit. The individual’s employment contract and any other employment relationship with the Board shall be deemed terminated. Transfer requests will be kept processed prior to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionrecall requests.
1.1.2 Whenever it becomes necessary 6. Each Administrator is responsible for keeping the Employer advised in writing of any change of address and will not be excused for failure to layoff employees report for work on recall if they fail to receive recall notice because of their own failure to advise the Employer in writing of their change of address.
7. The Board’s obligation to pay salary or fringe benefits pursuant to provisions of this Master Agreement for any laid off Administrator’s individual or supplemental contract of employment, as well as all benefits under this collective bargaining agreement, shall terminate at the end of the individual’s contract.
B. Recall
1. The Board's recall of an employee who has been:
a. Reassigned to another classification within the bargaining unit, or
b. Employed by the Board in a classification position or capacity that is not covered by this Agreement, or
c. Laid off Shall be by the reverse application of the above procedures. The parties agree a probationary employee who is laid off shall have no recall rights. An exception to this provision is an employee who is granted a one (1) year probationary period.
2. The parties agree an employee's eligibility for reasons recall shall immediately terminate if they:
a. Resign or their employment by the Board otherwise terminates, or
b. Fail to report and/or be available to commence working as stated aboveper the conditions of the Board's recall notice, affected employees shall or
c. Possess less than four (4) years of service and continue to be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose ensuing employment year or following the termination date of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenancethis Agreement, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:whichever occurs sooner.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes A. Layoff shall be defined as a necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the work force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionbeyond normal attrition.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees B. No Employee shall be laid off according pursuant to district-wide senioritya necessary reduction in the work force unless said Employee shall have been notified of said layoff at least fifteen (15) work days prior to the effective date of the layoff. The layoff notification does not apply where the layoff is due to an unanticipated occurrence, with such as an emergency.
C. In the event of a necessary reduction in work force, the Board shall layoff on a classification by classification basis. The Board shall first layoff probationary employees in the classification, then the least senior employees within the classification. In no case shall a new employee be employed by the Board in a classification while there are employees who are qualified for a vacant or newly created position who are on layoff from that classification. Qualified is defined as meeting the minimum requirements for the vacant or newly created position.
D. In the event of a reduction in the work hours of an employee, the employee may claim seniority over another employee in the same classification for the purpose of maintaining his/her normal work schedule provided he/she has greater seniority than the employee he/she seeks to replace. The employee replaced shall be the least senior employee with sufficient hours in the classification.
E. A laid-off Employee shall upon application, and at his/her option, be granted priority status on the substitute list for his/her classification according to his/her seniority.
F. Laid off Employees shall be recalled in reverse order of layoff to positions for which they are qualified in the classification from which they were laid off firstor in classifications in which they have seniority. Authorized leaves Qualified is defined as meeting the minimum requirements for the position.
G. Notices of absence do not constitute an interruption in continuous servicerecall shall be sent by certified or registered mail to the last known address as shown on the Employee's records. In The recall notice shall state the case of identical seniority, order of hire will prevail as evidenced by adoption of time and date on which the Employee is to report back to work. It shall be the Employee's responsibility to keep the Board Resolution notified as to his/her current mailing address. A recalled Employee shall be given at least five (5) calendar days from receipt of employmentnotice, excluding Saturdays and Sundays, to report to work. The Board may fill the position on a temporary basis until the recalled Employee can report for work providing the Employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. If an employee declines recall or fails to report with the aforementioned time limits, this shall constitute his/her resignation from employment and forfeiture of his/her seniority and employment rights.
1.1.3 The following classifications H. A laid off Employee shall be used for the purpose of defining classification seniority lose all recall rights in the event he/she is not recalled within one (1) year from the effective date of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:.
Appears in 1 contract
Sources: Custodial Group Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce A. A layoff is defined as the number elimination of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementsposition, the following procedure shall govern such layoff:
1.1.1 The number of people affected by permanent reduction in hours of a full-time position, or the force permanent reduction in hours of a part-time position for more than two (2) hours per day. All layoff decisions will be kept finalized by the Board. Whenever the Board determines that a layoff is necessary, notification will be given to a minimum by not employing replacements insofar the Association. As soon as practical for employees who resignpracticable, retirebut at least thirty (30) days prior to effective date of layoff, or otherwise vacate a positionnotice will be given to the affected classified bargaining unit members of their layoff.
1.1.2 Whenever it becomes necessary to B. Layoff of classified bargaining unit members will be based upon seniority and documented job performance, and such layoff employees within a classification for reasons as stated above, affected employees will occur by classification. Seniority shall be laid off according to defined as the total length of service of a classified employee within the district-wide . All authorized paid leave will be counted toward seniority, with the least senior employee laid off first. Authorized : unpaid leaves of absence do will not constitute an interruption in continuous service. In the case of identical be counted towards seniority, order but will not break seniority. Classified employees who are laid off and subsequently rehired shall retain cumulative seniority, but not necessarily classification seniority, for all periods worked except for the period of hire will prevail as evidenced by adoption of the Board Resolution of employmentlayoff.
1.1.3 The following classifications shall C. Laid-off employees will not be used paid any salary or benefits during the period of layoff A laid-off employee may, at his/her own expenses continue insurance coverage and will be provided notification of their insurance rights by the District through COBRA.
D. A laid-off bargaining unit member who previously worked in a different position for the purpose District (within the definition of defining seniority in subsection B herein) may "bump" a bargaining unit member in the other position as long as two conditions are met:
I. The laid-off bargaining unit member has greater classification seniority in than the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention person to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:be "bumped;" and
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees A. Employees shall be laid off or recalled according to district-wide their bargaining unit seniority, those with the least senior employee seniority to be laid off first. Authorized leaves For employees in maintenance, grounds and shipping/receiving classifications, classification seniority shall be the seniority taken into consideration during layoff and recall.
B. An Employee scheduled to be laid off has the right to be administratively placed in a position for which he/she is qualified as specified below:
1. If the Employee scheduled for layoff possesses sufficient seniority, he/she shall first be assigned to displace the least senior Employee in the same pay classification for which he/she is qualified.
2. If displacement cannot occur within the same pay classification, the Employee, if he/she possesses sufficient seniority, shall be assigned to displace the least senior Employee in the next lower pay classification for which the Employee is qualified. Example 1: Employee A in General Maintenance has 10,000 hours within this job classification and 20,000 hours in positions within the bargaining unit. Employee B has 12,000 hours in the bargaining unit, all within this classification. A General Maintenance position is eliminated. Employee B remains in the General Maintenance position and Employee A has 20,000 hours of absence do not constitute seniority accrued to be administratively placed into a custodial position. Example 2: Employee C is a Navigator Head Custodian with 20,000 hours in this classification and 10,000 hours as a Custodian (a total of 30,000 hours in the bargaining unit). This position is eliminated. Employee C has 30,000 hours of seniority and can be administratively placed into the next lower pay classification (Elementary Head Custodian) and displace Employee D who has 25,000 hours as an interruption Elementary Head Custodian. Employee D then can be administratively placed in continuous service. In a Custodian position displacing the least senior Custodian.
C. An Employee shall be given 21 calendar days’ notice of intended layoff except in the case of identical an emergency (i.e., natural disaster, employee work stoppage, etc.) whereby a one (1) day notice shall be required.
D. Employees shall be recalled on the basis of seniority, order ; those with the most seniority shall be recalled first to a vacant position for which they are qualified. Recall rights shall be maintained for two (2) years from the effective date of hire will prevail as evidenced layoff. Recall notice shall be sent by adoption certified mail to the address on file with the Personnel Office. Employees who fail to report to work within ten (10) days of the Board Resolution date of employment.
1.1.3 The following classifications the sending of the recall notice, unless an extension is granted in writing, shall be used for considered as a voluntary quit regardless of the purpose of defining classification seniority in recalled to, and shall thereby terminate his/her employment relationship with the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:Employer.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number 28.01 Layoff means an employee whose hours of employees in a job classification due to abolishment work have been eliminated or reduced because of positions, lack of workwork or because of the discontinuance of a function. The application of all layoff provisions shall be restricted to the school district in which the layoff occurs. The provisions of Article 28 shall only apply to full-time and part-time permanent employees who have successfully completed their initial probationary period. Notwithstanding 28.02, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction where layoffs occur in the force will be kept to a minimum by not employing replacements insofar as practical for Bargaining Unit, casual, temporary, and probationary employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees have not yet completed their initial probation period shall be laid off according first, in that order.
28.02 In the event of a layoff and where qualifications, skills and ability are equal, layoff shall be in reverse order of seniority within the classification series. Seniority as of the date of notice of layoff will be applied.
28.03 Except in cases of emergency, layoffs will only take place after the Union and employees have been notified. The Union and Employer shall meet to discuss relevant matters concerning the impending layoff. This meeting should take place prior to implementation of layoffs. Affected employees and the Union will be given a minimum of thirty (30) days’ notice of the layoff. Where less than thirty (30) calendar days’ notice is given, the employees shall be paid for any days he/she would have been scheduled to work during such thirty (30) day period. Layoff Procedure
28.04 The Employer will determine the position(s) to be eliminated in a district-wide seniority, with . The employee(s) in the position(s) affected shall be given a notice of elimination of their position(s) and shall be entitled to one (1) of the following options within the school district:
(a) displace the least senior employee laid off firstin the same classification within the district; or
(b) displace the least senior employee in the lower classification within the district; or
(c) agree to layoff.
28.05 An employee displaced by 28.04 (a) shall have the option of 28.04 (b) or 28.04(c).
28.06 Employees shall exercise their options under this Article within forty-eight (48) hours of notice of layoff, excluding weekends and holidays. Authorized leaves The Employer may extend the above notice period from forty-eight (48) hours to seventy-two (72) hours. Such notice and options shall be communicated to the employee in writing at the commencement of absence the 48-hour period.
