Layoff and Recall. Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows: a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff; b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment; c.) all temporary and then probationary employees will be terminated first; d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment; e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment; f.) employees may drop shift and or category of employment any step below. Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence: Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position. Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 1Both parties recognize that job security should increase in proportion to length and quality of service. Therefore, in the event of a layoff, Employees shall be laid off in accordance with Article 13 – Seniority. Employees shall be recalled in order of their seniority, provided the Employee retained or recalled can perform the work in a satisfactory manner. For clarity, lay-offs, under the provisions of this Collective Agreement shall include the reduction of daily or biweekly hours of any full-time Employee only.
(a) In all cases of lay-off or recall bargaining unit wide seniority shall be the governing factor provided the Employee retained or recalled can perform the work in a satisfactory manner. An Employee who would be laid off under these circumstances may only replace (bump) another employee with lesser seniority who occupies a classification equivalent to, or lesser than the classification they occupy provided they are qualified to do the work
(b) As an alternative to bumping, an Employee may choose to accept placement in a vacant position of equal or lower classification prior to the vacant position being posted for the consideration of other employees.
(c) Further, as an alternative to a) or b) above, an employee may choose to revert to “on-call part- time” status.
(d) In the event it is necessary of a lay-off, members of the Executive Board, Grievance Committee Representatives and Location Stewards shall be the last to layoff employees covered be laid off, regardless of where they may be employed. The Union shall keep the Employer informed of the names of the members of the Board, Grievance Committee Representatives and Location Stewards and in the event of any dispute, the latest list of names as received by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations the Employer shall govern.
(e) No new employee will be done as follows:hired until those laid off (who have sufficient ability to perform the work required) have been given the opportunity of rehire.
a.(f) by providing the Union and affected employees with at least two The Employer is to provide thirty (230) weeks working day notice of lay-off.
(g) The Employer will notify, in writing with a copy to the effective date Union, all laid off employees of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees position vacancies. Notification will be terminated first;
d.) a full-time employee with seniority sent to the last known address of the laid off employee, who is subject to layoff will have fourteen (14) calendar days from the option day of a bump mailing to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in apply for the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowpositions.
Section 2. When an employee with seniority is subject (h) An employee, after receipt of lay-off notice, shall retain recall rights for the period defined in this collective agreement, to layoff their home classification, whether they are laid-off, bumped or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring post into that another position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 1A. If it becomes necessary for a layoff, the following procedure will be effective. Probationary and temporary employees within a job classification will be laid off first provided a more senior qualified employee in that classification is able to perform the duties of the position. Employees with the least seniority will be laid off in accordance with their seniority within job classifications.
B. A laid off employee may claim the job of a less senior employee provided the employee previously held a position in that classification and the employee has the ability to perform the job. A laid off employee shall not bump a bus driver unless the employee bumping has a valid Michigan State certificate to drive a school bus.
C. Employees to be laid off for an indefinite period of time or ten (10) days or more will have at least twenty-one (21) calendar days' notice of layoff, except in cases of an emergency where it is impossible to do so. Short term layoffs of ten (10) days or less may be given without advance notice. The Union secretary shall receive a list from the Employer of the employees being laid off on or before the same date the notices are issued to the employees.
D. When the working force is increased after a layoff, employees will be recalled according to seniority, as defined in this Agreement, provided the laid off employees have the qualifications and ability to perform the available work. Notice of recall shall be sent to the employee at his last-known address by certified mail. If an employee fails to notify the Superintendent's office in writing of his/her intent to return to work within ten (10) calendar days after a certified (return receipt requested) recall notice is received, he/she shall be considered a quit. The employee who notified the Superintendent in writing of his/her intent to accept recall and who then fails to report to work on the first scheduled day for that position shall also be considered a quit.
E. In the event it is necessary to of layoff employees covered by this Agreementonly, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations representatives and the president will be done retained at work as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who long as there is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowwork available which they can perform.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Layoff and Recall. Section 1. In Layoff shall mean the event it is necessary separation of an employee from the active work force. Recall shall mean the return of an employee to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowactive work force.
Section 2. When an employee with If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below.
Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list.
Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office.
Section 5. Grant funded positions shall be subject to layoff the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8.
Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has their position eliminated under Section 1 above, such affected greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows:
A. The laid off employee shall be placed bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position.
B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped.
C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations.
D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit.
E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the following sequence:rank of Sergeant or above.
Step 1: FirstF. If an employee takes a lower ranking position (demotion) in lieu of layoff, they he/she can return to his/her prior rank within two (2) years without taking a new test.
Section 7. If an employee, covered by this agreement, shall be assigned ineligible to any bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position in being filled by the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shiftCounty, provided the employee meets is qualified for the requirements for hiring into that vacant position and has more seniority than the incumbentapplies for such position.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 1. In the event it is necessary of layoff and recall, the following order shall govern, provided always, the employee seeking to layoff employees covered by this Agreement, exercise his or her departmental seniority to eliminate a filled position covered by this Agreement, such layoffs or eliminations will continue working must be done as followsqualified to perform the work required:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or A. Probationary employees in the job titleclassification affected shall be laid off first, gradein the order of last hired, skillsfirst laid off, shift and category as long as the employees left can perform the work.
B. In the event of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time further layoffs, the employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by lowest classification seniority in the job titleclassification affected shall be laid off next, and category of employment;
f.) employees may drop shift and or category of employment any step belowso on in such order.
Section 2. When In the event departmental layoffs require the reduction of an employee from one classification to a lower classification, the employee with the lowest “in classification” seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed laid off first, and reductions made from top to bottom in such order.
Section 3. Any employee being demoted as the result of a position layoff to a lower classification shall retain and continue to accumulate classification seniority of the higher classification, while the demoted employee is in such lower classification unless that person was laid off during the bargaining unit in probationary period.
Section 4. In the following sequence:
Step 1: Firstevent of a recall, the procedure above shall be reversed, and employees who have been demoted, shall be the first promoted to their former classification provided, however, they shall be assigned remain qualified to any vacant position in perform the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionrequired.
Step 2: SecondSection 5. During any layoff, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannew employees shall not be placed in their category of employment, grade, skills, job title and shift, they shall be offered hired until all employees on layoff who are qualified have been given the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements opportunity for hiring into that position and has more seniority than the incumbentrecall.
Section 6. Employees on layoff who have refused recall or have been on layoff for two
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 1. In During the event it is necessary to layoff employees covered by term of this Agreement, or the Township shall not layoff employees who at the time of the layoff have accrued more than five (5) years of Township seniority For the purposes of layoff and recall, seniority shall first be considered and then qualifications. The burden shall be on the Township to eliminate a filled position covered by this Agreementestablish the lack of qualification of any employee. If it shall be necessary to reduce the work force in any area in the bargaining unit, such layoffs or eliminations will be done as follows:
a.) by providing the Township shall first give the Union and affected employees with at least two (2) weeks weeks’ notice prior to the elimination of the effective date of the layoff;
b.) by subjecting to any particular job or jobs. The Township shall first layoff the employee with the least senior bargaining unit seniority within the classification within the division or department involved. Such an employee or employees who is scheduled for layoff shall have the right in lieu of layoff to replace (bump) an employee within the unit who has less seniority so long as the bumping employee is qualified to do the job. Such a bumped employee shall, in turn, have the right to bump another employee in the job title, grade, skills, shift same manner and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time so on until the employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in within the bargaining unit with the least seniority is reached. Recalls shall take place in reverse order of layoffs, that is, the following sequence:
Step 1: Firstlast employee laid off, they or bumped from his former classification within a division or department wherein a layoff has occurred or involuntary downgraded in lieu of layoff, shall be assigned the first employee to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionbe restored to his former job.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 1. In the event it is necessary of a layoff, that employee within the particular department and within the particular occupation affected, who has the least seniority as defined in Section 1, paragraph (a) above, will be laid off, provided the remaining employees in such department and occupation have the skill and ability to layoff perform the required work of such occupation in a satisfactory manner without training or extra supervision. If a job opening occurs in an occupation within a particular department from which one or more employees have been laid off pursuant to the foregoing provision of this Section, then such employee with the then greatest seniority shall be recalled to such job provided he or she has the skill and ability to perform the job efficiently without any training or extra supervision. Employees of Dartmouth Dining Association covered by this Agreement, or Agreement shall be afforded an opportunity to eliminate apply for work in other departments during shut down periods in accordance with the following procedure. At least three (3) weeks prior to the shut down interested employees may apply at the Dining Hall Office by completing a filled position covered form provided by this Agreement, such layoffs or eliminations the Employment Office indicating their availability for work during the shut down and the type of work for which they are qualified. The Employment Office will contact other departments to determine if work is available. Employees who have signed up by the deadline will be done as follows:
a.) by providing the Union notified regarding positions, hours of work, job requirements and affected employees with rate of pay for any positions available. Positions will be assigned on a seniority basis for all individuals who file forms at least two (2) three weeks notice prior to the shut down. In order to insure that the College can maintain proper staffing levels, employees who apply for and accept shut down work must perform the job assigned unless excused by the College for good reason. Other work which may become available during shut down will be assigned to qualified employees on a “first come first served” basis, however, the parties recognize that employees have an obligation to continue to make their availability known to the Employment Office should they wish a work assignment during any shut down. These shut down provisions provide for a procedure for employees to apply to work during shut downs but are not a guarantee that work will be available. The College reserves the right to reject any one who is not qualified for any temporary position. Wages for work performed during shut down as described in this article shall be at the rate of the effective date of job to which the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all is temporarily assigned. It is understood that temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) same attendance and disciplinary policies as regular employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment when performing any step belowtemporary assignment.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 1A. Employees will be given as much advance notice as possible whenever it becomes necessary to reduce the work force. Whenever possible, reduction of the work force shall be based on seniority.
Section B. Accrued benefits will be prorated for personnel who are on layoff, if less than ten months into the year.
Section C. No position shall be filled by the Administration until all persons laid off have been called back to work within classification. No substitutes shall be hired by the Administration for a permanent position until all persons laid off within classification are back to work.
Section D. As long as a person on layoff keeps in good standing with this Union (keeps his/her monthly dues paid) he/she must return to work when called, up to one year. If permanent full-time or part-time openings occur, the Board has the responsibility to recall laid-off persons in order of seniority for up to 12 months after layoff.
Section E. When an employee's job is eliminated he/she shall have the right to use his/her seniority and bump any other employee having less seniority within the same job classification or, when qualified, an employee in a lower wage classification.
Section F. Any employee who has been bumped by another employee may use his/her seniority and bump any other employee having less seniority within the same job classification or, when qualified, an employee in an equal or lower wage classification.
Section G. An employee may only use this bumping right once, and must stay at the position he/she bumped into, but may bid on any position which is up for bid.
Section H. All bumping rights must be exercised in writing and must be submitted to the Operations Office prior to the end of the second business day of the day following the employee's notification of displacement.
Section I. It is understood that if the deadline passes and no written notification is received by the Operations Office, the employee forfeits his/her bumping right and shall be assigned permanently to the position that is left after the bumping process is completed. In the event it is necessary to layoff employees covered by this Agreementmeantime, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations the employee will be done as follows:
a.) by providing assigned at the Union and affected employees with at least two (2) weeks notice discretion of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowEmployer.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Maintenance and Operations Master Agreement, Maintenance and Operations Master Agreement
Layoff and Recall. Section 1. In the event it is becomes necessary to layoff lay off employees covered by this Agreementfor any reason, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will employees shall be done as followslaid off under the following order:
a.a. For either citywide or department/division layoffs, employees shall be laid off in the inverse order of their certification to Civil Service status (i.e., the end of their entrance level probationary period) within their classifications.
2. The City shall determine when reductions in force are necessary and which areas shall be affected, (i.e., citywide or by providing department/division).
3. When the City has formally considered a reduction in force, it will notify the Union of such reduction prior to the laying off of employees.
4. No permanent Civil Service employee shall be laid off because of lack of work or funds from any position while any provisional, temporary, first-time probationary and affected employees part-time employees, are employed within the same department.
5. Any employee who is to be laid off who has advanced to his present classification from a lower classification in which he held a permanent Civil Service appointment may, if he so desires, bump any employee with less seniority, provided it is done within the first five (5) business days after notification of lay off.
6. Employees who bump a lower classification shall be paid a salary closest to their salary at least two (2) weeks notice time of layoff, but at no time shall the effective date salary paid exceed the maximum for the particular lower classification.
7. The City shall, however, retain the right to lay off out of the layoff;
b.) by subjecting to layoff the least senior employee or employees inverse order when it is necessary, in the job titleCity's determination, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When retain an employee with seniority special knowledge, skill or ability. It is understood that this determination shall be subject to layoff or has their position eliminated under Section 1 abovethe Grievance Procedure.
8. Any employee who is to be laid off, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned may carry all of his seniority (from all City employment) to any vacant position other classification in which that employee previously obtained Civil Service status, and bump an employee in said classification with less seniority provided it is done within the bargaining unit which is their category first five (5) business days after notification of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionlay off.
Step 2: Second, if no vacancy exists, then the 9. Any Civil Service employee subject who is to layoff be laid off may bump the least senior temporary employee in their category of employment, grade, skills, any other job title and shift. Step 3: Thirdclassification, if the Civil Service employee canis capable of performing the duties then being performed by a temporary employee. The City agrees to use all reasonable efforts to accommodate the Civil Service employee in finding an appropriate job classification in which temporary employees are serving and in which the Civil Service employee may bump. The employee's election to bump must be done within the first five (5) business days after notification of layoff.
10. In the event a grievance arises out of paragraph 8 or 9 of this Article, the grievant will not be placed in their category entitled to back pay however, for purposes of employmentthis Article only, grade, skills, job title and shift, they the grievance will commence at the arbitration step of the grievance procedure.
11. An employee taking advantage of paragraph 8 or 9 of this Article shall be offered paid at the option to bump highest step of the least senior other job classification's range that is not higher than the salary the employee was earning at the time of layoff from the classification from which the employee was transferred. It is the intent of the parties that the employee shall earn the salary in the next lower grade but other classification that is closest to his salary in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentjob classification from which he is being transferred.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section In order to promote an orderly reduction in personnel, the following procedure will be used.
1. The Board agrees to file written notice to the Association prior to affecting reductions in personnel. Individual teachers shall be notified in writing at least thirty (30) days prior to the effective date of layoff, except when a millage election will be held within that period, in which case fourteen (14) calendar days shall be the minimum.