28.07 Any displacement under this Article is conditional upon:
(a) the displacing employee having the necessary qualifications, skills and ability to do not constitute an interruption the job, and
(b) the displacing employee having greater seniority than the displaced employee.
28.08 In all cases of displacement, reference to the least senior employee shall mean:
(a) in continuous service. In the case of identical senioritya full-time displacing employee, order of hire will prevail as evidenced by adoption of at her option, either the Board Resolution of employmentleast senior full-time employee or the least senior part-time employee.
1.1.3 The following classifications shall be used for (b) in the purpose case of defining classification seniority in a part-time displacing employee, the least senior part-time employee. Recall
28.09 In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenancerecall, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee employees shall be recalled in order of seniority within the Bargaining Unit to positions for which they have the necessary qualifications, skills and ability within the school district from which they have been laid off under or to any school district they have designated in writing at the above procedure may exercise the bumping rights in this sectiontime of layoff. Employees must notify will not be recalled to a higher classification than that in which they were classified at the Superintendent time of layoff.
28.10 Recall rights will lapse if the layoff lasts more than twelve (12) consecutive months without recall to a regular full-time or part-time position. Subject to Article 28.09, no new employee will be hired until all employees on layoff have been offered a first refusal of the position or positions vacant for which they have the necessary qualifications, skills, and ability.
28.11 A full-time employee may be recalled to a full-time or part-time position. If recalled to a part-time position, the former full-time employee shall retain his/her recall rights to a full-time position within the school district from which they have been laid off and school districts they have designated in writing at the time of layoff but not to exceed the original 12-month recall period. Refusal of a full-time employee to accept recall to a part-time position will not result in loss of recall rights.
28.12 A part-time employee may be recalled to a part-time position within the school district from which they have been laid off or to any school district they have designated in writing at the time of layoff. A laid off part-time employee can only access a full-time position through the posting process under Article 20.
28.13 An employee will indicate in writing within 5 work days forty-eight (48) hours excluding weekends and holidays whether she accepts or declines the recall offer. An employee who accepts a recall shall return to the service of their intention the school district to exercise one’s bumping rightwhich they have been recalled within two (2) weeks of notice of recall or forfeit all recall rights. Bumping rights In all cases the offer of recall shall entitle qualified (as defined be confirmed in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:writing.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary A. All bargaining unit members shall be considered as probationary until they have successfully completed the sixty (60) calendar day probationary period. Seniority for all bargaining unit members shall be defined as length of service within the district as of each bargaining unit member's first working day. However, seniority shall not be vested until the end of the probationary period even though seniority shall be the primary factor for all layoffs, probationary and permanent alike.
B. After serving the probationary period, the employee shall not serve another probationary period when moving to reduce a new position on a voluntary basis. In such a move there will be a trial period. This trial period shall not be longer than 45 working days. At any time between the number of employees 30th working day and the 45th working day, either the supervisor or the bargaining unit member may choose to return the bargaining unit member to the previous position. By mutual agreement the employee and the supervisor may elect to adjust the time periods above.
C. Seniority shall be by classification groups. An employee in a higher classification shall accrue seniority in all lower classifications for which the employee is qualified. When an employee is promoted to a higher job category, she takes with her all seniority earned in all lower categories, but is prohibited from exercising it in the higher category for a period of one year.
D. If two or more employees are hired on the same day, the employee's last four (4) digits of their social security number shall be totaled to determine the highest sum. The employee with the highest sum shall have the higher seniority ranking. If there is still a tie, it will be broken through a lottery. Placement due to the tie breaker shall not be changed.
E. The employer shall furnish a copy of the seniority list to the union and said list shall be posted in each bargaining unit workplace. Said seniority list shall show the classification seniority of each bargaining unit member, and shall be posted once by December 1. It shall be the responsibility of each bargaining unit member to promptly check the seniority list for accuracy. If a bargaining unit member or the union does not believe that the seniority, and/or classification is correctly shown on the list, the Personnel Director shall be notified, in writing, of the alleged error within ten (10) working days of the list's final day of posting. If no challenges are raised during the above period, the seniority list shall be deemed to be accurate. After this period, the seniority list shall be frozen until reposted the next December 1. The employer shall incur no liability for relying on the seniority list once the challenge period has ended.
F. During a reduction in the work force, the employee(s) occupying the position(s) to be eliminated will be laid off.
1. The employee whose position is being eliminated or reduced may bump laterally the person with the lowest seniority in that classification.
2. If the displaced employee cannot bump laterally (as provided in 1 above) the employee may go to the next lower class and bump the lowest in seniority or succeeding lower classes if necessary.
3. Such employees displaced by this process shall be able to exercise the same rights as described above. Any employee being moved down to a lower classification due to abolishment of positions, lack of work, a lay off will retain the right to return to duty that higher classification for a period of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionone year.
1.1.2 Whenever it becomes necessary 4. An employee exercising her seniority rights over a less senior employee may elect to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with bump either the least senior employee laid in her own work year category; i.e., 10- month, 11-month, or 12-month, or she may elect to bump the least senior employee in the other work year category. Part time status will be equal to full time status for purpose of lay off first. Authorized leaves of absence do not constitute an interruption in continuous serviceand recall process.
5. In the case event the bargaining unit member has insufficient seniority to retain a position, the bargaining unit member will be laid off from employment with the school district.
6. Bargaining unit members scheduled for layoff for an indefinite period of identical senioritytime shall be given fourteen (14) calendar days’ written notice before said layoff shall be effectuated. Said notice shall be by certified mail, return receipt requested. It shall be the responsibility of the bargaining unit member to leave the correct address and/or forwarding address with the Personnel Office.
G. Recall shall be in inverse order of hire will prevail layoff provided the bargaining unit member recalled has the necessary seniority. Notice of recall shall be by certified mail, return receipt requested. The bargaining unit member shall have fourteen (14) days to report for work after the receipt of such notice.
H. Seniority shall continue to accrue during layoff but shall not increase by more than six (6) months while on actual layoff, and in no instance shall seniority accrued during layoff exceed seniority accrued prior to layoff. Bargaining unit members shall accrue seniority during leaves specified as evidenced by adoption seniority accruing leaves in Article IX, Section 9 of the Board Resolution of employmentAgreement.
1.1.3 The following classifications I. Seniority shall be used broken for the purpose of defining classification seniority in the event of layofffollowing reasons:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. 1.1 If it becomes necessary An employee in receipt of notice of layoff pursuant to reduce may: accept the number layoff; or opt to receive a separation allowance as outlined in Article 2; or opt to retire, if eligible under the terms of employees the Hospitals of Ontario Pension Plan as outlined in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing Article or displace another employee who has lesser bargaining unit seniority in the same or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction lower or an identical-paying classification in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within fifteen (15%) per cent of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a classification for reasons as stated layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above, affected employees . No full-time employee within the bargaining unit shall be laid off according by reason of duties being assigned to districtone or more part-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employmenttime employees.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary Section 14.01
(a) The Company shall determine the necessity for and extent of any work force reduction and the Company will provide the Union and the employees affected with advance notification prior to reduce the number of employees layoff. The procedures set forth in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure this Article shall govern such layoffbe applied:
1.1.1 The number of people affected by reduction in 1. Seniority as used herein shall mean net credited service with the force Company and is defined as the System Service Date reflected on the employee’s official Company records. Employees wishing to volunteer for layoff will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionselected in descending order of seniority.
1.1.2 Whenever it becomes necessary to layoff 2. Temporary and occasional employees within a classification for reasons as stated above, affected employees shall will be laid off according first.
3. Work force reductions will be by job classifications and by inverse order of seniority.
4. An employee who is designated for layoff may request a transfer to district-wide seniorityanother job classification within the bargaining unit provided that all of the following qualifications are met:
(a) The job is vacant and at the Company’s option will be filled or the incumbent employee has less company service than the transferring employee.
(b) Transfers may only occur on a lateral or downward basis as determined by the wage schedules of the job classifications as listed in Schedule A.
(c) The transferring employee can perform, with in the judgment of the Company, the basic requirements for competence in the job.
(d) In all cases the most senior employee requesting a transfer must displace the least senior employee laid off firstin the job classification to which he/she is requesting transfer.
5. Authorized leaves Employees affected by a work force reduction, who elect not to transfer, shall be separated without loss of absence do not constitute an interruption recall rights or severance pay.
6. Employees requesting a transfer in continuous serviceorder to avoid a work force reduction must provide written notification of their intent to the Company within five (5) calendar days following the work force reduction notification. In Management shall review their request to determine compliance with Section 14.01 and shall advise the case of identical seniority, order of hire will prevail as evidenced by adoption employee of the Board Resolution status of employment.
1.1.3 The their transfer request within five (5) calendar days following classifications shall be used receipt of the request for transfer. Employees not complying with these time frames or not electing to transfer, may not elect to transfer after the purpose expiration of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian five (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights 5) calendar day decision period specified in this section.
7. Employees must notify A regular full-time employee who is laid off will receive severance pay according to the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified following schedule:
(as defined in Article X, Section 1.1.1a) employee whose contract has been suspended on account of a reduction in force to displace an An employee with five (5) or less seniority in:years of service will receive one week’s pay for each year of service.
(b) An employee with more than five (5) but not more than ten (10) years of service will receive five (5) weeks’ pay plus two (2) weeks’ pay for each completed year of service after the fifth year.
(c) An employee with more than ten (10) years of service will receive fifteen (15) weeks’ pay plus three (3) weeks’ pay for each completed year of service after the tenth year, provided that in no event shall the severance allowance exceed fifty-two
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If A. Seniority shall be determined by a reference to the length of continuous employment within the bargaining unit.
B. On October 1 of each year, a complete list of all personnel in the bargaining unit shall be provided to the Union President. The list shall be by seniority from most senior to least senior.
C. When in the judgment of the Board of Education, it becomes necessary to reduce eliminate positions in the number bargaining unit, the administration will recommend the specific positions to be eliminated and personnel to be terminated and, subject to concurrence by the Board, the Director of employees Finance and Operations shall notify each individual so involved in writing. An employee scheduled for layoff shall be given no less than two (2) weeks notice or the equivalent in wages.
D. Layoff shall be based on reverse order of seniority within the following two classification schedules:
1. Secretary I, Secretary II, Secretary III, Secretary IV
2. Bookkeeper I, Payroll Budget Grants Coordinator, Bookkeeper II
E. An employee holding a job classification position scheduled for elimination or bumping due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with may bump the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption within his/her classification or the least senior employee in continuous service. In a lower classification within the case of identical seniority, order of hire will prevail as evidenced by adoption same classification schedule subject to the condition that the bumping employee can perform the duties of the Board Resolution of employment.
1.1.3 The following classifications shall be used employee being bumped as determined by the Superintendent or the Superintendent’s designee. As listed above under D, each job title represents a separate classification for the purpose of defining classification seniority the article. The classifications within each schedule are listed in order, from highest to lowest classification. Notwithstanding the above, a Bookkeeper II may bump the least senior Secretary IV.
F. The laid off individual's name shall be placed on a recall list for a period of one (1) year subject to recall in the event order of layoff:
A. Account Clerk
B. Busseniority (from highest to lowest) and shall have the right to be recalled to the classification from which he/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenanceshe was laid off, Custodian Iif the position should become vacant or be reinstated, Groundskeeper/Custodianor to a position in a lower classification. The choice of employees to be rehired shall be based upon seniority, Custodian IIprovided the employee can, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under judgment of the above procedure may exercise Director of Finance and Operation, satisfactorily perform the bumping rights work available. Subject to the provisions set forth in this section, a Bookkeeper II may be recalled to a vacant Secretary IV position.
G. No person shall be newly employed in a classification that includes an individual on the recall list until all persons on the recall list in that classification have been notified by certified mail sent to the individual's last known address and such individuals either are offered employment, or decline such re-employment offer. Employees must It shall be the laid off individual's responsibility to notify the Superintendent Director of Finance and Operations of his/her current address. An individual who declines an offer of re-employment shall forfeit recall rights. Failure to respond in writing to a notice of an opening within 5 ten (10) working days after the mailing thereof shall be deemed to be refusal to accept re- employment. Returning individuals must return to work within twenty-one (21) calendar days from the date of their intention the mailing of the notification, or when the position becomes available, whichever occurs last. A failure to exercise one’s bumping right. Bumping rights return to work within this twenty-one (21) day period shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of be deemed a reduction in force refusal to displace an employee with less seniority in:accept employment.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce A. In the number event of employees a decrease in a job classification the need for services of personnel due to abolishment of positions, lack of work, funds or lack of work or the return to duty of regular employees an employee from a leave of absence, building closing the length of service to the district shall prevail for purposes of layoffs or a projected deficit subsequent recall in financial resources as substantiated by current financial statements, the following procedure reverse order. Seniority shall govern such layoffbe defined as:
1.1.1 a. District seniority shall be defined as the length of continuous employment by an employee with the Board as computed from the employee’s most recent date of hire.
b. Job classification seniority shall be defined as the length of employment by an employee in a particular job classification.
c. Ties in seniority shall be determined by using the employee’s last four digits of their social security number, highest number equals highest seniority.
B. The following job classifications shall be used for the purpose of defining job classification seniority in the event of a layoff: Aides ▇▇▇▇ Administrative Assistant Custodians Bus Driver/Van Driver Head Mechanic Computer Coordinator Mechanic’s Helper
C. The number of people affected by reduction in the force a layoff will be kept to a minimum by not employing replacements insofar as practical for of employees who resign, retire, or otherwise vacate a position.
1.1.2 D. The Board of Education shall determine in which classification the layoff should occur and the number of employees to be laid off. In the classifications of layoff, employees on probation and limited contracts shall be laid off before any employee in that classification employed under a continuing contract is laid off.
E. Each employee to be laid off shall be given at least ten (10) work days advance written notice of the layoff. Each notice of layoff shall state the following:
a. Reasons for layoff
b. Effective date of layoff
c. A statement advising the employee of their bumping and recall rights from the layoff.
d. Brief list of jobs available for bumping.
F. Whenever it becomes necessary to layoff lay off employees within a classification for by reasons as stated above, affected employees shall be laid off according to district-wide seniorityseniority within their job classification, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In The employee shall, prior to being laid off, have the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention option to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace bump an employee with less seniority in:and with equal or lesser hours in his/her job classification. Bargaining unit members must hold all necessary qualifications according to the job description prior to bumping into the position.
G. If said employee has exhausted all bumping rights within their current classification and/or is displaced from their current classification said employee may displace a less senior employee within any classification in which he/she was previously employed with the understanding that the employee holds the necessary qualifications according to the job description prior to bumping into the position. The displacing employee’s seniority in the classification must exceed the seniority in the classification of the employee displaced and the position is equal or lesser hours. The employee shall have three (3) working days from the date on which the notice is sent in which to notify the Superintendent whether he or she will bump into a particular job. Resulting bumps shall be handled in the same manner. All bumping shall be done on paper before any employee is moved into his/her new position.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce 24.1: Whenever the number of employees in University determines a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the work force is necessary, the University shall determine the classification or classifications in which the layoff or layoffs will be kept occur and the numbers of employees to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, within each classification.
24.2: Layoffs shall be based upon date of appointment in the classification beginning with the least senior employee employees with the most recent date of full-time appointment in the classification in which the layoffs are occurring. Each employee's official personnel file in the office of Human Resources shall be the sole basis for determining his/her appointment dates.
24.3: If a University Police Officer 2 or a University Dispatcher 2 is to be laid off first. Authorized leaves of absence do not constitute an interruption off, he/she may bump respectively a University Police Officer 1 or a University Dispatcher 1 if he/she has served at the University in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption lower classification and he/she was appointed to the lower classification at the University prior to a member of the Board Resolution bargaining unit who at the time of employmentlayoff is serving in the lower classification.
1.1.3 24.4: The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit University agrees that before any bargaining unit members are laid off under this Article, the above procedure may exercise University will first stop scheduling all students and intermittent employees employed by the bumping rights YSU Police Department to perform the same or similar duties as bargaining unit members. Additionally, the YSU Police Department shall not schedule said students or intermittent employees while bargaining unit members are laid off.
24.5: On the next pay day following an employee's effective date of layoff, he/she can be paid regular and overtime pay due, compensatory time due and accrued and unused vacation time.
24.6: The office of Human Resources shall notify each employee of his/her layoff and, if available, displacement rights, at least thirty (30) days prior to the effective date of his/her layoff.
24.7: The office of Human Resources will prepare and have available for inspection a list of laid-off employees who are available for recall in this sectioneach classification involving layoffs. The list will be arranged in descending order with the laid-off employee with the earliest date of full-time appointment beginning the list. Employees must notify will be recalled in a descending order from the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an list beginning with the employee with less seniority in:the earliest date of full-time appointment. The list for each laid-off classification shall be active for twelve (12) months.
24.8: The University will not hire new employees to perform bargaining unit duties while one or more employees who performed their duties previously are in active layoff status.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes A. Layoff shall be defined as a necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the work force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionbeyond normal attrition.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees B. No employee shall be laid off according pursuant to district-wide senioritya necessary reduction in the work force unless said employee shall have been notified of said layoff at least fifteen (15) work days prior to the effective date of the layoff. The layoff notification does not apply where the layoff is due to an unanticipated occurrence, with such as an emergency.
C. In the event of a necessary reduction in work force, the Board shall layoff on a classification by classification basis. The Board shall first layoff probationary employees in the classification, then the least senior employees within the classification. In no case shall a new employee be employed by the Board in a classification while there are employees who are qualified for a vacant or newly created position who are on layoff from that classification. Qualified is defined as meeting the minimum requirements for the vacant or newly created position.
D. In the event of a reduction in the work hours of an employee, the employee may claim seniority over another employee in the same classification for the purpose of maintaining his/her normal work schedule provided he/she has greater seniority than the employee he/she seeks to replace. The employee replaced shall be the least senior employee with sufficient hours in the classification.
E. A laid-off employee shall upon application, and at his/her option, be granted priority status on the substitute list for his/her classification according to his/her seniority.
F. Laid off Employees shall be recalled in reverse order of layoff to positions for which they are qualified in the classification from which they were laid off firstor in classifications in which they have seniority. Authorized leaves Qualified is defined as meeting the minimum requirements for the position.
G. Notices of absence do not constitute an interruption in continuous servicerecall shall be sent by certified or registered mail to the last known address as shown on the employee’s records. In The recall notice shall state the case of identical seniority, order of hire will prevail as evidenced by adoption of time and date on which the employee is to report back to work. It shall be the employee’s responsibility to keep the Board Resolution notified as to his/her current mailing address. A recalled employee shall be given at least five (5) calendar days from receipt of employmentnotice, excluding Saturdays and Sundays, to report to work. The Board may fill the position on a temporary basis until the recalled employee can report for work providing the employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. If an employee declines recall or fails to report within the aforementioned time limits, this shall constitute his/her resignation from employment and forfeiture of his/her seniority and employment rights.
1.1.3 The following classifications H. A laid off employee shall be used for the purpose of defining classification seniority lose all recall rights in the event he/she is not recalled within one (1) year from the effective date of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:.
Appears in 1 contract
Sources: Secretarial Group Agreement
Layoff and Recall. 1.1 If it Section 1 – Layoff becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of funds or lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the . The following procedure shall govern such layoff:
1.1.1 A. The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 B. Whenever it becomes necessary to layoff lay off employees within a classification for by reasons as stated above, affected employees shall be laid off according to district-wide seniorityseniority within the classification, with the least senior employee laid off first. Seniority shall be defined as the uninterrupted length of continuous service with the Board in a particular job classification computed from the latest date of appointment to the present classification. Authorized leaves of absence absence, except for maternity leave without pay, do not no constitute a year of service for seniority purposes. The employee with the least seniority within a job classification, has the right to displace any employee with less overall continuous seniority in the affected job classification series, who is an interruption any lower paying job classification in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employmentdisplacing employee's same classification series.