2. Bumping, based on seniority, shall proceed as indicated below:
a. Probationary teachers shall be laid-off before tenure teachers. Among probationary teachers, those with the least seniority will be laid-off first. In either case, teachers must meet the event it criteria listed in Article XIII, Section 2. b. in order to institute the bumping procedure.
b. If reduction is necessary still necessary, each teacher in a position being eliminated shall have the right to transfer to any other teaching position for which he/she is certificated provided he/she has more seniority in this school district than the teacher in said position. This bumping shall be referred to as "primary bumping."
c. After those teachers whose specific positions have been eliminated have had an opportunity to transfer to positions according to Article XIII, Section 2. b., each displaced teacher shall have the right to transfer to any other teaching position for which he/she is certificated, provided he/she has more seniority in this school district than the teacher in said position. This bumping shall be referred to as "secondary bumping."
d. This procedure shall be followed until all teachers displaced by either primary or secondary bumping have been relocated as determined by their seniority and the number of available positions.
e. Both primary and secondary bumping may be accomplished at (a) meeting(s) arranged by the Board in order to minimize disruption, provided each involved teacher shall have received forty-eight (48) hours notice.
f. Exceptions:
1.) An exception to the transfer rights cited in Article XIII, Section 2. a-e. above could be compliance with accreditation criteria, statutory requirements beyond state certification requirements (i.e. No Child Left Behind Act) or situations wherein the Board may have serious doubts about a teacher's ability to perform satisfactorily in the position requested.
2.) A teacher ▇▇▇ choose voluntary layoff employees covered by this Agreementin order to avoid receiving an undesired position if another teacher to be laid-off accepts the position in question.
3.) Teachers must have a K-12 certificate endorsement for the subject area to transfer to an elementary specialist position (art, music, and physical education).
4.) A teacher referred to in the Letter of Agreement concerning "highly qualified" holding a K-8 All Subjects, a 7-8 All Subjects, or to eliminate a filled position covered K-12 Special Education certificate or endorsement will not qualify for an assignment occupied by this Agreementanother teacher in grades 6-8 for Computer Lit., such layoffs Health, Home Economics (Cooking), Living Skills, Industrial Arts (▇▇▇▇▇), Synergistics, Educational Development Plan (EDP), or eliminations Physical Education.
3. Further, the Board will institute recall procedures, which, when implemented, will provide that teachers will be done recalled in the reverse order of layoff, as follows:a position for which they are certificated becomes available, subject to the same exceptions as outlined in Article XIII, Section 2. f.
a.) by providing 4. A probationary teacher who is laid-off shall remain on the Union and affected employees with at least recall list for two (2) weeks notice of calendar years from the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority . A tenured teacher who is subject laid-off shall remain on the recall list for five (5) calendar years from the effective date of layoff.
5. Refusal to layoff will have report when recalled by the option Board or failure to respond, personally, within fifteen (15) days of the certified mailing shall be considered a resignation and terminate that teacher's right to recall.
6. Notification of a bump recall shall be in writing with a copy to a lower category the Association. The notification shall be sent by certified mail to the teacher's last known address. It shall be the responsibility of employment;
e.) employees who volunteer each teacher to be subjected to layoff, by seniority in notify the job title, and category Board of employment;
f.) employees may drop shift and or category any change of employment any step belowaddress.
Section 27. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee Recalled teachers shall be placed entitled to all leave benefits accrued prior to the layoff as provided in this Agreement.
8. Administrators shall be encouraged to utilize laid-off teachers as substitutes, where practicable.
9. Changes in a position in the bargaining unit in the following sequence:
Step 1: First, they certification while on layoff shall be assigned recognized during recall from layoff status. It is the teacher's responsibility to notify the Board of any vacant position changes in the bargaining unit certification, licensure, or endorsement which may affect positions for which he/she is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionqualified.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Layoff and Recall. Section (1) Layoff of auxiliary employees shall be by classification in reverse order of service seniority block as set out in Memorandum of Understanding 3.
(2) Auxiliary employees laid off subject to (1) above or Clause 24.2(f)(i) or (ii) shall be entitled to displace working junior auxiliary employees within their seniority block. Where such displacement occurs, the employee must be qualified to perform duties of displaced employee and accept work terms of project or maintenance work group involved.
(b) Auxiliary employees on layoff shall be recalled in order of service seniority within a seniority block, provided the auxiliary employee is qualified to carry out the work which is available. The Employer will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established by assembly point based on the scheduling patterns for that unit. Auxiliary employees will not be required to be available for more than three consecutive hours on any one day between the hours of 8:00 a.m. to 6:00 p.m. Unless otherwise specified in writing, the three hour contact period will be set as 3:00 p.m. to 6:00 p.m. Where unforeseen operational requirements result in the Employer recalling auxiliary employees outside of the set contact hours, the provisions of (d)(ii) below shall apply.
(c) Notwithstanding (a) above, auxiliary employees hired for seasonal work or a term certain of less than 20 working days, shall be laid off upon completion of the season or term and shall be subject to recall procedures in accordance with (b) above.
(d) Notwithstanding (a) above, auxiliary employees hired for seasonal work with a term certain of more than 500 hours shall receive as much notice as possible but no less than seven calendar days' notice of layoff in writing if they are to be laid-off prior to the end of their seasonal assignment.
(1) If the Employer is unable to contact auxiliary employees the employees will be immediately advised by registered mail of the date, time, and result of the contact attempt(s), and that they are considered to have been unavailable for work for purposes of Clause 11.4. A contact attempt made by the Employer outside of normal business hours (8:00 a.m. 6:00 p.m.) will not be counted for purpose of Clause 11.4.
(2) In the event it the Employer is necessary not able to layoff employees covered by this Agreement, or to eliminate contact a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice senior auxiliary for work which is offered outside of the effective date of set contact hours and hires a junior auxiliary employee, the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected junior employee shall be placed notified at that time of the proposed duration of the work assignment and will also be informed that a more senior auxiliary may replace them after one shift. The Employer shall then, on the following day and during the set contact hours, place one further call to all senior auxiliaries eligible for recall who had not been contacted the previous day and offer the remainder of the aforementioned work assignment. Where this results in a position senior auxiliary employee claiming the balance of this work assignment, no entitlement to notice of layoff pursuant to Clause 31.3(a) shall apply to the displaced auxiliary.
(3) Where a senior auxiliary employee displaces a junior auxiliary employee pursuant to this clause, and where notice of layoff has been given pursuant to Clause 31.3(a)(i), the Employer shall not be obligated to extend notice of layoff beyond that notice of layoff which has been given. Where no notice of ▇▇▇▇▇▇ has been issued to the displaced auxiliary, the senior auxiliary shall maintain their entitlement to Clause 31.3(a)(i).
(f) Where auxiliary employees are contacted and decline road and bridge maintenance work offered, such decline will be considered to be a decline for purposes of Clause 11.4.
(g) Where auxiliary employees are contacted and decline road and bridge maintenance work, including assignments in an emergency situation, other than for reasons outlined below and communicated to the bargaining unit in the following sequenceEmployer, they will be considered to have declined work for purposes of Clause 11.4:
Step (1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position) Absence on a Workers' Compensation Board claim.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 1. (a) A lay-off is defined as occurring when the University decides to reduce its bargaining unit complement for more than twelve months.
(b) In all cases of layoff, the event it is necessary University shall layoff in reverse order of seniority provided that the employees who are entitled to layoff employees covered by this Agreement, or remain on the basis of seniority are qualified to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing perform the Union and affected employees with at least two (2) weeks notice requirements of the effective date of work. Subject to the layoff;foregoing, probationary and temporary employees shall be first laid off.
b.(c) by subjecting to layoff the least senior An employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will shall have the option of a bump right to a lower category of employment;either:
e.(i) employees who volunteer to be subjected to layoff, by seniority in Accept the job title, layoff and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in on a position in the bargaining unit in the following sequence:recall list for twelve months; or
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which (ii) Displace a more junior employee who is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, an equal or lower classification in the bargaining unit if the employee cannot be placed in their category originally subject to layoff is qualified to perform the requirements of employment, grade, skills, job title and shift, they the work. Such employee so displaced shall be offered laid off, subject to the option rights under this section.
(d) An employee shall have opportunity of recall from a layoff to bump the least senior employee an available opening, in the next lower grade but in their category order of employment and shiftseniority, provided the employee meets is qualified to perform the requirements work required. The parties will agree to up to a 3 day training or familiarity process.
(e) Employees shall have recall rights for hiring into that position the period of one year from the date of lay-off.
(f) The University shall notify an employee of recall opportunity by registered mail, addressed to the last address on record with the University. The notification shall state the job to which the employee is eligible to be recalled and has more seniority than the incumbentdate and time at which the employee shall report for work.
(g) The University shall provide individual employees with notice of layoff in accordance with the Employment Standards Act.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 116.1 (2012) In reducing the work force, employees shall be laid off within their respective classification in reverse order of seniority. In the event it When a lay-off is necessary known to layoff employees covered by this Agreementbe of seven (7) working days or more, or to eliminate a filled position covered by this Agreementseven (7) calendar days notice of lay-off, such layoffs or eliminations will be done as follows:given in writing to affected employees, with a copy to the Chief ▇▇▇▇▇▇▇ and to the Local Union Office.
a.) by providing the Union and affected employees with at least 16.2 A laid off regular full-time employee must exercise his/her seniority within two (2) weeks notice of working days to any other classification within his/her department provided he/she has the effective date of qualifications to perform the layoff;work.
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) 16.3 When a regular full-time employee with has exhausted their seniority who is in their own department he/she may exercise their seniority to displace the junior employee in another department subject to layoff will have having the option of a bump qualifications required to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in perform the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowwork.
Section 2. 16.4 (2001) When an employee is on vacation, personal leave of absence, WCB, justifiable sick leave, Maternity/Parental/Adoption leave on the date of his/her displacement or the abolition of his/her position, the time limits in articles 16.1 and 16.2 apply from the date of his/her return to work.
16.5 To be eligible for recall or call-in, a laid-off employee must register his/her name and address and telephone number, in writing, at time of lay-off, with seniority is subject to layoff the Human Resources office. The employee must keep the Company informed in writing of any changes that may occur in his/her address or has their position eliminated under Section 1 above, such affected employee telephone number. A copy of this shall be placed provided to the Chief ▇▇▇▇▇▇▇ by the employee.
16.6 Laid-off regular full-time employees, who have the qualifications to perform the work, shall be recalled to service in order of their seniority. An employee recalled into a position other than the one in which he/she was laid-off, shall be deemed recalled into his/her laid-off position when said position becomes available.
16.7 A laid off regular full-time employee, when qualified, shall be given preference of employment in filling new positions or vacancies in other than his/her own department.
16.8 An employee, recalled from lay-off, shall be notified by registered mail or equivalent, or by telephone contact to the bargaining unit in last address or telephone numbers on record with the following sequence:Company. A copy of the recall notice shall be given to the Chief ▇▇▇▇▇▇▇.
Step 1: First16.9 When a laid off employee fails to advise the Company of his/her intentions to return to work within five (5) calendar days of receipt of recall notice, or fails to return to work within seven (7) calendar days of receiving a return to work notice, unless due to a bona fide illness and/or victim of an accident, they shall forfeit their seniority rights and their employment shall be assigned terminated forthwith. Receipt of recall notice is deemed to any vacant position be received no later than five (5) days of the date of mailing or in the bargaining unit which event that such notice is their category hand-delivered, the date received, in any case, whichever is first
16.10 Should the Company be in need of employmentadditional work forces for a period not justifying an official recall as per indicated in articles 3.1 (r) and 16.8, gradebecause of a temporary increase in the workload or of an employee’s absence from work, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior it shall call in qualified employee in their category reverse order of employmentlay off. It is understood that such call-in shall not warrant the application of the provisions of article 16.8, gradeonce the call-in is no longer required. An employee refusing two (2) call-in, skillsin a lay off period, job title without a valid and shift. Step 3: Thirdjustifiable reason to the Company, if the employee canshall not be placed entitled to a call-in their category until an official recall is activated. Furthermore, failing a valid and justifiable reason said employee shall not be entitled to grieve for loss of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee revenue in the next lower grade but in their category case of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbenta refusal of call-in.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 1. In ) When it becomes necessary through lack of work or lack of funds to reduce the event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice number of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job titleclassified unit, gradethe following layoff order shall be observed:
A) All seasonal, skillsemergency, shift casual, temporary, substitute and category of employment;
c.) all temporary and then probationary employees shall be laid off first before any permanent employee is laid off. Positions held by probationary employees will be terminated first;rebid before the layoff continues (excludes summer youth program).
d.B) a full-time Thereafter, should it be determined any further reduction in the work force is necessary, the employee with the least amount of total seniority in the designated classification of layoff shall be laid off first.
C) The Employer shall give a fifteen (15) day notice of the intent to reduce the work force to the Union and will provide a current seniority list at the time of such notice.
2) An employee who is displaced from his classification as a result of job abolishment or reduction in the work force shall have the right to exercise his total seniority in the following order:
A) Displace the employee with less total seniority in any equally or lower rated classification (rated classification is based on the base hourly rate of pay) provided the displaced employee meets the minimum qualifications in the classification to which he seeks to exercise his displacement rights. (Paraprofessionals are subject to layoff will have the option of a bump and displacement(s) by Bargaining Unit seniority.)
B) A person who bumps down to a lower category classification shall receive the pay rate for that classification.
3) Laid off and/or displaced employees shall be placed on a preferred recall list and shall have the right of employment;recall for the length of fifteen (15) months for the following:
e.A) employees who volunteer Vacancies within their classification; and,
B) Vacancies within another equally or lower rated classification for which they are capable and qualified to perform, prior to any promotion or hiring from the outside by the Employer.
4) Recall shall be subjected made in the inverse order of layoff or displacement by mailing notice to layoffthe employee’s last known address, by seniority in the job titlecertified mail, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2return receipt requested. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such The affected employee shall be placed in a position in have seventy-two (72) hours to notify the bargaining unit in the following sequence:
Step 1: First, they Employer of their intent to return and shall be assigned have fourteen (14) days to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionreport to duty.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Layoff and Recall. Section 121.1. In The Employer has the event discretion to determine the necessity for and implementation of a layoff in the work force. If such is deemed necessary, it will be administered according to seniority within the job classification affected. All temporary, part-time and probationary employees working in the affected classification will be laid off prior to the termination of a non-probationary employees. Except in cases of emergency, written notice of layoff will be given at least fourteen (14) calendar days in advance of the layoff.
Section 21.2. If an employee is necessary designated for layoff, he/she may be eligible to exercise "bumping" rights within the bargaining unit. "Bumping" rights may be exercised to another position, provided all of the following conditions are met:
A. Position has an equal or lower pay classification than that held by the employee who is exercising seniority rights to "bump".
B. Employee exercising these rights must be fully qualified to perform the duties of such position.
C. Position is held by a less senior employee. If more than one position meets the above conditions, the laid off employee has "bumping" rights only to the position which will offer the most favorable pay situation. If more than one position is determined to offer a "most favorable" pay situation, the laid off employee will be entitled to the position held by the least senior employee.
Section 21.3. An employee to be recalled from a layoff employees covered shall be so notified as far in advance as possible by this Agreementcertified mail, return receipt requested, mailed to his last address as shown on the Employer's record. Any employee so recalled must return within seven (7) consecutive calendar days after receiving such notice, or at the time and date indicated in the notice, whichever is later. Any employee failing to eliminate a filled position covered by this Agreement, such layoffs or eliminations will do so shall automatically lose his/her seniority rights and shall be done terminated. An employee shall be considered as follows:
a.) by providing the Union and affected employees with at least two (2) weeks having received notice of the effective recall as of the date such notice is delivered to his last known address. It is the employee's responsibility to keep the Employer informed of his current address and phone number. Employees on layoff shall be recalled in order of their seniority, prior to hiring of new employees in their affected classification. Employees will not be eligible for recall after they have been in layoff status for more than eighteen (18) months from the date of the layoff;
b.) by subjecting to layoff the least senior employee or . Probationary, part- time and seasonal employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowno recall rights.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 115.01. In the event If it is becomes necessary to layoff reduce the number of employees covered by this Agreementin a job classification due to abolishment of positions, lack of funds, or to eliminate a filled position covered lack of work, the following procedure shall govern such lay-off.
15.02. The number of people affected by this Agreement, such layoffs or eliminations reduction in the force will be done kept to a minimum by not employing replacements, insofar as follows:practical, of employees who resign, retire or otherwise vacate a position.
a.) 15.03. Whenever it becomes necessary to lay-off employees by providing reasons as stated above, affected employee shall be laid off according to seniority within the Union and affected employees classification, with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated laid off first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee Seniority shall be placed defined as the uninterrupted length of continuous service with the Board of Education in a position 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, however, unpaid leaves shall not count towards seniority. In the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category case of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy existsidentical seniority, then the last four (4) digits of the employee’s social security number will be used. The highest number when read as a whole number (example 2000 would read, two thousand, 1999 would read one thousand nine hundred ninety-nine) would then be the most senior employee. A bargaining unit member who is laid off has the right to "bump" a less senior bargaining unit member in another classification, based on system seniority defined as the employee’s uninterrupted length of service with the Board of Education, providing he/she is qualified for the position and has performed such job related duties. In the case of job abolishment, an employee subject to layoff may bump the least senior employee in their category the same classification with the same number of employment, grade, skills, job title and shiftwork hours. Step 3: Third, if If the employee cannot be placed in their category of employmentcan only bump to a position with fewer work hours, gradebased on seniority, skills, job title and shift, they shall be offered the option to he/she must bump the least senior employee in the next lower grade but position with fewer work hours. In all cases, a bumped employee may bump a less senior employee in their category of employment and shiftthe same classification (if any) according to the same process as in the preceding sentences, or bump a less senior employee (if any) in another classification, provided he/she is qualified for the position or has previously worked in the other classification. In a situation where an employee bumps into a position for which they are qualified but have not worked, the employee meets shall serve a ninety (90) work day trial period. The employee may not be removed from the requirements position after the ninety (90) work day trial period for hiring arbitrary and capricious reasons. An employee may not bump into a position that position and has would result in a promotion (i.e., more hours or higher hourly rate).
15.04. The following classifications shall be used for the purpose of defining classification seniority than in the incumbent.event of lay-off:
(a) Head Custodians (b) Custodians
Appears in 2 contracts
Sources: Master Contract, Master Contract
Layoff and Recall. Section 1 Should a layoff become necessary, the following provisions shall Apply:
A. All temporary employees shall be laid off first.
B. Regular employees shall be laid off in order of their seniority in the following manner:
1. Any employee to be laid off shall, in lieu of layoff be able to transfer, based on seniority, to a job of equal or lower grade provided he/she is able to perform the job claimed or to any job higher grade previously held provided the employee was not demoted from that job for reasons of inability to perform the job.
C. Employees being laid off shall be given at least thirty (30) calendar days notice of layoff. The employer shall furnish a copy of such notice to the Union immediately.
D. Employees on layoff shall be recalled in reverse order of their seniority to their same jobs or to jobs of equal or lower grade provided they are able to perform the jobs.
E. No new employees will be hired by the Employer as long as there are employees laid off who have seniority, except to fill positions those on layoff are not qualified to fill.
F. In the event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice or more employees shall have the same seniority date, their placement on the seniority list shall be determined by comparing the last four (4) digits of each employee’s social security number, and next, a flip of the effective date coin conducted by the Employer with a representative of the local union present. The employee with the lower four (4) digit numbers shall be placed highest on the seniority list. (i.e., 0000).
Section 2 When the working force is increased after a layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time recalled according to seniority. Notice of recall shall be sent to the employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, at his/her last known address by seniority in the job title, and category of employment;
f.) employees may drop shift and registered or category of employment any step below.
Section 2certified mail. When If an employee with seniority is subject fails to layoff or has their position eliminated under Section 1 abovereport for work within five (5) working days from the date of mailing of notice of recall, such affected employee he/she shall be placed considered to have quit. Extension will be granted by the employer in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionproper cases.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 101. In Where, because of economy, consolidation or abolishment of functions, curtailment of activities or other, the event Employer determines it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreementreduce the size of its workforce, such layoffs or eliminations will reduction shall be done as follows:made in accordance with the provisions hereinafter set forth.
a.) by providing Section 02. Employees within the Union and affected employees effected bargaining unit shall be laid off according to their departmental seniority with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or being laid off first, providing that all temporary, seasonal, part-time, and probationary employees within the effected bargaining unit are laid off first in the job title, grade, skills, shift and category of employment;above respective order.
c.Section 03. Employee(s) all temporary and then probationary employees will who are laid off from one rank may displace (bump) another employee(s) with lesser departmental seniority in a lower rank within the department.
Section 04. Employee(s) who are displaced (bumped) by a more senior employee shall be terminated first;
d.able to displace (bump) a full-time another employee with lesser seniority who in a lower rated rank pursuant to the provisions of paragraph 03 above.
Section 05. In all cases where an employee is exercising his seniority to displace (bump) another employee, his right to displace (bump) is subject to layoff will have the option conditions that he is qualified for the position and able to perform the functions and duties of a bump the position into which he is attempting to a lower category displace (bump), at the discretion of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowEmployer.
Section 206. When an At the end of the displacing (bumping) process, the employee with seniority who is subject displaced (bumped) and unable or chooses not to displace (bump) another employee pursuant to the above provisions, shall be laid off. However, any employee may waive his right to displace (bump) another employee and accept the layoff.
Section 07. Recalls shall be in the inverse order of layoff or has their position eliminated under Section 1 above, such affected and a laid off employee shall be placed in a position in retain his right to recall for twenty-four (24) months from the bargaining unit in the following sequence:
Step 1: First, they date of his layoff. Notice of recall shall be assigned sent to any vacant position in the bargaining unit which is their category of employmentemployee's address listed on the employer's records and shall be sent by certified mail, grade, skills, job title and shift provided return receipt. An employee who refuses recall or does not report to work within fourteen (14) calendar days from the date the employee meets receives the requirements for hiring into that positionrecall notice shall be considered to have resigned his position and forfeits all rights to employment with the employer.
Step 2: Second, if no vacancy exists, then the employee subject to Section 08. Employee(s) scheduled for layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category given a minimum of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentfourteen (14) days advance notice of layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 1. In the event it is necessary of a layoff, SMMC will notify the affected employees and Union at least sixty (60) days in advance. SMMC agrees to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing meet with the Union and the affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowbargain effects.
Section 2. When an In the event of a layoff, the order of layoff shall be volunteers first, then probationary and temporary employees in any affected department shall be laid off next and then any remaining employees shall be laid off on the basis of seniority.
Section 3. The laid off employee may accept the layoff or bump the least senior employee with seniority is subject to layoff or has comparable level shift and status (full-time/part-time) employee in their department. If no comparable level position eliminated under Section 1 above, such affected employee shall be placed in a position exists in the bargaining unit department or if the laid off employee is the least senior employee in the following sequence:
Step 1: Firstdepartment, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff he/she may bump the least senior employee in the bargaining unit whose position they are qualified for and capable of performing with a 1-week orientation.
Section 4. Employees eligible for Medical Plan Benefits that are laid off shall be able to maintain their category Medical Plan Benefits in accordance with the ongoing premium sharing cost based on the following schedule:
(a) less than one (1) year continuous service, sixty (60) days of Medical Plan coverage;
(b) more than one (1) year but less than five (5) years, one hundred and eighty (180) days of Medical Plan coverage;
(c) more than five (5) years, employee shall receive three hundred and sixty- five (365) days of Medical Coverage.
Section 5. An employee who is laid off shall have recall rights to a position for which he/she is qualified to work for one (1) year. Employees laid off (including any employees who bumped or were bumped) shall be recalled in inverse order of layoff. An employee who declines the offer of a recall to a comparable position shall forfeit further recall rights. An employee who accepts recall to a position with a reduced number of hours shall retain rights to the first comparable position from which he/she was laid off for one (1) year. Probationary and temporary employees do not have recall rights.
Section 6. Employees who are permanently laid off and agree to waive any recall rights shall receive one (1) week of severance pay for each year of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.exceed twelve
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 111.01 In case of a temporary layoff of five (5) working days, or less, the Company will give as much notice to employees as practical. The Company will give a minimum of five (5) days notice to the seniority employees and the Union of any planned layoff of more than five (5) working days. Notice to the Union will be in writing.
11.02 In any case of reduction of employees; employees with the least amount of seniority shall be laid off, provided those remaining employees with more seniority have the skill and ability to meet the normal requirements of the work available. Employees who, within the preceding 12 months have performed the job, or who have been cross-trained, will be considered qualified, following successful completion of a reasonable trial or orientation period of up to five (5) working days. The trial or orientation period may be extended by mutual agreement for an additional period of up to five (5) working days.
11.03 Temporary layoffs will take place on a departmental basis. In the event it case of planned layoff of more than five (5) working days, the following procedure will apply:
a) Probationary employees in the affected department will be laid off first.
b) The displaced employee may apply for the job of any junior employee within his/her department that he/she is necessary qualified to layoff employees covered by this Agreementperform, or elect to eliminate be laid off.
c) If the displaced employee cannot qualify under (b) above, he/she may apply for the job of any junior employee in the Plant that he/she is qualified to perform or elect to be laid off.
d) Should the junior employee in the department be displaced under (c) above, he/she may apply for the job of any junior employee in the Plant, that he/she is qualified to perform, or elect to be laid off.
11.04 Fluctuations in work available, which cause an employee or employees not to be required to work full shifts, shall not constitute a filled position covered by this Agreementlayoff, such layoffs temporary or eliminations will be done as follows:otherwise for the purpose of Article 11.
a.) by providing 11.05 In implementing the Union and affected employees with at least layoff procedure, not more than two (2) weeks notice bumpings are to apply as a result of any one displacement. The displaced employee as a result of a second bumping may apply for the job of the effective date junior employee in the department, or elect to be laid off.
11.06 The Company will provide the Chairperson of the layoff;
b.) by subjecting to layoff the least senior employee or Union Plant Committee with a list of employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layofflaid off or recalled, by seniority in the job title, and category also of employment;any cancellation of such notices.
f.) 11.07 Senior employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject advise the Company that they wish to layoff or has their position eliminated under Section 1 abovebe laid off, such affected employee in which case volunteers shall be placed selected in order of seniority provided the Company retains employees with the skill and ability to do the work available. An employee who has taken a position in layoff by preference may bump back into the bargaining unit with one week’s notice in writing to the Company. This will only apply in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category case of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positiona layoff exceeding five (5) working days.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 11 In the event of a reduction in the work force, employees shall be removed from the job classifications where the reduction is required in accordance with their Bargaining Unit seniority. An employee so removed shall have his choice of any job in the bargaining unit, of equal or less rate of pay for which he is currently fully qualified, provided such job is held by a junior employee. In the event it is necessary an employee accepts a layoff in preference to layoff employees covered accepting a lower rated job, he shall retain recall rights only in his previous job classification. An employee displaced by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will shall also be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowgranted displacement rights.
Section 22 In recalling employees, the Company will notify them by phone, if possible, and by certified mail sent to their most current known address. When Employees will be recalled from layoff by their plant wide Bargaining Unit seniority. Employees recalled from layoff must successfully pass a chemical screen test. Recalled employees who fail the chemical screen test will be recalled to the next available position after successful completion of additional re-screening, provided that at such time the employee has not been on layoff for a period equal to his time of continuous service or three years (see Article IX, Section 3(e)).
Section 3 The chief ▇▇▇▇▇▇▇ or an employee with seniority is subject officer designated by the Union shall have preferred seniority, which shall apply for the purpose of layoffs.
Section 4 Employees returning from a layoff must be physically able to layoff perform the work of the job to which they are being recalled. Employees will not be barred from recall due to injury, illness, or has their position eliminated under Section 1 above, such affected employee shall be placed in any condition existing at the time of layoff. If due to a position in condition not existing at the bargaining unit in the following sequence:
Step 1: Firsttime of layoff, they shall will be assigned to any vacant position in recalled when released by the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionattending physician.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Maintenance Agreement, Maintenance Agreement
Layoff and Recall. Section 101. In Where, because of economy, consolidation or abolishment of functions, curtailment of activities or other, the event Employer determines it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreementreduce the size of its workforce, such layoffs or eliminations will reduction shall be done as follows:made in accordance with the provisions hereinafter set forth.
a.) by providing Section 02. Employees within the Union and affected employees effected bargaining unit shall be laid off according to their departmental seniority with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or being laid off first, providing that all temporary, seasonal, part-time, and probationary employees within the effected bargaining unit are laid off first in the job title, grade, skills, shift and category of employment;above respective order.
c.Section 03. Employee(s) all temporary and then probationary employees will who are laid off from one rank may displace (bump) another employee(s) with lesser departmental seniority in a lower rank within the department.
Section 04. Employee(s) who are displaced (bumped) by a more senior employee shall be terminated first;
d.able to displace (bump) a full-time another employee with lesser seniority who in a lower rated rank pursuant to the provisions of paragraph 03, above.
Section 05. In all cases where an employee is exercising his seniority to displace (bump) another employee, his right to displace (bump) is subject to layoff will have the option conditions that he is qualified for the position and able to perform the functions and duties of a bump the position into which he is attempting to a lower category displace (bump), at the discretion of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowemployer.
Section 206. When an At the end of the displacing (bumping) process, the employee with seniority who is subject displaced (bumped) and unable or chooses not to displace (bump) another employee pursuant to the above provisions, shall be laid off. However, any employee may waive his right to displace (bump) another employee and accept the layoff.
Section 07. Recalls shall be in the inverse order of layoff or has their position eliminated under Section 1 above, such affected and a laid off employee shall be placed in a position in retain his right to recall for twenty-four (24) months from the bargaining unit in the following sequence:
Step 1: First, they date of his layoff. Notice of recall shall be assigned sent to any vacant position in the bargaining unit which is their category of employmentemployee's address listed on the employer's records and shall be sent by certified mail, gradereturn receipt. An employee who refuses recall, skills, job title and shift provided or does not report to work within fourteen (14) calendar days from the date the employee meets receives the requirements for hiring into that positionrecall notice, shall be considered to have resigned his position and forfeits all rights to employment with the employer.
Step 2: Second, if no vacancy exists, then the employee subject to Section 08. Employee(s) scheduled for layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category given a minimum of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentfourteen (14) days advance notice of layoff.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 110.01 When it becomes necessary to lay-off employees in a job classification, probationary employees will be laid off first. In If after the event it lay-off of probationary employees a further lay-off is necessary to layoff then employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, who were transferred and have not attained job seniority on such layoffs or eliminations job will be done transferred back to the job where they last held job seniority. If a further lay-off is necessary then seniority employees will be laid off in accordance with their seniority as follows:
a.a) by providing An employee who was not transferred into the Union job will displace an employee with the least and affected lesser seniority in such job classification, failing which the employee shall be laid off.
b) An employee who was transferred into the job and has job seniority on such job shall displace employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;following order:
f.) employees may drop shift and or category of employment any step below.