1.1.3 C. The following classifications classification shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk1. ▇▇▇▇, Food Service Coordinator
B. Bus/Pupil/Staff Support Aide/Inventory Aide2. Custodian, Head Custodian
C. 3. Elementary School Secretary, Secondary School Secretary
4. Aides, Clerical Aides
5. Direct Service Aides
6. Maintenance I, Maintenance II
7. Transportation Specialist
8. Mechanic, Head Bus DriverMechanic
D. Bus DriverThe Board shall determine in which classifications the layoff shall occur and the number of employees to be laid off.
E. Head Cook/Cashier/ Cafeteria Staff Fourteen days prior to the effective date of layoffs, the Board shall prepare and post for inspection in a conspicuous place, a list containing the names, seniority dates and classifications and indicate which employees are to be laid off. Each employee to be laid off shall be given advance written notice of the layoff. Each notice of layoff shall state the following:
1. Reasons for the layoff or reduction.
2. The effective date of layoff.
3. A copy of the layoff and recall provisions of this Contract.
F. Educational Aide/Library Aide For the classification in which layoffs occur, the Board shall prepare a reinstatement list and the name of all employees who have been laid off shall be placed on a reinstatement list in the reverse order of layoff. Reinstatement shall be made from the list before any new employees are hired in that classification.
G. Head Mechanic/Vehicle Maintenance Vacancies which occur in the classification of layoff shall be offered to and accepted within seven (7) days of receipt of notice by the employee standing highest on the layoff list. Any employee who declines reinstatement or fails to respond within seven (7) days of receipt of notice of recall shall be removed from the reinstatement list.
H. Health AideThe notice of recall shall be made by certified mail to the last address on file with the Superintendent. If the notice is refused, unclaimed or not deliverable, the employee will be deemed to have declined reinstatement seven (7) days after postal delivery by certified mail was attempted.
I. MaintenanceThe employee's name shall remain on the appropriate list for a period of two (2) years from the effective date of layoff. If reinstated from layoff during this period, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any such employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:retain all previously accumulated seniority.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce In the number event of employees in a job classification due to abolishment proposed layoff of positions, lack of work, return to duty of regular employees from a leave of absence, building closing permanent or a projected deficit in financial resources as substantiated by current financial statementslong-term nature, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction Home will provide the Union with at least eight (8) weeks notice. This notice is not in the force will be kept to a minimum by not employing replacements insofar as practical additionto required notice for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous serviceindividual employees. In the case event of identical senioritya layoff of a permanent or long-term nature, order of hire the Home will prevail provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than Iyears I weeks notice if her service is greater than years weeks notice In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenancelay-off, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee the Employer shall first lay-off employees in the Bargaining Unit reverse order of their seniority within their classification, provided that there remain on the job employees who have the skills to perform the work. An employee who is subject to lay-off shall have the right to either: accept the lay-off; or first bump an employee with less bargaining unit seniority within his or her bargaining unit (full-time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can performthe duties of the lower or identical paying classification without training other than orientation. Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of lay off at the outset of the process. An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off under employee is within one percent (1 of the above procedure laid off employees straight time hourly wage rate. Inthe event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may exercise bump a less senior employee with greater regularly scheduled hours within of the bumping rights laid off employee’s regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full- time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. In the event that there are no employees in this section. Employees must notify the Superintendent either lesser seniority in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (lower or identical paying classifications as defined in Article Xthis article, Section 1.1.1) a laid-off employee whose contract has been suspended on account of a reduction in force will have the right to displace an employee with less seniority in:seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee’s straight time hourly rate provided he or she is qualified for and c the duties without training other than orientation. The decision of the employee to choose or above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary 12.1: When a layoff is determined to reduce the number of employees in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statementsbe necessary, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction least senior employee(s) in the force will classification shall be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionlaid-off in accordance with all the following safe guards and conditions.
1.1.2 Whenever it becomes necessary to layoff 12.2: Temporary and newly hired employees within a classification for reasons as stated above, affected employees on orientation status shall be laid off according first to district-wide seniority, with the extent necessary to accomplish the need of the County and within the classification affected by layoff.
12.3: An employee subject to layoff shall be entitled to displace the least senior employee in a classification of equal compensation or the most immediately less paying classification provided the employee subject to layoff has more seniority than the employee in the affected classification and the displacing employee is qualified and capable of performing the work. The displaced employee shall be considered an employee subject to layoff and entitled to displacement rights as such. The employee who displaces a less senior employee shall be required to satisfactorily complete a one hundred and thirty (130) work day trial period or be laid off firstand the displaced employee recalled.
12.4: When a recall is necessary, the most senior employee shall be recalled to the position formerly held. Authorized leaves of absence do not constitute an interruption Recall notice shall be made by written notice sent by certified mail with return receipt requested.
12.5: Failure to report to work on the day scheduled to return from layoff shall result in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution termination of employment.
1.1.3 12.6: A refusal to accept a suitable offer to return to work shall result in termination of employment. A suitable offer of work shall not be at a reduced rate of pay or hours of work.
12.7: Employees not recalled to work within one (1) year from the date of layoff shall have their employment terminated and shall have no recall rights.
12.8: Employees may elect to withdraw all their retirement contributions upon layoff, provided the layoff is deemed permanent by the supervisor or when recall rights have elapsed as provided in 12.7. The following classifications shall withdrawal of retirement contributions cancels all retirement benefit rights and privileges. Retirement contributions may be used for repaid after recall or rehire as provided by the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. St. Clair County Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:Retirement plan.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If When it becomes necessary to reduce the number working force of employees, seniority will prevail so long as it does not prevent the Company from maintaining a working force of employees who possess the skill, ability, and physical fitness to capably perform the work which is available and are willing to do such work at the scheduled rate for the job. In such cases where an employee with seniority accepts a lower rated job rather than be laid off, his regular rate will be protected for a period of thirty working days. Short time operations is not considered layoff for purposes operation shall be defined as any hours. of this article. Short time day of work of less than 8 A more senior employee may choose to take a layoff instead of a junior employee, if the senior employee so requests. The agreement to go out of seniority by this employee must be by mutual agreement between the Company and the employee. The employee shall have normal recall rights but may not bump another employee even if the layoff is extended. The Company shall notify the Union and those employees affected by any layoff, of such layoff, at least 5 working days in a job classification due advance of such layoff or pay to abolishment those employees an amount in lieu thereof. This section shall not apply to layoffs of positionsless than 5 working days duration. Laid off personnel will be recalled from layoff on the basis of seniority provided those recalled possess the skill, lack of workability, return experience and physical fitness to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated capably perform the work which is available. Recall will be made by current financial statementstelephone and if this means is unsuccessful, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force employee will be kept advised by telegram or registered letter at the last address he made known to a minimum by not employing replacements insofar as practical for employees the Company. An employee with three or more year's seniority who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be is laid off according to districtfor a period in excess of twenty-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace four months or an employee with less than three years' seniority, who is laid off for the lesser of twelve months or a period equal to his seniority in:of an employee who fails to report from lay off when recalled, will have his seniority standing cancelled and his name removed from the employment records of the Company. It is the responsibility of the employee to keep the Company informed at all times as to his current address and nearest telephone number.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary An employee who is subject to reduce layoff shall have the number of employees right to either: accept the layoff; or displace an employee who has the least bargaining unit seniority in a job lower or equal paying classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit displace an employee who has the least bargaining unit seniority in financial resources as substantiated by current financial statements, an identical classification in any department if the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary employee originally subject to layoff employees within a can perform the duties of the lower or identical classification for reasons as stated above, affected employees without training other than orientation. Such employee so displaced shall be laid off according subject to district-wide his or her rights under this section. In the event that there are no employees with lesser seniority in lower or equal paying laid off employee will have the right to displace anemployee with lesser seniority, with who is the least senior employee in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off firstemployee is within of the laid off employee's straight time hourly rate provided he can perform the duties without training other than orientation period of no more than five working days; opt to receive a separation allowance as outlined Article (a) and ; or opt to retire, if eligible under the terms of the Hospital of Ontario Pension Plan as outlined in Article order of seniority, provided he has the ability to perform the work. Authorized leaves of absence do NOTE : vacant position is a position for which the posting process has been completed including temporary vacancies and no successful applicant has been appointed. Notwithstanding the above, employees on layoff will be permitted to apply for vacant positions. Employees shall be given the opportunity to be recalled to a position in the same classification from which they were laid off. Employees may also be recalled to a position within another classification, however, an employee shall not constitute an interruption in continuous servicebe required to accept such recall and may instead remain on lay off. In determining the case ability of identical seniorityan employee to perform the work for the purposes of Articles and above, order the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he was laid off shall have the privilege of hire will prevail as evidenced by adoption returning to the position he held prior to the layoff should it become vacant within six ( 6 ) months of the Board Resolution of employment.