Section 21. When displace an employee with less seniority is subject to layoff or on such job, failing which
2. displace an employee with less seniority on job which the senior employee has their position eliminated under Section 1 above, such affected "qualified experience" failing which the employee shall be placed in a position in the bargaining unit in the following sequence:laid off.
Step 1: First, they 10.02 An employee on lay-off and who has recall rights shall be assigned recalled to any vacant position vacancies by the application of the reverse procedure as set forth heretofore in clause 10.01.
10.03 Notwithstanding the bargaining unit which is their category procedure in clause 10.01 and 10.02 herewith the "Board" and the "Union" may by mutual agreement permit an employee who would displace an employee with the least seniority to displace an employee with lesser seniority.
10.04 In all cases of termination of employment, gradeexcepting surplus help lay-off, skillsan employee shall lose seniority and/or service credit, job title and shift provided if and when rehired such shall not be credited to the employee. An employee classed as a probationary employee, on date of lay off shall not if/and when rehired be credited with any service credit. A seniority employee on date of surplus help lay-off will if rehired during the period of recall rights be credited with the amount of seniority held on date of lay-off.
10.05 When it becomes necessary to lay-off an employee or eliminate a position the employee meets will be given thirty (30) days prior notice to the requirements for hiring into that positiondate of lay-off. An employee desiring to leave shall likewise give similar notice.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. a) A layoff of employees shall be carried out in the inverse order of seniority, on the basis of the factors set out in Section 112.04(b). In Subject to the event it foregoing, probationary and Casual Part-Time employees shall be first laid off.
b) Employees on layoff shall be recalled in the order of seniority, provided that the employee is necessary qualified to perform the available work.
c) The Employer shall provide such written notice of layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected to employees with at least two (2as is required by the Employment Standards Act.
d) weeks An employee who has been given a notice of layoff may elect to do the effective date of following:
i) accept the layoff;
b.ii) by subjecting to layoff the least senior displace an employee or employees who has less Bargaining Unit seniority where, in the job titlejudgement of the Employer, gradethe employee has the skill, skillsability, shift experience and category qualifications to perform the work and requires no additional training other than orientation. The employee shall indicate to the Executive Director in writing which of employment;
c.the aforementioned options she wishes to exercise within seven (7) all temporary and then probationary employees will be terminated first;
d.) a full-time calendar days from the date the notice of layoff was received. The employee shall identify the junior employee which she wishes to displace. Any employee displaced by the above procedure shall have the right to displace an employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by less seniority in the job titleBargaining Unit where, in the judgement of the Employer, the employee has the skill, ability, experience and category of employment;
f.) employees may drop shift qualifications to perform the work and or category of employment any step belowrequires no additional training other than orientation.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected e) No new employee shall be placed in a position hired in the bargaining unit classification in which a ▇▇▇▇▇▇ has taken place until laid off employees who retain seniority and are eligible for recall have been given the following sequence:
Step 1: First, they shall be assigned opportunity to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionreturn to work.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 1. 7.1 In the event it is necessary to of a layoff employees covered of five (5) working days or less, the University may layoff on the shift by this Agreementthe operation or classification involved, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees employee(s) in the job titledepartment (Athletics, gradeFacilities Services or Memorial Union) and in that position classification.
7.2 In the event of a layoff in excess of five (5) working days, skills, shift and category of employment;
c.) all temporary and then probationary employees will shall be terminated first;
d.) a full-time laid off from their classification in accordance with their seniority. An employee with seniority who is subject to layoff laid off from his/her classification, seniority permitting, will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump displace the least senior employee in the next classification that is equal to or lower grade but than the classification from which she/he is being displaced and which is the least reduction in their category of employment and shiftpay; provided, provided however, the employee meets is qualified for such classification.
7.3 Employees may be temporarily transferred to another work assignment/position classification for which she/he is qualified for a maximum of twenty-five (25) work days. In the requirements event the position to which the employee is temporarily transferred has a higher entry rate, the employee will receive the greater of (a) the higher entry rate or (b) his/her then current wage rate at such time of his/her assignment. The University will not use this provision for hiring into temporary transfer with the intent and purpose of defeating the other seniority provisions of this Agreement. An employee temporarily transferred under this subsection shall be informed of the reason for such transfer by his/her supervisor.
7.4 The University shall maintain a recall list for each position classification in which employees are laid off, and shall maintain the names of persons on such list by seniority. Each person's name on a recall list shall be removed after eighteen (18) months from such person's separation from service.
7.5 Persons shall be recalled in reverse order of layoff. A person who has obtained other employment as a result of the layoff or who is laid off must return to his/her position classification when work is resumed on the job. Notice of recall shall be made by certified mail to the last known address reported by the person in his/her personnel file.
7.6 A person who fails to respond to a recall notice within three (3) working days after receipt of such notice shall lose all seniority rights and have his/her name removed from the recall list. A person must return to work within five (5) working days after receipt of notice or forfeit all rights to seniority, unless she/he is temporarily incapacitated or is employed elsewhere, in which case she/he must notify the University in writing within three (3) working days from the receipt of notice to return, that position she/he will return within fourteen (14) working days from the receipt of notice, or as soon as her/his health permits. Persons who report temporary incapacitation as a reason for not returning to work within five (5) days of receipt of the recall notice shall provide the University with a medical doctor's report indicating the nature and has more seniority than duration of the incumbentincapacitation and expected date on which such person may reasonably be expected to be able to return to work.
Appears in 2 contracts
Layoff and Recall. Section 1. In (a) A layoff is defined as a reduction in the event it is necessary to layoff employees workforce or a reduction in the hours of work of any employee covered by this Agreement.
(b) An Employee may be laid off because of shortage of work, shortage of Funds or because of the elimination of a position or classification.
18.2 Both parties recognize that job security should increase in proportion to length of service. Accordingly, subject to the other provisions of this Article, in the event of a layoff, Employees shall be laid off by classification in reverse order of their seniority.
18.3 The Employer shall give ten (10) working days notice to Employees to be laid off. If the Employee has not been given such notice, the Employee shall be paid for those days for which the Employee was not given notice.
18.4 In the event that an Employee has received notice of layoff and wishes to exercise bumping rights, the affected Employee will forward a written request to the Director of Human Resources within seven (7) calendar days of receiving the notice of layoff.
18.5 Provided the Employee has the required qualifications, skills, and experience and is immediately able to meet the full requirements of the position; the Employer will transfer the Employee to replace either of the following:
(a) The least senior Employee within the same or a different classification having the same or greater hours of work as the laid off employee within the same geographic area as the Employee; or
(b) The least senior Employee within the same or a different classification having the same or greater hours of work as the laid off employee and within another geographic area as the Employee. Notwithstanding (a) and (b) above, an employee may replace an employee with fewer hours of work by following the procedure outlined in (a) or (b) above. Any employee advised of a reduction of hours of work may choose not to exercise their rights of replacement outlined in this Article.
18.6 Geographic areas shall be defined by mutual agreement as a school or a group of schools, or to eliminate failing agreement, as a filled County.
18.7 Laid off Employees who apply for a position covered by this Agreement, such layoffs or eliminations and are qualified shall be recalled in order of their seniority before external applications are considered.
18.8 No new Employees will be done as follows:hired in any classification that the laid off Employee is qualified to preform until those laid off have been given an opportunity of re-employment.
a.) by providing the Union and affected 18.9 The Employer must provide employees with at least two one (21) weeks month’s notice of its intention regarding the effective date scheduling of the layoff;employees during Christmas, March and summer breaks.
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority 18.10 An Employee who is subject to layoff will laid off shall have the option of a bump to a lower category continuing group life and health and medical in accordance with the terms of employment;
e.the policies provided the Employee pays one hundred percent (100%) employees who volunteer to be subjected to layoff, by seniority in of the job title, and category costs of employment;
f.) employees may drop shift and or category of employment any step belowthe premiums for the plans.
Section 2. When an employee with seniority 18.11 If there are CUPE members on recall in classifications and consideration is subject being given to layoff or has their position eliminated under Section 1 abovecontracting out the work of those same classifications, such affected employee shall the Union will be placed in a position in given the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements opportunity for hiring into that positionconsultation.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.18.12 Notwithstanding Article
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 113.01. Whenever the Employer determines that a layoff is necessary in the bargaining unit due to lack of work or lack of funds, 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 order:
a. Temporary, casual (intermittent), seasonal, and Part-time employees.
b. New hires who have not completed the probationary period.
c. Promoted employees who have not completed the probationary period.
d. Employees who have completed the probationary period, with the least bargaining unit seniority. The order of layoff in each of the above categories shall be determined by least bargaining unit seniority. If two or more employees have the same bargaining unit seniority, the employee with the least classification seniority shall be displaced.
Section 13.03. Employees who are placed on layoff may apply their bargaining unit
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 it that a position in the Vermilion Police Division above the rank of Patrolman is necessary 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 employees covered by may request to receive payment for earned but unused vacation, and personal time benefits. If the employee chooses to not exercise this Agreementoption and the employee is not recalled as set forth in this Article, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations these benefits will be done as follows:
a.) by providing paid anytime during the Union and affected employees with recall period at least two (2) weeks notice the hourly rate earned at the time of layoff without accrued interest. Employees not requesting payment during the recall period automatically will be paid at the end of the effective recall period.
Section 13.06. Laid off employees shall be eligible for recall 24 months from the date of the layoff;
b.) by subjecting to . Recall from layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) made in reverse order of layoff, that is, the last employee placed on layoff from a full-time employee with seniority classification shall be the first to be recalled. Employees who is subject to layoff will have the option of a bump refuse recall to a lower category 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 employment;
e.) employees who volunteer to be subjected to layoff, by notification or recall shall lose seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowrights.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 1The Board of Directors shall determine the education program and services for the Pe Ell School District #301, based upon the educational goals of the District and financial resources available to the following school year. Prior to April 15 of each year, or sooner if possible, the Board shall, accurately as possible, determine present financial status and enrollment and projected financial status and enrollment for the following year. In the event that it can be shown that revenues are not sufficient to support the present size staff, the Board shall consider using the layoff and recall procedures. In the event that a lay off becomes necessary, under the above set forth policies, the following criteria shall be used to determine which certificated staff members shall be retained and which shall be given notice thereof on or before the 15th of May in the same manner as is necessary provided for non-renewal of contract in RCW 28A.58.450. First the Board shall determine which, if any, staff member(s) will not be returning to layoff employees covered the District in the following school year by this Agreementreason of retirement, family transfer, resignation, leave, discharge for cause or to eliminate a filled position covered by this Agreement, non-renewal for cause. Any such layoffs or eliminations projected vacancies shall be then taken into account in determining whether additional reduction in certificated staff will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer necessary. Any certificated staff member to be subjected retained by the District during a lay off must possess a valid Washington State Teaching Certificate for the position to layoffbe filled by him or her. In the event that seniority of teaching in Washington State is equal as between two or more teachers, by seniority in then, as between them, those teachers with the job title, fewest college credits shall be first to be laid off and category those with the most college credits shall be last to be laid off. All certificated personnel not retained as a result of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee lay off shall be placed in an employment pool for one year for possible recall. Employment pool personnel shall be given the first opportunity to fill any position which becomes available on the same basis of seniority as for lay off (most seniority, recalled first: least seniority, recalled last). It shall be the responsibility of each employee placed in the employment pool to notify the board or its designee in writing between January 1 and January 31 of the period during which the employee is placed in the pool, if such employee wishes to remain in the employment pool for the balance of a one-year period. If such notification is not received, the name of any such employee may be dropped from the employment pool. When a vacancy occurs for which persons in the employment pool qualify, notifications from the Board to such individuals shall be by certified mail or by personal delivery. Such individuals shall have five (5) calendar days from the receipt of the written offer to accept the position. If an individual fails to accept a position in the bargaining unit in the following sequence:
Step 1: Firstoffered, they such individual shall be assigned to any vacant position in dropped from the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionemployment pool. The District shall utilize employment pool personnel as substitutes on a first priority basis.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 1(a) Layoff of casual employees shall be by classification in reverse order of service seniority within a seniority unit.
(b) Casual employees on layoff shall be recalled in order of service seniority within a seniority unit, provided the casual employee is qualified to carry out the work which is available.
(c) Notwithstanding (a) above, casual employees hired on a term certain basis shall be laid off upon completion of the season or term and shall be subject to recall procedures in accordance with (b) above.
(d) Casual employees hired for special projects, as mutually agreed to between the Authority and the Union, shall be considered terminated for cause in accordance with Clause 29.4
(a) Loss of Seniority upon completion of their project or program. In The Authority will provide the event it Union with a copy of each appointment letter for employees hired under ▇▇▇▇▇▇ 29.5(d)—▇▇▇▇▇▇ and Recall, within 30 days of the appointment.
(e) The Authority will schedule time periods during which casual employees on layoff will be contacted as work is necessary to layoff employees covered available. These scheduled time periods will be established by this Agreement, or to eliminate a filled position covered by this Agreementseniority units based on the scheduling patterns for that unit, such layoffs that casual employees will not be required to be available more than three hours on any one day or eliminations for more than one period per shift, at their contact point established pursuant to (g) below. Calls made to casual employees outside of the scheduled time periods will be done as follows:treated in accordance with the applicable sections of this article.
a.(f) Casual employees will be advised, in writing, of the scheduled time periods and of any changes thereto. Casual employees, on layoff, are required to be personally available at their contact point during these scheduled time periods. The exceptions to this provision are detailed in (h) and (j) below.
(g) Casual employees will provide a direct communication link that will give them personal contact with their work unit/recall section. This communication link must be appropriate to the Authority's operation and may include telephone, radio telephone, pager, public media, on call boards, written communication, etc.
(1) Where a written communication link is established, a single attempt by providing registered mail will be made to contact the Union and affected employees with at least two casual employees.
(2) weeks notice Where telephone/radio telephone communication is used, two attempts, at least five minutes apart, will be made to contact the casual employees.
(3) Where a pager is used, a single attempt will be made and the casual employee must respond to the Authority within five minutes of the effective date page. Notwithstanding the above, in the case of an emergency situation, a single verbal attempt will be made to contact the casual employees.
(i) Casual employees are responsible for advising their work unit/recall section, in writing, of their current phone number, address, radio call numbers, etc., as established in (g) above, and for the accuracy and completeness of the layoff;
b.) information provided. Where public communication or display media are used by subjecting the Authority to layoff advise casual employees of work available, the least senior employee or casual employees will check such media in the job titlemanner indicated by the Authority. Casual employees are responsible for maintaining the necessary equipment required to receive notice, gradein an operable condition, skillsexcept where such maintenance is beyond their control.
(j) Casual employees on layoff who experience problems with their communication link established under (g) above, shift or who will not be available at their contact point during the scheduled time period for those reasons outlined in (n) below, are required to contact their work unit/recall section in advance of the scheduled time periods as designated by the Authority. The casual employees may be required to contact their work unit/recall section during the scheduled time period to obtain a specific work schedule, etc.
(k) If the Authority is unable to contact casual employees during the scheduled time periods established in (e) above, it will immediately advise the employees by certified mail of the date, time and category result of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job titlecontact attempt(s), and category that they are considered to have been unavailable for work for purposes of employment;
f.Clause 29.4(d)—Loss of Seniority. If the Authority is unable to contact casual employees outside of the scheduled time periods it will not count such unavailability for purposes of Clause 29.4(d)—Loss of Seniority except as specified in (l) employees may drop shift and or category of employment any step below.
Section 2. When (l) Where casual employees are contacted outside of the scheduled time periods and decline work in an employee with seniority is subject emergency situation, other than for reasons outlined in (n) below, they will be considered to layoff or has their position eliminated under Section 1 have declined work for purposes of Clause 29.4(d)—Loss of Seniority.
(m) Where casual employees are contacted during the scheduled time periods established in (e) above, and decline the work offered, such affected employee shall decline will be placed in considered to be a position in the bargaining unit decline for purposes of Clause 29.4(d)—Loss of Seniority.
(n) Casual employees who are unavailable in the following sequencecircumstances, and who call in to their work unit/recall section at the times designated by the Authority, will not have the decline or unavailability count as an occurrence for purposes of Clause 29.4(d)—Loss of Seniority:
Step (1: First) absence on a WCB (WorkSafeBC) claim;
(2) maternity leave, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.parental leave or adoption leave;
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step (3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.) absence on bereavement as per Clause 29.6
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section A. Employees scheduled to be laid off shall receive at least twenty‐one (21) calendar days written notice of ▇▇▇▇▇▇ from the office of Human Resources.
B. Employees on layoff who are interested in substituting within the Division to which they were laid off will notify the Office of Human Resources.
C. If layoffs are necessary, the administration will determine which positions have been eliminated or reduced by 25% or more. The employee(s) holding the eliminated position(s) will be considered “displaced” and the procedures of this section shall be followed.
1. In the event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior An employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will has been displaced shall have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option right to bump the least senior employee within their Division occupying a position within the same benefit level, provided they are qualified for the position. However, if a vacancy at the same benefit level is available for which the displaced employee is qualified, then the employee shall be placed in the next vacancy thus eliminating the need for a layoff. If there is no employee within the displaced employee’s classification with the same benefit level, the displaced employee may bump into another classification within their Division if the displaced employee is qualified.
2. If multiple employees in the same Division are identified for displacement, the lowest senior employees holding the same number of positions in the same benefit level shall be identified. The displaced employees shall choose by seniority from the identified lowest seniority employee positions. Those lowest seniority employees then would be laid off if unable to bump any lower grade but senior positions in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbenta different classification.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Layoff and Recall. Section 1. In the event it is necessary to layoff employees covered by this Agreement: Layoff shall be defined as a reduction in work year day, or hours, as well as an assignment to eliminate a filled position covered by this Agreement, such layoffs or eliminations lower Classification. Layoffs and recalls will be done as follows:based upon seniority within the District. The employee with the least seniority in the Classification in which the reduction of work occurs, will be laid-off first. The employee laid-off may exercise the individual’s District seniority to displace the least-senior employee in the same or any lower rat- ed Classification, on a District-wide basis, whose duties the employ- ee is capable of performing, or accept a voluntary layoff. Employees displaced under this procedure may, likewise, displace other employees on the same basis or accept a voluntary layoff.
a.) by providing a. Employees who exercise their seniority under this section will be paid at the Union rate of the Classification to which they are as- signed. The employee will drop back to a rate comparable to her/his seniority and affected the Classification to which the em- ployee is assigned.
b. Employees who exercise their seniority under this section will be returned to their previous position before any other laid- off employees with at least less seniority, in the Classification from which the senior employee was laid-off, are recalled.
c. Employees who exercise their seniority under this section to assume a new position shall be on a trial basis for a period of thirty (30) working days. During the trial period, the Board shall provide the employee with all assistance, including training to update skills, neces- sary to qualify the employee to perform satisfactorily. However, if, after the employee has been provided with the assistance available, the employee is determined not to be qualified for the new position by the Superintendent, or de- signee, the employee shall be eligible to exercise the rights provided above.
Section 2: Members who are laid-off shall be given a two (2) weeks notice week written no- ▇▇▇▇ and will be placed in seniority sequence, at the top of the effective date em- ployment and substitute lists. Should such members be rehired before they have lost their seniori- ty, the employee will return to work on the same step of the layoff;
b.) by subjecting to layoff Hourly Rate Schedule, unless the least senior employee or employees completed the year, in which instance the job title, grade, skills, shift employee would automatically be eligible for the next increment. All sick leave allowance and category of employment;
c.) all temporary and then probationary employees accumulated benefits will be terminated first;
d.) a full-time restored to the employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowupon return.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee 3: Recall shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category reverse order of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionlayoff.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Secretarial Contract, Secretarial Contract
Layoff and Recall. Section 1: Layoff shall be defined as a reduction in work year day, or hours, as well as an assignment to a lower Classification. In Layoffs and recalls will be based upon seniority within the event it District. The employee with the least seniority in the Classification in which the re- duction of work occurs, will be laid-off first. The employee laid-off may exercise the individual’s District seniority to displace the least-senior employee in the same or any lower rated Classifi- cation, on a District-wide basis, whose duties the employee is capable of performing, or accept a voluntary layoff. Employees displaced under this procedure may, likewise, displace other employees on the same basis or accept a voluntary layoff.
a. Employees who exercise their seniority under this section will be paid at the rate of the Classification to which they are assigned. The employee will drop back to a rate comparable to her/his sen- iority and the Classification to which the employee is assigned.
b. Employees who exercise their seniority under this section will be returned to their previous position before any other laid-off em- ployees with less seniority, in the Classification from which the senior employee was laid-off, are recalled.
c. Employees who exercise their seniority under this section to as- sume a new position shall be on a trial basis for a period of thirty (30) working days. During the trial period, the Board shall provide the employee with all assistance, including training to update skills, necessary to layoff employees covered qualify the employee to perform satisfactorily. However, if, after the employee has been provided with the assis- tance available, the employee is determined not to be qualified for the new position by this Agreementthe Superintendent, or designee, the employee shall be eligible to eliminate exercise the rights provided above.
Section 2: Members who are laid-off shall be given a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks week written notice and will be placed in seniority sequence, at the top of the effective date employment and substitute lists. Should such members be rehired before they have lost their seniority, the employee will return to work on the same step of the layoff;
b.) by subjecting to layoff Hourly Rate Sched- ule, unless the least senior employee or employees completed the year, in which instance the job title, grade, skills, shift em- ployee would automatically be eligible for the next increment. All sick leave allowance and category of employment;
c.) all temporary and then probationary employees accumulated benefits will be terminated first;
d.) a full-time restored to the employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowupon return.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee 3: Recall shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category reverse order of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionlayoff.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Secretarial Contract, Secretarial Contract
Layoff and Recall. Section 1. A. In the event it is necessary to layoff employees covered by this Agreementof a reduction in work force, or to eliminate a filled position covered by this Agreementthe Employer shall first lay off probationary bargaining unit members, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff then the least senior employee bargaining unit members provided those employees being retained are qualified to perform the available work. Bargaining unit members whose positions have been eliminated due to reduction in work force or employees in the job title, grade, skills, shift and category who have been affected by a layoff/elimination of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will position shall have the option right to assume the position of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shiftown classification provided he/she is qualified to perform the job. Step 3: Third, if the employee cannot be placed If there is no one less senior in their category of employmentclassification, grade, skills, job title and shift, they shall be offered the option to bump affected employee may replace the least senior employee in any other classification provided they meet the next lower grade but necessary qualifications for that position.
B. In the event of layoff, the Employer and Union may mutually agree to allow individual bargaining unit members to waive their seniority rights for the purpose of layoff. With the approval of the Employer and the Union, bargaining unit members may, without prejudice to seniority and other rights under the Agreement, waive their seniority in their category the instance of employment and shiftthe Employer instituting a layoff during the period of this Agreement. Such waiver, provided if authorized by the bargaining unit member, shall not be construed to be a waiver of seniority or any other right under the contract including the bargaining unit member’s right to be recalled from such layoff. An employee who voluntarily accepts layoff out of line in seniority may not bump back into the bargaining unit until they are recalled under the normal recall process.
C. In the event of a reduction in the daily work hours of one-half (1/2) hour or more in a classification, a bargaining unit member may use his/her seniority to regain his/her lost hours by displacing the least senior employee in that classification who has a work schedule equal to the more senior employee’s schedule prior to the reduction, subject to the qualifications listed below in paragraph E.
D. Laid off bargaining unit members shall be recalled in order of seniority, with the most senior being recalled first, to any position in the classification from which they were laid off or to any position in a classification from which the employee meets had previously held seniority or to any position for which the employee is qualified. Preference to more senior members will be given when making assignments.
E. Qualifications for the purpose of the Contract shall be as defined by the requirements outlined in Article IX, paragraph F.
F. Notice of recall shall be sent by certified mail to the last known address as shown on the Employer’s records. The recall notice shall state the time and date on which the bargaining unit member is to report back to work. It shall be the bargaining unit member’s responsibility to keep the Employer notified as to his/her current mailing address. A recalled bargaining unit member shall be given five (5) calendar days from receipt of notice, excluding Saturday, Sunday and holidays to report to work. The Employer may fill the position on a temporary basis until the recalled bargaining unit member can report for hiring into that position and has more work providing the bargaining unit member reports within the five (5) day period. Bargaining unit members recalled to full time work for which they are qualified are obligated to take said work. A bargaining unit member who declines recall to work for which he/she is qualified shall forfeit his/her seniority than rights. Bargaining unit members on layoff shall accrue seniority during the incumbentperiod of such layoff.
G. The CAP/MEA shall be given a copy of the layoff list. If there is a disagreement concerning the layoff list, the CESPA/MEA shall have the right to meet with the representatives of the Board to attempt to resolve the disagreement.
H. Employees shall be given notice within thirty (30) days of when the Board of Education takes action.
Appears in 2 contracts
Sources: Para Professional Contract, Collective Bargaining Agreement
Layoff and Recall. Section A. For the purposes of this Agreement, there shall be five classifications of employees:
1. Para-educators
2. Bus drivers
3. Career Technical Education Paraprofessionals
4. Custodians
5. Administrative Assistants
B. Layoff shall be defined as a reduction in the work force within the classification. The Association may request to meet to discuss proposed reductions and the various means to that end.
C. In the event of a reduction in the work force within a classification, the employer shall first layoff probationary employees within that classification, provided there are qualified non-probationary employees to perform the remaining work. If further reductions are necessary, the criteria will be used in the following order to reduce staff:
1. Qualifications (may include: specific training, academic ability and classroom experience as appropriate to the position) 2 Seniority.
D. Employees whose positions have been eliminated shall have the right to be transferred upon request to the position held by the least seniored person within the classification and job description (as stated above in A, 1-5) or choose a position from the substitute list provided they meet the qualifications. The least seniored employee within the bargaining unit may pick from the substitute list for a position (retaining bargaining unit member wages, benefits and rights) or shall be laid off in accordance with the contract. The bumping process will occur only after a school year has ended and must be concluded by August 1 of the next school year.
1. Employees who bump into other positions will be given a thirty (30) work day trial period.
2. Ten and twelve month positions will be treated the same for bumping purposes.
3. Transportation staff qualifications will be determined by the following criteria:
a. Successful completion of all state department requirements (CDL, drug and alcohol testing, etc.)
4. In the event it is necessary to layoff employees covered by this Agreement, or to eliminate of a filled position covered by this Agreement, such layoffs or eliminations unit vacancy the most seniored member on the substitute list will be done as follows:asked first to fill the vacancy. If they decline, the district will continue to offer the vacancy to those on the substitute list, by seniority, until someone accepts. If the position is still open, the least seniored member on the substitute list must fill the vacancy or be laid off in accordance with the contract.
a.) by providing E. No employee shall be laid off pursuant to a reduction in the Union and affected employees with work force unless said employee shall have been notified of said layoff at least two thirty (230) weeks notice of calendar days prior to the effective date of the layoff;layoff unless there is an economic emergency where as much notice as possible up to thirty (30) days will be given.
b.F. Non-probationary employees shall be retained on a recall list for a period of two (2) by subjecting to layoff the least senior employee or employees years. Employees will be recalled in the job title, grade, skills, shift inverse order of layoff to vacancies for which they are qualified within their classification. Notices of recall shall be sent by registered mail to the employee's last known address on file with the District. The notice of recall shall state the time and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time date on which the employee with seniority is to report to work. Employees who is subject fail to layoff will have respond to the option receipt of a bump to a lower category of employment;
e.recall notice within ten (10) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee business days shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they considered terminated from employment. Employees declining recall shall be assigned forfeit any further entitlement to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 1a) If a reduction of regular employees is necessary due to a shortage of work or budgetary restraints, the Employer shall meet with, and advise the Union of the proposed reduction and the jobs affected as soon as possible, and no reduction in staff shall occur until the following procedures are applied. The basic principle in applying layoff to any regular employee shall be last hired, first laid off provided the retained employee can perform the job.
b) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of service or more) will be given to affected employees before the scheduled reduction takes place. If the written notice is not given, pay in lieu will be provided.
c) The Employer will endeavour to place regular employees so affected in other vacant positions within the Victoria Regional Transit System for which, in the opinion of the Employer, they are qualified or will be qualified within a reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) working days. In the event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing cases the Union and affected employees with at least two (2) weeks notice of agrees to waive the effective date of requirement to post. Where placement in an equal level job is made available to an employee, the layoff;employee shall not have any bumping rights under this Article.
b.) by subjecting to layoff the least senior 8.02 A regular employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by and not eligible for placement under 8.01(c), may elect to exercise his bumping rights, in the Victoria Regional Transit System on the following basis:
a) An employee with less seniority in the same job titleclassification, and category of employment;or failing that, either: b)
f.(i) employees may drop shift and or category of employment any step below.
Section 2. When an An employee with less seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit job which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump held as a regular employee, or
(ii) Bumping is also allowed to an equal or lower group that the least senior displaced employee has not previously held but which, in their category the opinion of employmentthe Employer, grade, skills, job title and shift. Step 3: Third, if the employee canis qualified or will be qualified within a reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) working days. If after thirty (30) working days the bump is unsuccessful the employee may choose a second bumping subject to the above criteria. If the second bump is also unsuccessful after thirty (30) working days, the employee shall be placed in their category on the recall list and will fall under the provisions of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentArticle 8.06.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section A. In order to promote an orderly reduction in personnel when the educational program and curriculum are curtailed, the following procedure shall apply:
1. Probationary teachers shall be laid off first provided there are more senior teachers who are certified to fill the remaining positions.
2. In the event a tenure teacher must be laid off, layoff will be on the basis of seniority and certification. Those teachers who are “Highly Qualified” mandated by Federal No Child Left Behind legislation will be confirmed and documented by the Official Michigan Highly Qualified Teacher Report – Revised May 8, 2006. (Highly Qualified Report form in Appendix F-1)
3. No new teachers will be employed by the Board while there are teachers of the district who are laid off unless there are no laid off teachers who are certified to fill the vacancy.