1.1.3 The following classifications being recalled. No new employees shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit hired until all those laid off under the above procedure may exercise the bumping rights in this section. Employees must have been given an opportunity to return to work and have failed to notify the Superintendent in writing within 5 work days Hospital of their intention to exercise one’s bumping rightdo so, in accordance with below, or have been found unable to perform the work available. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) It is the sole responsibility of the employee whose contract who has been suspended laid off to notify the Hospital of his intention to return to work within five (5) working days (exclusive of Saturdays, Sundays and paid holidays) after being notified to do so by registered mail, addressed to the last address on account record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified. The notification shall state the job to which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Where the employee fails to notify the Hospital of his intention to return to work in accordance with the provisions of Article he lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced. A laid off employee shall the rights of recall for a period of (24) months the date of layoff Any agreement reached between the Hospital and the the method of implementing layoffs will take precedence over other terms of layoff in the Agreement. In the event of a reduction layoff of a full-time employee, the Hospital shall pay its share of insured benefits premiums up to the (3) months from the end of the month in force to displace which the lay-off occurs or until the laid off employee is employed elsewhere, which ever occurs first Technological Change means the automation of equipment, or the mechanization or automation of operations, or the replacement of existing equipment or machinery with new equipment or machinery which results in the displacement of an employee from job. Where the Hospital has decided to introduce a technological change which will significantly alter the status of an employee within the bargaining unit, the Hospital undertakes to meet with less seniority in:the Union to consider the minimizing of adverse effects (if any) upon the employees concerned. Where new or greater skills are required than are already possessed by affected employees under the present methods of operation, such employees shall be given a period of training, with due consideration being given to the employee's age and previous educational background, during which they may perfect or acquire the skills necessitated by the new method of operation. The employer will assume the cost of tuition and travel. There shall be no in wage or salary rates during the training period of any such employee. Training shall be given during the hours of work wherever possible and may extend for up to six (6) months. Employees with one (1) or more years of continuous service who are subject to layoff under conditions referred to above, will be given notice of the impending change in employment status at the earliest reasonable time in keeping with the notification to the union as set out above and the requirements of the applicable legislation.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least six (6) weeks notice. This notice is not in addition to reduce required notice for individual employees. the number event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice her service is greater than years weeks notice Lay-off Procedure In the event of lay-off, the Employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work. accept the lay-off; or first bump an employee with less bargaining unit seniority within or her bargaining unit (full- time or part-time) in a job lower or identical paying classification due to abolishment for which they are qualified, as required by law and can perform the duties of positions, lack of work, return to duty of regular employees from a leave of absence, building closing the lower or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force identical paying classification without training other than orientation. bumping will be kept allowed with the understanding that an employee subject to a minimum by not employing replacements insofar as practical for layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. Consistent with the opportunity to chain all employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary are potentially impacted will be given notice of lay off at the outset of the process. An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to layoff employees within a classification for reasons as stated above, affected employees shall be that of the laid off according to district-wide seniority, with employee is within one percent (1%) of the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous serviceemployee’s straight time hourly wage rate. In the case of identical seniorityevent that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, order of hire will prevail as evidenced by adoption or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within of the Board Resolution of employment.
1.1.3 The following classifications shall laid off employee’s regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be used for merged and the purpose of defining classification laid off employee may bump into the other bargaining unit. the event that there are no employees in either bargaining unit with lesser seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (lower or identical paying classifications as defined in Article Xthis article, Section 1.1.1) a laid-off employee whose contract has been suspended on account of a reduction in force will have the right to displace an employee with less seniority in:seniority, who has scheduled hours equal to or less than the employee laid off, in classification where the straight time hourly rate at the level of service that. of the laid off employee is within five percent (5%) of the laid off employee's straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose or above shall be given writing to the Administrator within three days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 A. If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of funds, or lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:.
1.1.1 B. The number of people affected by reduction in the force will be kept to a minimum by not employing replacements replacements, insofar as practical for is practical, of employees who resign, retire, or otherwise vacate a position. The Board of Education retains the unqualified right to non‐ renew employees.
1.1.2 Whenever C. When it becomes necessary to layoff employees within a classification lay off employee for the reasons as stated above, affected employees layoffs shall be laid off according to district-wide seniority, by classification seniority with the least senior employee employees laid off first. Classification seniority shall be determined by the number of years of experience in the classification, in the School District as determined by the date of the most current hiring by the Board as a regular classified employee in that classification. In the case of identical classification seniority, the total number of years of experience in the school district, regardless of classification, will be utilized. *Seniority shall not accumulate while an employee is on suspension. Authorized leaves of absence do not constitute an interruption in continuous service. In .
D. Employees who have worked previously in another classification, and are subject to layoff, may displace another person in their previous classification(s) providing the case of identical senioritydisplacing employee has more classification seniority than the displaced employee, order of hire will prevail as evidenced by adoption and in the judgment of the Board Resolution of employment.
1.1.3 Superintendent, the individual currently possesses the necessary qualifications for the position being sought. The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head : Food Service Employees (including head cook, assistant cook, lunchroom worker, and cashier) Bus Driver
D. Bus DriverDriver Aide (instructional, library, monitors (bus aide), clerical, paraprofessional, special education, teacher assistant, attendant) Custodian Secretary District Maintenance Technology Maintenance
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. MaintenanceThe Board of Education shall determine in which classification(s) the layoff should occur and the number of people to be laid off. In the classification(s) of layoff, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employees on limited contracts shall be laid off before an employee in that classification employed under a continuing contract is laid off.
F. Twenty (20) days prior to the Bargaining Unit effective date of layoffs, the Board of Education shall prepare and post for inspection in an accessible place at the Board Office, a list containing the names, seniority dates and classifications, and indicate which employees are to be laid off. Each employee to be laid off under shall be given two (2) weeks advance written notice of the layoff. At the time of the posting, a copy of the above procedure may exercise mentioned list shall be sent to the bumping Union President.
1. Reasons for the layoff or reduction
2. The effective date of layoff.
3. Statement advising the employee of his/her rights in this section. Employees must notify of reinstatement from the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:layoff.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary 816 A layoff, as referred to above in Section A – Seniority, Accumulation and Application, is defined as an involuntary change to unpaid status of more than fourteen (14) consecutive days. A cancellation involves any reduction of a day or less of work. A short term reduction in force involves any reduction of more than one but less than 14 days. 817 For short term reductions in force, scheduled hours will be reduced or canceled in the following order in the affected department: Registry personnel. Volunteers to reduce or cancel hours. Nurses with the number of employees least bargaining unit seniority (inverse seniority) in the following group: Per diem and Temporary, Regular and Short- Hour working beyond regular schedule (extra hours or days) in that payroll week. Nurses with the least bargaining unit seniority (inverse seniority) in the following group: Regular and Short-Hour working regular scheduled hours. 818 Nurses who are involuntarily reduced shall be offered work within her/his facility that is being performed by Registered Nurse registry personnel provided such Nurse is qualified to perform the work. 819 Nurses who volunteer or are involuntarily reduced shall have the option (if applicable) to take earned vacation, a job classification due to abolishment of positionsholiday, lack of workcompensatory time, return to duty of regular employees from a or unpaid leave of absence. 820 In the event of a layoff, building closing on the request of the Association or a projected deficit in financial resources as substantiated by current financial statementsthe Employer, the following procedure Parties shall govern investigate the feasibility of a work-share arrangement among Nurses, and may, by mutual agreement, institute such a work-share arrangement. If no agreement is reached on a work-share arrangement, Nurses who are laid off shall have seniority among themselves and shall be given first preference for position vacancies in the Northern California Region provided that the Nurse is qualified to fill the vacancy. [See paragraph 4127 for effects of disciplinary actions on transfer requests.] 821 In the event the Employer implements a layoff of sixty (60) days or more, the Employer will notify and meet with the Association at their request prior to layoff to discuss the layoff and retention procedures specific to that situation. In any such layoff:
1.1.1 The number of people affected by reduction in , the force Employer will retain Patient Care Coordinator Case Managers based on their department seniority within the facility. Work will be kept reassigned by the Employer provided the Patient Care Coordinator Case Manager is qualified to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous serviceperform such work. In the case event of identical senioritya layoff, The Employer is under no obligation to reassign, orient, train, or cross-train a Staff Nurse I-IV, Home Health Nurse I-II, or Nurse Practitioner I-III to work as a Patient Care Coordinator Case Manager. 822 Laid off Nurses shall retain seniority and preference rights for: Twelve (12) months; or Until the Nurse has been placed in a permanent position of like status, classification and pay held prior to layoffs, or has opted to accept a position in a different status, classification, and/or pay; or Until the Nurse has refused recall to a position of like status, classification and pay held prior to layoff within the facility, whichever occurs first. While on layoff, the Nurse may elect per diem status without affecting her/his preference rights under this provision. 823 Whenever a Nurse is laid off, prior to the actual last day of work of such Nurse, the Employer will request that the Nurse submit a transfer request form for each facility (hospital or medical office) at which the Nurse would like to be considered for potential vacancies, should they become available after the Nurse is laid off. Laid off nurses shall be assisted in accessing ▇▇▇▇▇▇ Permanente’s available internally posted position(s), upon request, for a period of twelve (12) months after the layoff date. 824 Nurses shall be recalled in the inverse order of hire will prevail as evidenced by adoption of the Board Resolution of employmentlayoff.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary Section 1. A layoff is defined as a separation from the State service for involuntary reasons not reflecting discredit on an employee. An employee shall be given written notice of layoff at least fifteen (15) calendar days before the effective date. The Agency will explain the reasons for the layoff.
Section 2. The layoff procedure shall occur in the following manner:
A. The Agency shall determine the specific positions to reduce the number of be vacated and employees in those positions shall be notified of layoff. The Agency shall give written notice to every affected employee of his/her service credit score and his/her options under this Article. The Agency shall give the Union lists of the service credits of all employees in all affected positions. The Agency will post copies of this list on Agency bulletin boards which are accessible to employees on each worksite. Service credits determine bumping ability.
B. Temporary employees working in a job classification due in which a layoff occurs will be terminated prior to abolishment the layoff of positionsany represented employee.
C. An initial trial service employee cannot displace any regular status employee, lack but may bump other initial trial service employees with fewer service credits.
▇. ▇▇ employee receiving written notice of worka pending layoff has five (5) calendar days in which to select one (1) of the following options, return to duty and give the Agency written notice of regular employees from a leave of absence, building closing or a projected deficit his/her selection.
1. The employee may displace the employee in financial resources as substantiated by current financial statementsthe Agency with the lowest service credits in his/her present classification.
2. If qualified, the following procedure shall govern such layoff:employee may displace the lowest service credit employee in a classification with the same salary range. To be qualified, the bumping employee must meet the minimum qualifications for the classification into which he or she is bumping.