B. Seniority shall be defined as the amount of time continuously employed as a member of the bargaining unit in the Maple Valley School District. Seniority shall be computed on the basis of paid days of employment. Leaves of absence granted pursuant to Article X, Paid Leaves of Absence, shall be considered as paid days of employment.
1. Time spent on layoff shall not be construed as a break in continuous service. Seniority, but not placement on the salary schedule, shall continue to accrue.
2. Time spent on an unpaid leave of absence shall not constitute a break in continuous service, however, seniority and salary schedule credit shall not continue to accrue.
3. A part-time employee shall have seniority computed on a pro-rata basis to coincide with the ratio of instructional time for which he is contracted to the instructional time of an equivalent full time position.
a. Teachers who have voluntarily been placed in a part-time position shall have a right to continue only on a part-time basis, subject to possession of necessary seniority and certification. Such voluntary part-time teachers may apply for transfer to a vacancy in a full time position in accordance with Article VIII.
b. A teacher whose position is reduced from full time due to a partial layoff shall have the right to a position for which he is certified and which is occupied by a bargaining unit member with the least district-wide seniority.
4. Should two (2) or more teachers share the same first day and year of work, relative seniority rankings shall be determined according to the following criteria in the order stated:
a. Date of Board action to hire;
b. Date of individual signing of initial contract; and
c. The individual with the lowest social security number will be first with notification of ranking made at date of hire.
5. After the effective date of this Agreement, only members of the bargaining unit shall possess, accrue and/or retain seniority within the bargaining unit.
C. The Board shall provide the Association with a copy of the seniority list on or before August 15 annually. Such seniority list shall update the bargaining unit member's seniority through the end of the preceding school year.
1. The Association shall have the right to review the seniority and layoff lists prior to the implementation of layoff.
2. In the event of a dispute, the Association shall have the right to file a written grievance with the Superintendent within four (4) workdays of reviewing said list.
D. In the event it is necessary to layoff employees covered by this Agreementreduce staff, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will affected staff shall be done as follows:
a.) by providing the Union and affected employees with notified at least two thirty (230) weeks notice of calendar days prior to the effective date of layoff.
E. Teachers who are laid off during a contract year shall be credited with an advancement of one (1) semester on the layoff;salary schedule provided they were employed for a minimum of sixty (60) days. A full year advancement on the salary schedule shall be credited to teachers employed one hundred and twenty (120) days or more of the school year.
b.F. Recall shall be in reverse order of layoff provided the senior teacher(s) by subjecting is certified for the open position(s).
1. Employees who are notified in writing of recall and fail to layoff respond within five (5) workdays or who fail to report for duty within fifteen (15) days of recall notice shall be considered as resigned.
2. The employee shall lose his right to recall upon refusal of the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option district's offer of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category substantially equivalent to that held at the time of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shiftlayoff, provided the employee meets is not under contract with another school district.
3. The Board shall contact teachers on layoff annually with regard to the requirements teacher's desire to remain on the district's recall list. Such notification shall be by certified mail. Failure to respond within thirty (30) days of notification shall be considered a resignation.
G. In the event of a necessary reduction in staff, the Board agrees to grant any and all requests for leaves of absence irrespective of the employee's position on the seniority list, provided that the granting of such requests does not necessitate the hiring into that position and has more seniority than of new staff.
1. Extensions of such leaves will be at the incumbentdiscretion of the Board.
2. Requests for leaves shall be granted on a semester or school year basis.
3. Seniority, but not salary schedule placement, shall accrue under leaves granted pursuant to Article IX, Section G.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employmentofemployment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Bargaining Agreement
Layoff and Recall. Section 116.1 In the event the Employer finds it necessary to lay off employees due to lack of work, such layoffs shall be on the basis of the employee’s Classification Seniority with the Employer. The employee with the least seniority in the classification affected shall be the first to be laid off.
16.2 Employees shall be given fourteen (14) days’ notice, incases of layoff, except for circumstances that are unforeseeable by management.
16.3 Laid off employees shall be given preference in reemployment if qualified. In the event it is necessary to layoff of recall, employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will shall be done as follows:
a.) by providing recalled in the Union and affected employees with at least two (2) weeks notice of the effective date reverse order of the layoff;.
b.) by subjecting 16.4 The affected employees may exercise one of the following options:
a. The employee may bump a less senior employee in the same or lower paying job classification, provided they are qualified to layoff perform the job, or the employee may bump a less senior employee in his or her former job classification, provided they are qualified to perform the job, if his or her seniority in the former classification exceeds that of the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time classification. The employee with seniority who is subject to layoff will have so displaced may bump the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority least senior in the job titlesame or lower paying classification within their respective classification, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an that employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category his or her former classification if his or her seniority in the former classification exceeds that of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but job classification provided they are qualified to perform the job.
b. The affected employee(s) may opt to fill a vacancy in their category own or lower paying job classification, if in the Employers opinion, they are qualified and have the ability to perform within that classification.
c. Employee(s) who have been laid off or displaced shall have the right of employment and shiftrecall to any former job classification or any other job classification for which they are minimally qualified in the own or lower paying job classification.
d. When work becomes available in that employee’s classification from which they were laid off or displaced, provided they will be recalled in reverse order or their layoff or displacement.
e. For the purposes of recall notification, the Employer shall notify the employee meets by reliable, documented, means at the requirements for hiring into that position last known address supplied by the employee. Employees must notify the Employer within five (5) working days of the date the message was received of their intent to report to work after notification. Employees shall report to work within three (3) working days after indicating their willingness to be reinstated, unless there are mitigating circumstances determined by mutual agreement with the Employer and has more seniority than Employee and/or the incumbentUnion.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. A. Layoff shall be defined as a necessary reduction in the work force beyond normal attrition due to a shortage of funds or lack of work.
B. No employee shall be laid off unless said employee shall have been notified of said layoff at least ten (10) days prior to the effective date of layoff.
C. In the event it is necessary of a layoff, the Board shall first lay off probationary employee(s), then the least seniored employee(s) within the affected classification. In no case shall a new employee be hired by the Board while there are laid-off employees who are qualified for a vacant or newly created position.
D. A laid-off employee may replace an employee within another classification under the following two conditions:
1. The laid-off employee must possess equal or greater classification seniority than the employee to layoff employees covered by this Agreementbe replaced. (For classification interpretation, or see the most recent seniority list.)
2. The laid-off employee must possess greater bargaining unit seniority than the employee to eliminate be replaced.
E. In the event of a filled position covered by this Agreementreduction in the work hours in a classification, such layoffs or eliminations an employee may claim seniority over a less seniored employee 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 Board. In no case shall a reduction of any employee's work hours take effect until the Board gives ten (10) work days written notice to the affected employee. A laid-off employee shall, upon application, and at his/her option, be granted priority status on the substitute list according to his/her seniority. The employee must be qualified for the job, and will be done paid at the substitute rate. Laid-off employees may continue their health, dental, and life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Board. The above practice shall be subject to the rules and regulations of the carrier.
F. A recall list shall be provided by the Board stating the jobs available for reemployment. Recall shall be conducted as follows:
a.) by providing 1. Classification seniority shall apply when the Union and affected employees with at least available position is within an employee's former classification or classification for which the employee possesses seniority.
2. When two (2) weeks notice or more employees possess equal classification seniority for an available position, the employee with the greater bargaining unit seniority shall be given a position. A drawing shall determine a tie where employees possess equal classification and bargaining unit seniority.
3. Bargaining unit seniority shall apply when the available position does not fall within the classification of the effective date of the layoff;
b.) by subjecting to layoff the least senior presently laid-off employee or employees those classifications in which an employee possesses seniority. The employee must be qualified to do the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowjob.
Section 2G. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Board's records. When an The recall notice shall state the time and date on which the employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected 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 placed in 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 position in temporary basis until the bargaining unit in the following sequence:
Step 1: Firstrecalled employee can report for work, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided providing the employee meets reports within the requirements five (5) day period. Employees recalled to work for hiring into that positionwhich they are qualified are obligated to take said work. An employee who declines recall to perform work for which he/she is qualified shall forfeit his/her seniority rights.
Step 2: Second, if no vacancy exists, then the H. Employees on layoff shall retain their seniority for purpose of recall for a eighteen (18) months. Any employee subject to on layoff may bump the least senior employee in their category of employment, grade, skills, job title for more than eighteen (18) months shall lose his/her seniority and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentany further rights under this Agreement.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section 1. (a) In the event it of layoff, the Employer shall layoff employees within their classification from the part-time or full-time seniority list, provided that there remain on the job employees who have the ability and qualifications to perform the work.
(b) For the purposes of layoff, full-time and part-time seniority lists are deemed to be separate except as may be amended below.
(c) An employee who is necessary subject to layoff employees covered by this Agreement, or shall have the right to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as followseither:
a.i) by providing accept the Union layoff; or
ii) displace an employee who has lesser bargaining unit seniority, and affected is of the same status (full-time or part-time) in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff is qualified for and can perform the duties of the identical or lower paying classification without training other than orientation. Such employee so displaced shall be laid off and may bump an employee who is of the same status (full-time or part-time), and who is a less senior employee in a lower or identical paying classification in the bargaining unit, if the employee originally subject to layoff is qualified for and can perform the duties of the lower or identical paying classification without training other than orientation. Such employee so displaced shall be laid off.
iii) where there are no employees with at least two less seniority in lower or identical paying classifications, a laid off employee will have the right to displace an employee with less seniority in another higher paying classification provided she is qualified for and can perform the duties without training other than orientation. Such employee so displaced shall be laid off and subject to the language in (c) ii) paragraph (2) weeks notice of the effective date of the layoff;two.
b.iv) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) where a full-time employee cannot bump another full-time employee in accordance with seniority the above, she can displace a part-time employee in an equal or lower paying classification who is subject less senior provided she is qualified for and can perform the duties of the classification without training other than orientation. Such part-time employee so displaced shall be laid off and shall be entitled to layoff will the rights as set out in (ii) above. A part-time employee who cannot bump another part-time employee shall likewise have the option right to displace a less senior full-time employee provided she is qualified for and can perform the duties of the classification without training other than orientation. Such full-time employee so displaced shall be laid off and shall be entitled to the rights set out in (ii) above. The decision of the employee to choose (i), (ii), (iii) or the above shall be given in writing to Human Resources within seven (7) calendar days following the notification of layoff. Employee failing to do so will be deemed to have accepted the layoff. Any other employee subsequently bumped must exercise their bumping rights within three (3) days of their being bumped.
v) orientation is defined as an opportunity for the Employer to advise the bumping employee of any particular requirements, procedures or aspects of the job and for the bumping employee to become familiar with the job processes and requirements. It is not a bump training period.
(a) An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided she has the qualifications and ability to perform the work without training other than orientation. For clarity, in all matters of posting (permanent or temporary positions) the position(s) will be posted first. Applicants currently working, as well as those on layoff, will be considered in accordance with the job posting procedure, Article 25. A laid off employee shall retain the rights of recall for a lower category period of employment;thirty (30) months from the date of layoff.
e.(b) In determining the ability of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner.
(c) 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.
(d) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(e) It is the sole responsibility of the employee who volunteer has been laid off to notify the Employer of her 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 pursuant to the application of Article 12.08, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within seven (7) working days after being notified. The notification shall state the job to which the employee is eligible to be subjected to layoff, by seniority in recalled and the job title, date and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected time at which the employee shall report for work. The employee is solely responsible for her proper address being on record with the Employer. Employees recalled to temporary positions as a result of being the successful applicant are entitled to refuse such offer without losing their recall rights. Employees recalled to permanent positions as a result of being the successful applicant will be placed in a position in advised that the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets recall satisfies the requirements for hiring into recall in the Collective Agreement and that positionthey will not be entitled to further recall.
Step 2: Second(f) When a laid off employee bids for and is successful in obtaining a posted permanent position, if she shall have no vacancy existsfurther recall rights.
(g) Employees on layoff are responsible for maintaining the necessary qualification for performing the work of the classification from which they are laid off. If the Employer lays off employees from a particular department, then the employee subject to employees will be considered qualified for purposes of recall in that department during their entire recall period, unless absolutely prohibited by law.
12.09 Persons on layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option deemed to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements have applied for hiring into that position and has more seniority than the incumbentall such jobs while they retain recall rights.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1▇. In ▇▇▇▇▇▇ shall be defined as a necessary reduction in the event it is work force beyond normal attrition.
B. No employee shall be laid off pursuant to a necessary to reduction in the work force unless said employee shall have been notified of said layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two fifteen (215) weeks notice of 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.
b.) C. In the event of a necessary reduction in work force, the Board shall layoff on a classification by subjecting 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 layoff replace. The employee replaced shall be the least senior employee or employees with sufficient hours in the job titleclassification.
E. A laid-off employee shall upon application, gradeand at his/her option, skills, shift and category be granted priority status on the substitute list for his/her classification according to his/her seniority.
▇. ▇▇▇▇ off Employees shall be recalled in reverse order of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject layoff to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority positions for which they are qualified in the job title, and category of employment;
f.) employees may drop shift and classification from which they were laid off or category of employment any step belowin classifications in which they have seniority. Qualified is defined as meeting the minimum requirements for the position.
Section 2G. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the employee’s records. When an The recall notice shall state the time and date on which the employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected 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 placed in 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 position 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 bargaining unit in event he/she is not recalled within one (1) year from the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category effective date of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionlayoff.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Secretarial Group Agreement
Layoff and Recall. Section 1. (a) In the event it is necessary to layoff employees covered by this Agreementof lay-off, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or Employer shall lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job title, grade, skills, shift employees who have the ability and category of employmentqualifications as required to perform the work;
c.(b) all temporary and then probationary employees will be terminated first;
d.) a full-time An employee with seniority who is subject to layoff will lay-off shall have the option of a bump right to a lower category of employment;either:
e.(i) employees who volunteer to be subjected to layoff, by seniority in accept the job title, and category of employment;lay-off; or
f.(ii) employees may drop shift and or category of employment any step below.
Section 2. When displace an employee with seniority is subject to layoff or who has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the lesser bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which seniority and who is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, a lower or identical paying classification in the bargaining unit if the employee cannot be placed in their category originally subject to lay-off is qualified, and can perform the duties of employment, grade, skills, job title and shift, they the lower or identical paying classification without training other than orientation. Such employee so displaced shall be offered laid off.
(c) An employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided she has the option ability and qualifications required to bump perform the least senior employee work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the next lower grade but collective agreement shall not apply until the recall process has been completed. In determining the ability and qualifications required as agreed between the parties of an employee to perform the work for the purposes of this paragraph, the Employer shall not act in their category an arbitrary manner.
(d) An employee recalled to work in a different classification from which she was laid off shall have the privilege of employment returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled.
(e) No new employees shall be hired until all those laid off have been given an opportunity to return to work and shifthave failed to do so, provided in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(f) It is the sole responsibility of the employee meets who has been laid off to notify the requirements Employer of her intention to return to work within three (3) 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 Employer (which notification shall be deemed to have been received on the second date of mailing) and 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 for hiring into that position work. The employee is solely responsible for her proper address being on record with the Employer.