1.1.1 3. The number of people affected by reduction employee may demote to the lowest service credit position in any classification for which he/she is qualified. An employee who elects to demote will be placed on the Agency list for recall from layoff in the force classification from which he/she demoted.
4. The employee may elect to be laid off. An employee who elects to be laid off shall be placed on the Agency recall from layoff list for the classification from which he/she was laid off.
E. To be qualified for the options under Section (2D 1, 2 and 3), the employee must meet all of the minimum qualifications for the position's classification and must be capable of performing the specific requirements of the position as stated in the position description within two (2) weeks. The Agency shall determine if the employee is capable of performing such duties.
F. When the Agency gives notice of layoff, all employees working-out-of-class within the affected classes will revert to their regular positions and duties.
G. Employees displaced by the effects of bumping may exercise their rights under this Article, in turn.
H. For the purposes of this Article, employees working in a jobshare position shall be kept treated as one full-time employee with service credits equal to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a the prorated time they are working in the position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated aboveSection 3. Within the bargaining unit, affected employees shall be laid off according to districtand service credits calculated within the following separate categories: Permanent full-wide senioritytime positions; and Permanent part-time positions. Computation of Service Credits for regular status employees shall be made as follows:
A. One (1) credit for each full month of unbroken, regular status and trial service employment with the least senior employee laid off firstDepartment of Land Conversation and Development, and one-half (1/2) service credit for each full month of unbroken, regular status and trial service with the State of Oregon which immediately preceded employment with the Agency. Authorized leaves Service credit totals for other State service may not exceed sixty (60) credits. A break in service is defined as a separation or interruption of absence do not constitute an interruption in continuous servicepaid employment that lasts more than two (2) years. In Part-time employees earn service credits on a prorated basis. Leave without pay over ninety (90) days will be deducted from service credits. When the case of identical seniorityAgency announces a layoff, order of hire service credit totals will prevail as evidenced by adoption be frozen through the conclusion of the Board Resolution of employmentlayoff process.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in B. In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aidea tie in total layoff credits, the Agency shall determine the employee(s) to be laid off, considering requirements of the available position(s), value of the employee(s) to the mission of the Agency, demonstrated performance, work in progress, and other relevant factors.
C. Head Bus DriverThe Agency may protect up to two (2) employees from layoff for up to ninety (90) days if losing such individuals would demonstrably work a hardship on the operation of the Agency.
D. Bus DriverSection 4. Cross bumping may occur between the management service and the bargaining unit.
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Section 5. Any trial service employee in the Bargaining Unit who is laid off under shall be restored to the above procedure may exercise eligibility list from which he/she was certified if the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:list is still active.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce A. Layoff shall be defined as the number reduction of employees in a job classification the work force due to abolishment of positions, lack of work, return to duty lack of regular employees funds, or curtailment of programs. Layoff may result from a leave departmental “reorganization,” which shall mean the restructuring or redeployment of absence, building closing resources resulting from legitimate (demonstrated) economic and/or programmatic changes or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction needs resulting in the force lack of work, lack of funds, or the curtailment of programs that are not and cannot be related to employee conduct or performance and shall not constitute discharge or termination for cause. The appointing authority agrees that no unit employee will be kept to laid off in an arbitrary or capricious manner. Employees hired with a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees commitment of thirty-five (35) weeks per year shall be laid off according in accordance with their employment agreement. The terms of this Article shall not apply to districtemployees paid from grant, contract, or institute funds. However, such employees shall receive a thirty (30) day notice of impending layoff unless a predetermined date for the end of employment has been established and shall be placed in the on-wide campus callback pool for two (2) years pursuant to Section G. The terms of this Article shall not apply to probationary employees.
1. The appointing authority agrees that it will hold a layoff meeting with the Association to discuss the impact of pending layoffs and to explore alternatives for laid off employees. Upon notification to the Association, if a meeting is requested to discuss the situation, it shall be held as soon as possible. Layoffs shall be conducted by job classification on the basis of the employee's campus seniority, provided the employee retained has the ability to perform the job. In the event of a layoff within a job classification, probationary employees within that job classification shall be laid off first with regard to their individual periods of employment. Non-probationary employees shall be next for being laid off.
2. In the event that there are full and part-time employees within a job classification in a department or area and it is determined that the department must reduce a full-time position to a part-time position, it shall proceed as follows:
a. If a more senior employee works part-time, the department may require the part-time employee to either accept a full-time schedule or be laid off.
b. If the more senior employee elects to accept the full-time schedule, the department shall then lay off the least senior employee in the job classification.
c. The department may also elect to reduce or restructure the full-time schedule of the least senior employee in the job classification, pursuant to subsection M of this Article.
1. Employees who are on layoff shall be recalled to available jobs in their classification in accordance with their campus seniority, in the reverse order from which they were laid off, provided the employee(s) recalled have the ability to perform the job.
2. Employees who would have been laid off, except that they exercised their options under Sections F and G, and accepted positions in lower graded classifications from the one they held before the layoffs, shall be recalled to available jobs in their classification in accordance with their campus seniority, in the reverse order from which they were laid off, provided the employee(s) recalled have the ability to perform the job. Said employees shall retain the right to be recalled for one year from the date of their layoff.
3. An employee who has been laid off firstand identifies a position to which they are entitled to be recalled shall, within five (5) days of identifying such positions, notify the Division of Human Resources, who shall review the position and, if it meets the criteria set forth in this section, award the position to the laid off employee.
D. Layoff in excess of three (3) continuous months shall not be credited or accrued towards seniority for any purpose. Authorized leaves Employees whose layoff result in their going “off payroll” may request the Division of absence do Human Resources to retain accrued vacation credits, without paying out accrued vacation, for up to one hundred and twenty (120) days from the actual date of layoff. A laid off employee who returns to employment shall have their sick leave credits at the time of layoff, as well as personal leave credits, restored. However, if they are on layoff through the end of the calendar year, they shall be entitled to a personal day accrual that is the same as a newly hired employee on that date.
E. Employees to be laid off will be notified of such layoff in writing, as soon as practicable, but in no event less than thirty (30) calendar days prior to the layoff. The Association will be sent a list, from the appointing authority, of the employees being laid off at the same time as the written notices are given to the employees. The University will provide, within five (5) calendar days, the Form 30’s and other information necessary for an employee scheduled to be laid off to make an informed decision on bumping options.
F. At the same time as the University notifies the Association of the layoff, the University shall compile the following information which shall be provided to the Association with said notice:
1. The name, state title, working title, salary grade or level and seniority date of the employee(s) facing layoff.
2. The names and seniority dates of all other employees in the organization who have the same title.
3. The names and bargaining unit affiliation of the employee(s) who will take over the work, and whether the work will be outsourced, or a CC/03 employee who will be hired to cover the task.
4. The reasons for the layoff; i.e. loss of grant funding, reorganization, cut in state funding, need to reallocate funds or other factors.
5. The proposed effective date of layoff.
G. In the event an employee is scheduled to be laid off, or is on layoff status, as set forth in Article 22, and there exists a vacant position in the bargaining unit which has been certified for filling in an equal or lower-graded classification, provided the employee can perform the work, campus seniority shall prevail in permitting such an employee to fill such position. Any employee in such category shall have their name forwarded for any vacant position prior to Article 17 being applicable. An employee may refuse an interview offered in accord with this provision and continue to have their name forwarded. An employee who is offered a position through this process and declines it shall not constitute continue to have their name forwarded. Should the University fail to inform an interruption employee of their rights under this Article 22, Section G within ten (10) days from the date of the notice of layoff, the employee’s lay off date shall be extended one day for each day the University fails to meet its obligation.
H. If after forty-five (45) days of being referred to vacancies in continuous serviceaccord with Article 22, § G, an employee has not secured a position at the University they may choose one of the following options. During this period of time the employee shall be designated to “unpaid leave of absence.”
1. In the case event a non-probationary employee is scheduled to be laid off, they may elect to receive a severance payment which shall constitute one week of identical seniority, order pay for each year of hire will prevail as evidenced by adoption service to a maximum payout of thirty (30) weeks. An employee electing a severance payment shall not be entitled to use the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined processes described in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:22.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary On or before January 1 of each year, the Village shall prepare and forward to reduce the number Labor Council a list setting forth the seniority dates for all employees covered by this Agreement. Officers shall be given thirty (30) days' written notice of employees a reduction in force. In the event of a reduction in force, seniority shall prevail and the officers so reduced in rank or laid off shall be considered furloughed without pay from the positions from which they were reduced or removed. Such reductions and removals shall be in strict compliance with seniority as set forth below and in no event shall any officer be reduced more than one rank in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in force. Officers with the force least seniority in the position to be reduced shall be reduced to the next lower rated position. For purposes of determining which officers will be kept to a minimum by not employing replacements insofar as practical for employees who resignreduced in rank, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees seniority shall be laid off according determined by adding the time spent at the rank or position from which the officer is to district-wide be reduced and the time spent at any higher rank or position in the Department. For purposes of determining which officers in the lowest rank or position shall be removed from the Department in the event of a layoff, length of service in the Department shall be the basis for determining seniority, with the least senior employee such officer being the first so removed and laid off. Such officers laid off first. Authorized leaves of absence do not constitute an interruption shall have their names placed on a reemployment list in continuous service. In the case of identical seniority, reverse order of hire will prevail dates of layoff. Officers shall remain on the reemployment list for twelve (12) months. If any positions which have been vacated because of reduction in forces or displacement and abolition of positions are reinstated, such officers as evidenced by adoption of are furloughed from the Board Resolution of employment.
1.1.3 The following classifications said positions shall be used notified by registered mail of such reinstatement of positions and shall have prior right to such positions if otherwise qualified, and in all cases seniority shall prevail. Written application for such reinstated position must be made by the purpose furloughed person within 30 days after notification as above provided and such person may be required to submit to examination by physicians of defining classification seniority in both the event board of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in fire and police commissioners and the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention appropriate pension board to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:determine his physical fitness.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 29.1 If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack financial reasons, decreased enrollment of workpupils, return to duty of a regular employees from employee after a leave of absence, building closing suspension of schools, territorial changes affecting the district or a projected deficit in financial resources as substantiated by current financial statementslack of work, the following procedure procedures shall govern such layoff:.
1.1.1 29.2 The Board of Education will attempt to keep the number of people affected by the reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionposition within the job classification affected.
1.1.2 29.3 Whenever it becomes necessary to layoff lay off employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniorityseniority within the job classification affected, with the least senior employee laid off first. Classification seniority shall be defined as the continuous length of employment of a bargaining unit member in a particular classification as computed from the most recent date of entry into such job classification.
29.4 Employees who are laid off shall have the right to displace/bump any less senior employee within their current classification based on classification seniority.
29.5 If an employee who is to be bumped out of his/her classification and worked in another classification, and maintains the qualifications required for their previous classifications, he/she may displace any less senior employee, in his/her former classification, based on classification seniority previously accrued in that classification.
29.6 Authorized leaves of absence do not constitute an interruption in continuous serviceservice but such time will not be counted in computing seniority. In the case cases of identical seniority, order based upon the latest date of hire will prevail or appointment to the present classification, the more/most senior employee shall be determined by the following methods, in the order listed:
A. First day of work in the district as evidenced by adoption a regular employee, regardless of the Board Resolution of employmentclassification.
1.1.3 B. Flip a coin if the first day of work in the district as a regular employee is the same.
29.7 The following classifications job classification list shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account ClerkBus Drivers
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Mechanic Helper C. Cafeteria Workers D. Custodian/ Cleaning Person(s) E. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce the number SECTION 1. The Depaiiment of employees in a job classification due to abolishment of positionsWildlife, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniorityParks and Tourism, with the least senior approval ofthe Secretary of Administration, may layoff employees in the classified service when the employer deems it necessary by reason of sh01iage of funds or work, the return of an employee laid off firston authorized leave, the abolition of a position or other material changes in duties or organization. Authorized leaves The employer may designate a geographic area, an organizational unit and/or job classes within which employees are to be subject to layoff. The employer also may limit the layoff to full-time employees or to employees employed on less than a full-time basis. The employer may also permit an employee to bump into any class in which the employee previously had permanent status. When a layoff is limited to full-time employees or less than full-time employees, any employee with permanent status may exercise bumping rights into a position filled by any employee with probationary status only within the group of absence do employees having the same full-time or less than full time status. Othe1wise, any employee with pe1manent status may exercise bumping rights into positions filled by probationary employees anywhere within the agency, provided the permanent employees meet the required selection criteria for the classes.
SECTION 2. Layoff scores shall be computed by the employer for each employee in the agency in the class or classes of positions identified for layoff and for employees in classes of positions that may be affected by the exercise of bumping rights. Layoffscores shall be computed according to the formula: Ax L, where: A = average performance review rating of the employee, as described below; and L = the length of service, as defined in A1iicle 10 of this agreement, expressed in months.
2.1 Except as otherwise authorized by this subsection, the performance evaluation ratings used in computing the layoff score of an employee shall be the average of the most recent ratings for the employee during the last five years, up to and including five ratings, if the employee has as many as five ratings. However, a rating resulting from a special performance review that is given for a rating period ending within 90 calendar days of any notice of the layoff to the director shall not constitute an interruption be counted. Performance reviews completed for rating periods ending on or after the date the appointing authority notifies the director in continuous service. writing that a layoff is to occur shall not be considered in computing layoff scores; however, the appointing authority may designate a uniform earlier cutoffdate to identify which performance evaluation ratings shall be used in computing layoff scores.
2.2 Point values shall be assigned to performance reviews as follows: Arating of exceptional shall have a value of five; a rating of satisfactory, a value of three; and a rating of unsatisfactory, a value of zero.
2.3 In the case of identical senioritylayoff scores, order of hire will prevail as evidenced by adoption and if some, but not all, of the Board Resolution of employment.
1.1.3 The following classifications persons with the same score need to be laid off, preference among such persons shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenancegiven to any veteran, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account any surviving spouse of a reduction veteran, and any orphan of a veteran, in force that order. If finiher ties remain, preference in retention shall be given to displace an employee the person with less seniority in:the greatest length of service. If a tie still exists, the next preference shall be given to the person with the greatest length of service within the Department of
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If A. It is hereby specifically recognized that it becomes is within the sole discretion of the Board to effectuate necessary to reduce the number of employees reductions in a job classification due to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous serviceancillary staff. In the case event of identical seniorityeconomic cuts, order of hire will prevail as evidenced by adoption of declining student enrollment, declining funding, impacting Federal or State Law rule changes or interpretations, or other conditions necessitating a reduction in ancillary staff, the Board Resolution of employmentEducation may implement ancillary staff reductions upon sixty (60) calendar day written notice to the affected ancillary staff.
1.1.3 The following classifications B. Seniority shall be used defined as the length of continuous full-time equated service to the West Shore ESD Board since the employee’s most recent date of hire. Credit given for outside experience in other districts shall not be considered for the purpose of defining accumulating seniority, but shall serve to reduce the probationary period in accordance with the provisions of the Tenure Act. Approved Leaves of Absence shall not be construed as interrupting the employee's continuous years of service nor shall seniority accrue on such leaves. The Employer shall prepare a seniority list as applied to the Association by classification and submit a copy of the same to the Association no later than October 15th of each school year. The Association shall present any objections to the accuracy of the seniority list, in writing, to the Employer by November 15th. Employee’s promoted to positions outside the bargaining unit shall have their accumulated seniority frozen. Upon return to the bargaining unit, such employees shall be credited with years of administrative service in addition to teaching and/or ancillary services. Only the years of service accumulated in the event bargaining unit may be used by an administrator in bumping into the bargaining unit. Employees in positions not subject to the provisions of the Tenure Act shall serve a probationary period paralleling that under the Act.
C. Seniored ancillary staff whose positions have been eliminated shall have the right to be transferred by the Board to the position held by the least seniored ancillary working within their classification contingent upon certification/licensure. Should there be no less seniored ancillary within the affected ancillary’s classification, the ancillary, if certified/licensed, shall have the right to be transferred by the Board to a position in another classification held by the ancillary with the least seniority.
D. Changes in certification (or endorsements, licensure, approval or authorization) while on layoff shall not affect the employee’s status while on layoff. For the purpose of re- certification (or change in endorsements, licensure, approval or authorization), layoff status begins with receipt of the layoff notice. Laid off employees who complete their contractual year shall not lose their fringe benefits or salary over the summer months.
▇. ▇▇▇▇▇▇▇▇▇ staff shall be recalled to vacancies to which they are classified and certified in inverse order of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ . No new ancillary staff shall be hired by the Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee while there remains ancillary staff in the Bargaining Unit positions reduced in hours by layoff or ancillary staff laid off under who are eligible for recall. It is expressly understood that no vacancies as determined by the above procedure may exercise Board shall be posted while there are ancillary staff in positions which have been reduced or eliminated through staffing reductions.
F. The Board shall give written notice of recall by sending certified letters to said ancillary staff at their last known address. It shall be the bumping rights responsibility of each employee to notify
G. 1) For purposes of this Agreement, the term "certificated" shall be defined to include: teaching certificates, written approvals and licenses issued by the State of Michigan which are necessary to perform a specific assignment . The term "certificated" shall also include position specifications issued by Federal or State Governments in this section. Employees must notify connection with receipt of full categorical, membership or grant funding for a particular program operated by the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:Board.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary Layoff shall mean the discontinuance of a position or reduction in hours of a full-time position(s) or reduction in hours of a part-time position(s) due to reduce lack of work or reduction or discontinuation of service or services. The discontinuation of services may be due to the number elimination, temporarily or permanently, of a program or programs or to inadequate funding or to technological change.
(a) In the event of a proposed layoff of a permanent or long term nature, the Home will provide the Union with at least 6 weeks’ notice. This notice is not in addition to required notice for individual employees.
(b) In the event of a layoff of a permanent or long term nature, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards Act will be deemed to be amended to provide notice to the affected employees as follows: - service greater than 9 years – 9 weeks’ notice - service greater than 10 years – 10 weeks’ notice - service greater than 11 years – 11 weeks’ notice - service greater than 12 years – 12 weeks’ notice
(a) The Employer shall layoff employees in a the reverse order of seniority within their classification provided that there remain on the job classification due employees who have the ability and required qualifications to abolishment of positions, lack of perform the work, return .
(b) An employee who is subject to duty of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, layoff shall have the following procedure shall govern such layoffright to either:
1.1.1 The number of people affected by reduction (i) accept the layoff; or
(ii) displace an employee in the force will be kept to a minimum by not employing replacements insofar as practical for employees same employment category who resignhas lesser seniority in the bargaining unit (regardless of pay rate), retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary if the employee originally subject to layoff employees within is qualified and can perform the duties without training other than orientation. This clause shall be used for a classification for reasons as stated above, affected employees maximum of two successive displacements. The second employee displaced shall be laid off according without the right to district-wide seniority, with the least senior employee laid off firstdisplace another employee. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption The decision of the Board Resolution of employment.
1.1.3 The following classifications employee to choose (1) or (2) above shall be used for given in writing to the purpose of defining classification seniority in Administrator within one calendar week following the event notification of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify failing to do so will be deemed to have accepted the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:layoff.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 1.1 If it becomes necessary to reduce A. A layoff shall mean a reduction in the number of employees in a job classification work force due to abolishment of positions, lack a decrease of work, return to duty a lack of regular employees from a leave of absenceoperating funds, building closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
1.1.2 Whenever it becomes necessary to layoff employees within a classification for reasons as stated above, affected employees enrollment. An Employee shall be laid off according notified in writing at least twenty (20) work days prior to district-wide seniority, with the least senior employee laid off first. Authorized leaves end of absence do not constitute an interruption in continuous servicehis/her work year. In the case event an emergency arises due to lack of identical seniorityfinances and/or enrollment loss, order of hire will prevail as evidenced by adoption of the Board Resolution of employmentEmployer shall notify the Association and affected Employees in writing twenty (20) work days prior to any layoff.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in B. In the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide, the order of layoff shall be: First: Temporary Office Employees Second: Probationary Office Employees Third: Least Senior Office Employees In no case shall a new Employee be employed by the Employer while there are laid off Employees who are qualified for the vacant or newly created position.