(g) Employees on lay-off or notice of lay-off shall be given preference to fill any and has more seniority than all temporary vacancies which the incumbent.Employer expects shall exceed
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section A. Layoff shall be defined as a necessary reduction in the work force causing a severance of employees.
B. Layoff procedure
1. In Site Directors and Activity Leaders will be laid off by job title in reverse seniority order until the event it designated staffing level is necessary reached in each job title.
2. The District reserves the right to layoff reassign employees covered by to locations.
3. Where two sites are combined, the most senior employees in each job title will staff the combined site. The least senior employees at the combined site may displace the least senior of the entire list of employees in their job title through the involuntary transfer procedures of this Agreement, or through layoff and recall provisions, if applicable.
4. If a reduction in force is necessary, the District will provide the option for laid off employees the first right to eliminate substitute positions should they wish to enter the substitute pool. Employees who choose to become substitutes shall maintain their rights to recall. Employees choosing not to enter the substitute pool shall maintain their recall rights.
5. In no case shall a filled new employee be employed by the District while there are laid off employees who are qualified for open positions.
6. Employees will not receive a promotion through a vacancy or newly-created position.
7. Laid off employees whose positions have been eliminated and/or identified for layoff may apply for an open position covered by this in another job title or group for which they are qualified while they are on a layoff status.
a. The District agrees to grant an interview for all positions the employee applies for if they are qualified.
b. The employee is required to submit an application for each position they wish to be interviewed for and must do so during the application period.
c. This provision does not supersede the assignment transfer process outlined in the Agreement, such layoffs or eliminations will .
8. Laid off employees may apply for employment in vacant district positions in other bargaining units. The employee shall be done as follows:
a.) by providing the Union and affected employees with at least granted preference for interviews for two (2) weeks notice SEA-represented positions provided the same employee submits an application during the posted application period and notifies Human Resources of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer their interest to be subjected granted preference. The employee must be qualified for the position for this provision to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowapply.
Section 29. When an employee with seniority At the time another position is subject to layoff or has their position eliminated under Section 1 aboveaccepted, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided Human Resources may inquire about whether the employee meets wishes to remain on Recall for the requirements for hiring into that positionposition from which they were laid off. The employee may waive his/her Recall rights at this time.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. In the event it is necessary to of a the Hospital shall layoff employees covered by this Agreement, or the reverse order of their seniority within their providing that there remain on job employees have the ability to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing perform the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump right to a lower category of employment;
e.) employees who volunteer to be subjected to either: Accept the layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or who has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the lesser bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which seniority and who is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, a lower or identical paying classificationin the bargaining unit if the employee canto layoff has the ability to meet the requirements of thejob in the lower or identical Such employee displaced shall off. Any person displaced through the bumping procedure shall himself or herself entitled to utilize the procedure. In the event the bumping procedure is exhausted withinthe classifications,a laid off employee who does not be placed in their category of employment, grade, skills, job title and shift, they shall be offered have the option seniority to bump within the full-time classificationsshall be given the opportunity to utilize the bumping procedure with respect to the least senior part-time position the laid off seniority has the ability to meet the normal requirements of the job. Where a full-time utilizes the above procedure to employment, his or her right to to employment under is maintained. Such employees transferring i into part-time their full seniority and credits with them. the event a part-time employees the employee who is subject to layoff shallhave the right to either accept the layoff, or displace an employee who has lesser unit seniority and who is the least in a lower or identical paying classificationin the bargaining unit if the employee originally subject to layoff has ability to meet the requirements of thejob in the next lower grade but in their category of employment and shift, provided or identical classification. Such employee displaced shall be laid off.Any person displaced through the employee meets the requirements for hiring into that position and has more seniority than the incumbent.procedure shall or herself entitled to utilize the
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1. In the event it is becomes necessary to reduce the number of bargaining unit members through layoff employees covered by this Agreementof employment, the Board will follow the layoff procedure outlined below:
1. Prior to any necessary reduction of bargaining unit members, the Association president and the superintendent or their assignees, will meet to eliminate a filled position covered by this Agreementreview the contract and plan for implementation of the layoff procedure.
2. The Board will consider the application of any bargaining unit member who voluntarily requests to be placed on layoff status.
3. If reduction is still necessary, such layoffs or eliminations the probationary bargaining unit member with the least seniority (see Section B below) with the Board will be done as follows:
a.) by providing laid off first, provided there is a fully qualified bargaining unit member to replace and perform all the Union and affected employees with at least two (2) weeks notice needed duties of the effective date of the layoff;
b.laid off and/or existing positions. (Seniority is district wide, not classification wide.) by subjecting The Board is not required to layoff the least senior keep any employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position for which he/she is not qualified. Title I Paraprofessionals seniority will be separate and not district wide.
4. If reduction is still necessary, the procedure outlined in paragraph 3 above will be repeated until sufficient reduction is reached.
5. If reduction is still necessary, the procedure outlined in paragraphs 2 and 3 above will be repeated with non-probationary bargaining unit in the following sequence:members until sufficient reduction is reached.
Step 1: First, they shall be assigned to any vacant position in the 6. It is understood that displaced bargaining unit members may exercise their seniority rights by bumping the last senior bargaining unit member with a comparable job which they are qualified to perform. It is their category of employment, grade, skills, job title expressly understood that Regular and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee canSpecial Education Paraprofessionals shall not be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option allowed to bump the least senior employee in the next lower grade but in their category of employment Title I Paraprofessionals and shift, provided the employee meets the requirements for hiring into that position Title I Paraprofessionals shall not be allowed to bump Regular and has more seniority than the incumbentSpecial Education Paraprofessionals.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section 1A. If it becomes necessary for a layoff, the following procedure will be effective. Probationary and temporary employees within a job classification will be laid off first provided a more senior qualified employee in that classification is able to perform the duties of the position. Employees with the least seniority will be laid off in accordance with their seniority within job classifications.
B. A laid off employee may claim the job of a less senior employee provided the employee previously held a position in that classification and the employee has the ability to perform the job. A laid off employee shall not bump a bus driver unless the employee bumping has a valid Michigan State certificate to drive a school bus.
C. Employees to be laid off for an indefinite period of time or ten (10) days or more will have at least seven (7) calendar days' notice of layoff, except in cases of an emergency where it is impossible to do so. Short term layoffs of ten (10) days or less may be given without advance notice. The Union secretary shall receive a list from the Employer of the employees being laid off on or before the same date the notices are issued to the employees.
D. When the working force is increased after a layoff, employees will be recalled according to seniority, as defined in this Agreement, provided the laid off employees have the qualifications and ability to perform the available work. Notice of recall shall be sent to the employee at his last-known address by certified mail. If an employee fails to notify the Superintendent's office in writing of his/her intent to return to work within ten (10) calendar days after a certified (return receipt requested) recall notice is received, he/she shall be considered a quit. The employee who notified the Superintendent in writing of his/her intent to accept recall who then fails to report to work on the first scheduled day for that position shall also be considered a quit.
E. In the event it is necessary to of layoff employees covered by this Agreementonly, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations stewards and the president will be done retained at work as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who long as there is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowwork available which they can perform.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 113.1. The employer has sole discretion to determine the necessity for and implementation of a layoff of the work force. In the event it is necessary to of a layoff, the employees in the affected job classification shall be removed in order of their bargaining unit seniority beginning with the least senior employee. Except in cases of emergency, notice of layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with given at least two fourteen (214) weeks notice of the effective date calendar days in advance of the layoff;. If an employee is designated for layoff, he/she may be eligible to exercise "bumping" rights. "Bumping" rights may be exercised to another position, provided all of the following conditions are met:
b.) A. The position is in the same occupational category. For purposes of this section, occupational categories have been established as follows: Clerical and Road Crew (see Appendix A).
B. The position has an equal or lower point evaluation than held by subjecting the "bumping" employee.
C. The "bumping" employee is fully qualified to layoff perform the duties of such position.
D. The position is held by a less senior employee. If more than one position meets the above conditions, the laid off employee has "bumping" rights only to the position which will offer the highest rate of pay. If more than one position is determined to offer the same rate of pay, the "bumping" employee will be entitled to the position held by the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowemployee.
Section 213.2. When an An employee with to be recalled from a layoff shall be so notified as far in advance as possible by certified mail, return receipt requested, mailed to his/her last address as shown on the Employer's records. Any employee so recalled must return within seven (7) calendar days after receiving such notice, or at the time and date indicated in the notice, whichever is later. Any employee failing to do so shall automatically lose his/her seniority is subject to layoff or has their position eliminated under Section 1 above, such affected rights and shall be removed from the recall list. An employee shall be placed in a position in considered as having received notice of recall as of the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.date
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section A. Reductions in Personnel, Seniority, and Recall If for any reason the Board anticipates a reduction of staff, it shall, prior to taking formal action, consult with the Association to receive recommendations regarding priorities and procedures to be followed. In cases requiring a reduction of the teacher work force, the order of reduction shall be:
1. Temporary employees
2. Probationary teachers
3. Tenure according to seniority, certification, and ability in that order. If a position cannot be filled with a certified teacher in accordance with seniority, the teacher with the next highest seniority shall be retained. If equally qualified by seniority, certification in that order, demonstrated ability to perform shall take precedence.
4. In case of layoff, bargaining unit members so affected shall gain seniority accrual benefit for first year after layoff. This provision would not apply if the event it teacher should during this same time period gain seniority in another teaching bargaining unit. A laid-off Association member shall be considered laid off until he/she is necessary to layoff employees covered by this Agreementreinstated in the District.
5. In all cases, notification of reduction of staff shall be consistent with the Michigan Teacher Tenure Act No. 4 of the Public Acts.
6. Refusal of an offer from the Board of a position for which the laid-off bargaining unit member is certified/licensed, or failure to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.respond within fourteen (14) by providing the Union and affected employees with at least two (2) weeks notice days of the effective date receipt of a written offer of a position made by the Board shall be cause for termination.
7. Notification of a recall shall be in writing with a copy to the president of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2Association. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee The notification shall be placed in a position in sent by certified mail to the bargaining unit in the following sequence:
Step 1: First, they member’s last known address. It shall be assigned to any vacant position in the responsibility of each bargaining unit which is their category member to notify the Board of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionany change in address.
Step 2: Second8. A laid-off Association member shall be, if no vacancy existsupon application, then considered for priority status on the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shiftDistrict substitute teacher list.
9. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they Laid-off Association members shall be offered recalled to the option to bump the least senior employee first vacancy for which they are certified and highly qualified in the next lower grade but in their category reverse order of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentlayoff.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section 13.1 Layoff shall be defined as a necessary reduction in the work force beyond normal attrition. In the event When it is becomes necessary to layoff employees covered reduce staff as determined by this AgreementBoard action, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will the following criteria shall be done as followsused:
a.) A. The District shall determine the number of staff leaving for reasons of: Retirement, normal resignations, leave, discharge, and that these vacancies shall be filled with the existing staff insofar as possible.
B. Positions shall be filled by providing those within the Union and affected employees with District who are qualified as determined by the job description/posting.
3.2 No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee shall have been notified of said layoff at least two thirty (230) weeks notice of calendar days prior to the effective date of the layoff;.
b.) by subjecting to layoff 3.3 In the event of a necessary reduction in work force, the District shall first lay off probationary employees, then the least senior employees by classification. In no case shall a new employee be employed by the District while there are laid off employees who are qualified for a vacant or employees newly created position.
3.4 Employees whose positions have been eliminated due to reduction in work force or who have been affected by a layoff shall have the right to assume a position within their classification for which they are qualified, which is held by the least senior employee.
3.5 In the event of a reduction in the job titlework hours in a classification, gradean employee may claim seniority over another employee for the purpose of maintaining his/her normal work schedule, skillsprovided he/she has greater classification seniority than the employee he/she seeks to replace. In no case shall a reduction of any employee's work hours take effect until the District gives ten (10) work days’ written notice to the affected employee(s).
3.6 A laid-off employee shall upon application, shift and category at his/her option, be granted priority status on the substitute list according to his/her seniority within classification. Laid-off employees serving as substitutes shall be afforded the same due process rights as permanent employees prior to removal from the substitute and recall lists.
3.7 Laid-off employees may continue their health, dental, and vision insurance benefits by electing to participate in the COBRA program.
3.8 Laid-off employees shall be recalled in reverse order of employment;layoff to any position for which they are qualified.
c.3.9 Notices of recall shall be sent by certified or registered mail to the last known address as shown on the District'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 District notified as to his/her current mailing address. A recalled employee shall be given at least five (5) all calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The District 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. An employee who declines recall or fails to report to perform work for which he/she is qualified shall forfeit his/her seniority rights.
3.10 Employees on lay-off shall retain their seniority for purposes of recall for a period of one (1) year from the date of lay-off. Any employee on lay-off for more than one year shall lose his/her seniority and then probationary employees will be terminated first;any further rights under this Agreement.
d.3.11 Employees who are on leave during a reduction-in-force (RIF) a full-time employee with seniority and who is subject to layoff will have the option of a bump are otherwise entitled to a lower category right of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated return under Section 1 above, such affected employee 19 shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned positions or laid off pursuant to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionseniority as determined under this Agreement.
Step 2: Second, if no vacancy exists, then 3.12 The District agrees to grandfather any current (as of 9/1/05) para-educators from the employee subject ESEA “highly qualified” requirements applicable to layoff may bump all new hires. Para-educators not “highly qualified” under ESEA are not qualified for positions for which this designation is required (Title I funded or working in a Title I school-wide building). Employees who have been “grandfathered” by the least senior employee in state shall not have to meet ECEAP certification requirements and shall receive additional ECEAP compensation. Employees who are presently working on ECEAP certification requirements shall receive additional compensation upon completion of their category of employment, grade, skills, job title and shiftcertification. Step 3: Third, if Employees who fail to obtain ECEAP certification within the employee cannot timelines prescribed by statute will be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentnon-ECEAP positions.
Appears in 1 contract
Sources: Collectively Bargained Agreement
Layoff and Recall. Section 19:01 In the event of a lay off, employees shall receive notice or pay in lieu of notice as follows:
(a) Less than five (5) years service, a minimum of four (4) weeks,
(b) At least five (5) years and less than ten (10) years of service, six (6) weeks, or
(c) At least ten (10) years of service, eight (8) weeks.
19:02 Employees shall be laid off in reverse order of seniority.
19:03 An employee who is laid off shall be entitled to exercise her seniority to bump into any classification within the scope of this Agreement with the same or lower salary range, provided she possesses the qualifications and ability sufficient to perform the required work, or she may choose to accept layoff. Any employee thus displaced shall have the same rights.
19:04 Notice of layoff shall be given by personal service or by registered mail to the employee and a copy of the notice will be provided to the Union.
19:05 An employee who is on layoff shall not be entitled to notice of layoff when she returns to work on an incidental basis.
19:06 No new employee shall be hired to fill vacancies when employees who are eligible for recall are qualified, able and available to fill the vacancy.
19:07 Employees on layoff are to be recalled in order of seniority.