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. MaintenanceAccording to seniority, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X5, Section 1.1.1) employee Office Employees whose contract has positions have been suspended on account eliminated due to reduction in the work force or who have been affected by a layoff shall have the right to bump the least seniored Office Employee to assume a position for which they are qualified as defined in Appendix B.
D. In the event of a reduction or increase in force his/her work hours, except as altered in Article 16 A., an Office Employee shall be eligible to displace bump into a position held by an employee with Office Employee of less seniority inaccording to the following procedures in the following order:
1. Same number of hours Same classification
a. Least Senior Office Employee with the same number of weeks per year (if none, go to 1. b.).
b. Least Senior Office Employee with a lesser amount of weeks per year (if none, go to 1. c.).
c. Least Senior Office Employee with a greater amount of weeks per year (if none, go to 2).
2. Higher classification The Office Employee will be allowed to test for a position in a higher classification, if another Office Employee has less seniority than the affected Office Employee. Then, if the Office Employee passes the required tests, s/he will be allowed to bump into the position in the higher classification (if not, go to 3. a.).
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If Section 17.1. When the Employer determines that a long-term layoff (defined as 100 or more calendar days) is necessary or in the event of a reduction of the working force where an employee has no expectation of being reassigned to the same or similar jurisdiction (job abolishment) by reason of lack of funds or lack of work, and it becomes necessary to reduce the number of employees in a job classification due classification, the Sheriff and the Labor Council shall meet prior to abolishment of positions, lack of work, return to duty of regular employees from a leave of absence, building closing or a projected deficit reduction in financial resources as substantiated by current financial statementsforce and, the following procedure procedures shall govern such long term layoff:, job abolishment, and/or subsequent reinstatement.
1.1.1 Section 17.2. The number of people affected by reduction in the force will shall be kept to a minimum by not employing replacements insofar in so far as practical for of employees who resign, retire, retire or otherwise vacate a positionposition in classification(s) in which layoffs occur.
1.1.2 Whenever Section 17.3. When it becomes necessary to layoff lay off employees within a classification for by reasons as stated above, affected employees shall be laid off according to district-wide classification seniority, with the least senior employee laid off first. Seniority for layoff shall be defined as the uninterrupted length of continuous service with the ▇▇▇▇▇ County Sheriff's Office in a particular job classification computed from the latest date of hire or appointment in his or her present classification. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order the Sheriff and the Labor Council shall meet to determine a fair and equitable means of hire will prevail deciding which employee shall be laid off first, such as evidenced by adoption of the Board Resolution of date the employee submitted his or her initial application for employment.
1.1.3 Section 17.4. The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account ClerkRoad Division
1. Lieutenant
2. Sergeant
3. Road Deputy
a. Investigator
b. School Resource Officer (SRO) c. Court Services
B. Bus/Pupil/Staff Support Aide/Inventory AideCorrections Division
1. Corrections Officer
C. Head Bus DriverDispatcher
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee ▇. ▇▇▇▇ A Lieutenant and/or Sergeant may displace employees in the Bargaining Unit Road Deputy classification if the Lieutenant and/or Sergeant has greater accumulated Office seniority than the Road Deputy employee being displaced.
Section 17.5. Except in the case of emergency, prior to the effective date of layoffs, the Sheriff shall prepare and post for inspection in a conspicuous place a list containing the names, seniority dates, and classifications and indicate which employees are to be laid off. Each employee to be laid off under shall also be given written notice of layoff fourteen (14) days in advance, or as soon as the above procedure may exercise Sheriff is notified by the bumping rights in this section. Employees must notify Board of Commissioners, the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article XBudget Commission School Board, Section 1.1.1) employee whose contract has been suspended on account contractor, and/or grantor of a reduction in force funds necessitating the layoff. Each notice of layoff shall state the following:
A. reason(s) for the layoff or reduction;
B. the effective date of layoff; and
▇. a statement advising the employee of his or her bumping rights or rights of reinstatement from a layoff.
Section 17.6. For the classification in which the layoffs occur, the Sheriff shall prepare a reinstatement list and name all employees placed on the reinstatement list in the reverse order of layoff. Reinstatement shall be made from this list before any new employees are hired in that classification.
Section 17.7. Vacancies which occur in the classification of layoff shall be offered to displace an or declined in writing by the employee standing highest on the layoff list before the next person on the layoff list may be considered. Any employee who declines reinstatement shall be removed from the reinstatement name list.
Section 17.8. The employee's name shall remain on the appropriate list for a period of eighteen (18) months from the effective date of layoff. If reinstated from layoff during this period, such employee shall retain all previous accumulated seniority in accordance with less seniority in:Section 17.3 and a notice of reinstatement shall be made by certified mail.
Section 17.9. All seasonal, part-time, temporary and probationary bargaining unit employees will be laid off prior to the layoff of any full-time bargaining unit employee, except for the positions of part-time cook, and part-time dispatcher who works eight (8) hours per week.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 1.1 If it becomes necessary A. All bargaining unit members shall be considered as probationary until they have successfully completed the sixty (60) calendar day probationary period. Seniority for all bargaining unit members shall be defined as length of service within the district as of each bargaining unit member's first working day. However, seniority shall not be vested until the end of the probationary period even though seniority shall be the primary factor for all layoffs, probationary and permanent alike.
B. After serving the probationary period, the employee shall not serve another probationary period when moving to reduce a new position on a voluntary basis. In such a move there will be a trial period. This trial period shall not be longer than 45 working days. At any time between the number of employees 30th working day and the 45th working day, either the supervisor or the bargaining unit member may choose to return the bargaining unit member to the previous position. By mutual agreement the employee and the supervisor may elect to adjust the time periods above.
C. Seniority shall be by classification groups. An employee in a higher classification shall accrue seniority in all lower classifications for which the employee is qualified. When an employee is promoted to a higher job category, she takes with her all seniority earned in all lower categories, but is prohibited from exercising it in the higher category for a period of one year.
D. If two or more employees are hired on the same day, the employee's last four (4) digits of their social security number shall be totaled to determine the highest sum. The employee with the highest sum shall have the higher seniority ranking. If there is still a tie, it will be broken through a lottery. Placement due to the tie breaker shall not be changed.
E. The employer shall furnish a copy of the seniority list to the union and said list shall be posted in each bargaining unit workplace. Said seniority list shall show the classification seniority of each bargaining unit member, and shall be posted once by December 1. It shall be the responsibility of each bargaining unit member to promptly check the seniority list for accuracy. If a bargaining unit member or the union does not believe that the seniority, and/or classification is correctly shown on the list, the Personnel Director shall be notified, in writing, of the alleged error within ten (10) working days of the list's final day of posting. If no challenges are raised during the above period, the seniority list shall be deemed to be accurate. After this period, the seniority list shall be frozen until reposted the next December 1. The employer shall incur no liability for relying on the seniority list once the challenge period has ended.
F. During a reduction in the work force, the employee(s) occupying the position(s) to be eliminated will be laid off.
1. The employee whose position is being eliminated or reduced may bump laterally the person with the lowest seniority in that classification provided she is qualified, or the second lowest seniority employee in that classification if the bumping employee's qualifications are a problem.
2. If the displaced employee cannot bump laterally (as provided in 1 above) she may go to the next lower class and bump the lowest in seniority or succeeding lower classes if necessary, provided she is higher in seniority and is qualified, or the second lowest seniority employee in that classification if qualifications are a problem.
3. Such employees displaced by this process shall be able to exercise the same rights as described above. Any employee being moved down to a lower classification due to abolishment of positions, lack of work, a lay off will retain the right to return to duty that higher classification for a period of regular employees from a leave of absence, building closing or a projected deficit in financial resources as substantiated by current financial statements, one year providing she can fulfill the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a positionqualifications.
1.1.2 Whenever it becomes necessary 4. An employee exercising her seniority rights over a less senior employee may elect to layoff employees within a classification for reasons as stated above, affected employees shall be laid off according to district-wide seniority, with bump either the least senior employee laid in her own work year category; i.e., 10 month, 11 month, or 12 month, or she may elect to bump the least senior employee in the other work year category. Part time status will be equal to full time status for purpose of lay off first. Authorized leaves of absence do not constitute an interruption in continuous serviceand recall process.
5. In the case event the bargaining unit member has insufficient seniority to retain a position, the bargaining unit member will be laid off from employment with the school district.
6. Bargaining unit members scheduled for layoff for an indefinite period of identical senioritytime shall be given fourteen (14) calendar days written notice before said layoff shall be effectuated. Said notice shall be by certified mail, return receipt requested. It shall be the responsibility of the bargaining unit member to leave the correct address and/or forwarding address with the Personnel Office.
G. Recall shall be in inverse order of hire will prevail layoff provided the bargaining unit member recalled has the necessary seniority and the qualifications to satisfactorily do the work. Notice of recall shall be by certified mail, return receipt requested. The bargaining unit member shall have fourteen (14) days to report for work after the receipt of such notice.
H. Seniority shall continue to accrue during layoff but shall not increase by more than six (6) months while on actual layoff, and in no instance shall seniority accrued during layoff exceed seniority accrued prior to layoff. Bargaining unit members shall accrue seniority during leaves specified as evidenced by adoption seniority accruing leaves in Article IX, Section 9 of the Board Resolution of employmentAgreement.
1.1.3 The following classifications I. Seniority shall be used broken for the purpose of defining classification seniority in the event of layofffollowing reasons:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article X, Section 1.1.1) employee whose contract has been suspended on account of a reduction in force to displace an employee with less seniority in:
Appears in 1 contract
Sources: Master Agreement