(1) week of such notice, confirming her intention to return to work as scheduled. The employee shall return to work within fourteen (14) days of receipt of the notification. An employee who declines to return to a position comparable to that held prior to layoff, without reasonable cause, shall be considered terminated.
19:08 An employee recalled to work in a different classification from which she was laid off shall have the right to return to the position she held prior to the layoff should it become vacant within one (1) year of being called back and such vacancy shall not be subject to the job posting procedure.
19:09 To be eligible for recall, prior to the employee’s last shift worked, the employee must provide the Employer with her current address, and further, must inform the Employer of any address changes.
19:10 An employee who exercises her seniority rights shall be entitled to a four (4) week familiarization period. In the event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot function effectively in the position at the conclusion of the familiarization period, she shall be placed directly onto layoff status and the person originally displaced from the position shall, if not yet recalled, be returned to the position.
19:11 Laid off employees shall be entitled to apply for job vacancies other than those to which they have recall rights.
19:12 Accumulated vacation entitlement shall be paid out at time of layoff, unless the parties agree otherwise.
19:13 Employees who are absent from work due to an approved leave of absence shall be advised of layoff in their category accordance with this Agreement and shall be required to comply with all provisions of employment, grade, skills, job title and shift, this Agreement except that they shall not be offered expected to return to work prior to the option to bump expiry of their leave of absence.
19:14 Where an employee alleges that the least senior employee employee’s layoff has not been in accordance with this Agreement, the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.grievance
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 110.01 When it becomes necessary to lay-off employees in a job classification, probationary employees will be laid off first. In If after the event it lay-off of probationary employees a further lay-off is necessary to layoff then employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, who were transferred and have not attained job seniority on such layoffs or eliminations job will be done transferred back to the job where they last held job seniority. If a further lay-off is necessary then seniority employees will be laid off in accordance with their seniority as follows:
a.a) by providing An employee who was not transferred into the Union job will displace an employee with the least and affected lesser seniority in such job classification, failing which the employee shall be laid off.
b) An employee who was transferred into the job and has job seniority on such job shall displace employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;following order:
f.) employees may drop shift and or category of employment any step below.
Section 21. When displace an employee with less seniority is subject to layoff or on such job, failing which
2. displace an employee with less seniority on job which the senior employee has their position eliminated under Section 1 above, such affected "qualified experience" failing which the employee shall be placed in a position in the bargaining unit in the following sequence:laid off.
Step 1: First, they 10.02 An employee on lay-off and who has recall rights shall be assigned recalled to any vacant position vacancies by the application of the reverse procedure as set forth heretofore in clause 10.01.
10.03 Notwithstanding the bargaining unit which is their category procedure in clause 10.01 and 10.02 herewith the "Board" and the "Union" may by mutual agreement permit an employee who would displace an employee with the least seniority to displace an employee with lesser seniority.
10.04 In all cases of termination of employment, gradeexcepting surplus help lay-off, skillsan employee shall lose seniority and/or service credit, job title and shift provided if and when rehired such shall not be credited to the employee. An employee classed as a probationary employee, on date of lay off shall not if/and when rehired be credited with any service credit. A seniority employee on date of surplus help lay-off will if rehired during the period of recall rights be credited with the amount of seniority held on date of lay-off.
10.05 When it becomes necessary to lay-off an employee or eliminate a position the employee meets will be given thirty (30) days prior notice to the requirements for hiring into that positiondate of lay-off. An employee desiring to leave shall likewise give similar notice.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they 10.06 No bargaining unit work shall be offered done under the option to bump the least senior employee auspices of an “Ontario Works” (Workfare) or similar program if this results in the next lower grade but lay off or reduction in their category hours of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentan existing bargaining unit member.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. In the event When it is necessary to layoff employees covered by this Agreementdetermined that a reduction in force is necessary, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the County shall notify the Union as soon as possible. The order of layoff shall be by seniority. The employee with the least seniority shall be the first laid off.
Section 2. No full-time status employees shall be laid off as long as there are provisional, part-time, temporary, seasonal, intermittent, emergency, on-call or probationary employees working in the affected classifications.
Section 3. An employee who has received notice of layoff shall have the privilege of bumping an employee in the same class in his Department with less continuous County service. If there are no employees in the same class with less continuous County service, he may move to the next lower classification in the class family in the employee's department.
Section 4. The names of status employees who have been laid off shall be placed on a layoff list, and affected employees with at least shall be eligible for recall for a period of one (1) year, and the County shall rehire in the reverse order of layoff. A laid off employee subject to recall who is employed elsewhere shall not be required by the County to report until after the expiration of two (2) weeks notice of from the effective date of the layoff;
b.) by subjecting notice. If such employee is not employed elsewhere, he shall be required to layoff report to work at the least senior employee or beginning of the next pay period following recall. The County shall provide employees subject to recall with written certified notice of recall mailed to their last known address on record in the job title, grade, skills, shift and category of employment;Personnel Department. Employees on the layoff list shall be responsible for making their current address available to the
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time Section 5. An employee with seniority who is subject to layoff will have shall be provided with notice of layoff in writing at least fifteen (15) calendar days prior to the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 26. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 aboveexercises retreat rights in lieu of layoff, such affected the employee shall be placed paid at a rate which most nearly approximates his rate of pay immediately prior to the layoff if available in the pay grade. If the employee's rate of pay prior to the layoff is higher than step 6 of the lower pay grade, the employee will be paid at step 6 of the lower pay grade.
Section 7. No new employees shall be hired into a classification in the Department where employees have been laid off from that classification until all employees on layoff status in that Department and classification desiring to return to work have been notified of vacancies.
Section 8. Employees displaced by the elimination of jobs through consolidation (combining of two jobs or more), the installation of new equipment or machinery, the curtailment or replacement of existing facilities or for any other reason, shall be permitted to exercise their seniority rights to bump into another position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee class family in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, Department for which they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentare qualified.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. 10:01 In the event it is necessary of a layoff, employees shall receive four (4) weeks’ notice or pay in lieu of such notice. Written notice shall be given by personal service or registered mail to layoff the employee(s) concerned and a copy of the notice shall be forwarded to the Union.
10:02 In the event of a reduction in the work force, employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done laid off in reverse order of seniority within their occupational classifications. When reducing staff, senior employees may exercise their seniority to displace a less senior employee in an equivalent or lower classification provided the employee has a satisfactory work record, possesses the qualifications, and meets the physical requirements of the position in question.
10:03 No new employee shall be hired until those laid off have been given an opportunity to bid on vacated positions as follows:per Article 8:02 of the Collective Agreement.
a.10:04 Employees laid off in accordance with Article 10:01 shall be recalled by order of seniority to available positions in equal or lower EFT status and equal or lower paid occupational classifications provided they are qualified to perform the required work.
10:05 To be eligible for recall, prior to the employee’s last shift before being placed on layoff status, the employee must provide the Employer with their current address, and further, during the layoff period, must inform the Employer immediately of any address changes.
10:06 As per Article 10:05, the employee must communicate with the Employer within seven (7) calendar days of his notice of recall being delivered to his recorded address. Further, the employee must be prepared to begin work at the time designated by providing the Union and affected employees with at least Employer. When recalling a laid off employee, the Employer will take into consideration the two (2) weeks week notice period required by the Employment Standards Code.
10:07 The right of the effective date of the layoff;
b.) by subjecting a person who has been laid off to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees be rehired under this Agreement will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, forfeited and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit considered terminated in the following sequencecircumstances:
Step 1: First, they shall be assigned to any vacant position (a) If the person did not communicate with the Employer as specified in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionArticle 10:06.
Step 2: Second(b) If the person did not report to work when instructed to do so and fails to provide a written explanation satisfactory to the Employer.
(c) A twenty-four (24) month period has elapsed since the date of layoff, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentas per Article 8:04(d).
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1. In The Employer has the event discretion to determine the necessity for and implementation of a layoff in the work force. If such is deemed necessary, it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing administered according to seniority within the Union job classification affected. All temporary, part-time and probationary employees working in the affected employees with classification will be laid off prior to the termination of a non-probationary employees. Except in cases of emergency, written notice of layoff will be given at least two fourteen (214) weeks notice of the effective date calendar days in advance of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When If an employee with is designated for layoff, he/she may be eligible to exercise "bumping" rights within the bargaining unit."Bumping" rights may be exercised to another position, provided all of the following conditions are met:
A. Position has an equal or lower pay classification than that held by the employee who is exercising seniority rights to "bump".
B. Employee exercising these rights must be fully qualified to perform the duties of such position.
C. Position is subject held by a less senior employee. If more than one position meets the above conditions, the laid off employee has "bumping" rights only to the position which will offer the most favorable pay situation. If more than one position is determined to offer a "most favorable" pay situation, the laid off employee will be entitled to the position held by the least senior employee.
Section 3. An employee to be recalled from a layoff shall be so notified as far in advance as possible by certified mail, return receipt requested, mailed to his last address as shown on the Employer's record. Any employee so recalled must return within seven (7) consecutive calendar days after receiving such notice, or has their position eliminated under Section 1 aboveat the time and date indicated in the notice, such affected whichever is later. Any employee failing to do so shall automatically lose his/her seniority rights and shall be terminated. An employee shall be placed in a position in considered as having received notice of the bargaining unit in recall as of the following sequence:
Step 1: First, they shall be assigned date such notice is delivered to any vacant position in his last known address. It is the bargaining unit which is their category employee's responsibility to keep the Employer informed of employment, grade, skills, job title his current address and shift provided the employee meets the requirements for hiring into that positionphone number.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. In 9:01 When the event number of employees in a classification must be reduced, it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will shall be done as followsin the following order:
a.(i) by providing Layoffs shall first originate in the Union job classification and affected employees the department where the lack of work necessitates a reduction in work force.
(ii) Any probationary employee in the job classification (Company-wide) shall first be laid off before any employee with at least two seniority.
(2iii) weeks notice Following completion of the effective date of the layoff;
b.(ii) by subjecting to layoff above, the least senior employee or employees on a temporary posting within the affected classification shall be returned to his/her former job as referred to in the job title, grade, skills, shift 10:08 (a) and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below(b).
Section 2. When an employee with seniority is subject to layoff or (iv) Once this has their position eliminated under Section 1 abovebeen accomplished, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the classification involved (Company-wide) shall be displaced.
(v) Such employee shall, consistent with his/her seniority and his/her ability to perform the job, displace the least senior employee within the same salary grade. If such employee cannot displace as stated above, he/she will displace the least senior employee in another classification in the same salary grade. This procedure will be followed for every classification in the grade and then in the next successively lower grade but in their category of employment and shift, provided salary grades.
(vi) If the employee meets cannot displace an employee in Section (v) he/she shall be laid-off.
9:02 In the requirements event of a dispute regarding the ability of a senior employee, pursuant to Letter of Understanding #1 (i) Extended Layoff, he/she shall be allowed a minimum of five (5) continuous regular working days to a maximum of ten (10) continuous regular working days to prove such ability under instructions comparable to that of a new hiree. Trial period results will be discussed jointly with the Employee, the Company and the Union.
9:03 Consistent with their seniority, employees displaced to another job have the right to return to their highest posted classification/business unit for hiring into a period equal to the seniority he/she has acquired up to the time of the displacement to another job or for three (3) years from the time of the displacement to another job, whichever is longer, providing that such job becomes vacant. Subsequent bids to a lesser position will not jeopardize this right. After the expiration of such period, the job, when vacant, will then be posted and has more seniority the employee will only have the right with other employees of making application for the job under such posting.
9:04 In cases of downgrades an employee shall have the option of either accepting a position in accordance with the lay-off procedure or being laid-off with full recall rights and any benefits he/she is entitled to under the Collective Agreement.
9:05 Employees who have elected lay-off under the provisions of (9:04) above will be eligible for recall in accordance with the following:
(i) Employees will continue to be eligible for recall in accordance with Section (9:06) below for any available work in the same salary grade at the time of layoff.
(ii) Employees will not be contacted for any available work which is lower than the incumbentemployee’s grade at the time of layoff, unless written notice is received from the employee confirming his/her desire to be recalled to any work which comes available, regardless of salary grade, insofar as his/her seniority and ability will allow when a vacancy occurs.
9:06 When there is a vacancy, after steps outlined in Article 10 have first been exhausted and before new employees are hired, employees on layoff shall be recalled to work in order of seniority, using the overall list of laid-off employees. This shall be done in the following order: Senior employee to the most Junior employee, who by virtue of seniority must be capable of doing the work in an efficient manner will be canvassed for recall. In the event that no employee is identified, the most Junior employee capable of doing the work in an efficient manner will then be recalled from layoff.
9:07 Employees who have been recalled to work to fill temporary assignments will be subsequently laid-off once the temporary assignments have expired. When more than one employee has been recalled to work to fill similar temporary assignments, such employees will return to layoff consistent with their seniority. While at work on temporary assignments, employees will not exercise their seniority rights as outlined in Sections 9:01 and 9:03. A temporary assignment shall be defined as any vacancy less than thirty-one (31) regular working days in duration. This time limit may be extended by mutual agreement. The level of Supplemental Unemployment Benefits payable to such employees will not be affected due to temporary recalls.
9:08 Management of the Company, before undertaking an indefinite layoff of seniority employee(s), will meet the Office Committee to discuss the general aspect of such layoff. Such meeting will take place prior to the announcement of the layoff effective date.
9:09 In the case of layoff, a list of employee(s) to be laid off will be made available to the Union Chairperson and employee(s) at least two and one-half (2 1/2) working days prior to the layoff becoming effective. However, it is understood that the Union Chairperson will be informed before the affected employees.
Appears in 1 contract
Sources: Memorandum of Agreement
Layoff and Recall. Section 1. In When the event it is necessary to layoff employees covered by this AgreementEmployer determines layoffs are necessary, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will the following procedures shall be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowfollowed.
Section 2. When an employee with seniority is The Employer shall determine which classification series shall be subject to layoff reductions.
A. Seasonal or has temporary employees in the respective classification series.
B. Probationary employees in the respective classification series. In the event of further reductions in force, employees will be laid off from the affected classification series in accordance with their position eliminated under agency service credit.
Section 1 above, such affected employee 3. Employees who are laid off shall be placed in on a position recall list for a period of one (1) year. If there is a recall, employees shall be recalled, in the bargaining unit in the following sequence:inverse order of their layoff.
Step 1: FirstSection 4. If an employee is recalled to a lower rated position within their classification series, they shall be assigned have the right to any vacant position return to the job classification they held prior to being laid off, in the bargaining unit which is their category event it subsequently becomes available within one (1) year of employment, grade, skills, job title and shift provided the initial layoff.
Section 5. Employees shall be given notice of layoff five (5) work days prior to such layoff occurring. Notices shall either be hand delivered or sent by regular U.S. Mail to the employee's last recorded address. A copy shall be furnished to the Local Union representative.
Section 6. Employees who are eligible for recall shall be given a notice of return to work ten (10) work days prior to such return to work order. Such notice shall be sent by Certified Mail or hand delivered to the employee's last recorded address. A copy shall be furnished to the Local Union representative. Failure to return from such recall notice shall constitute a voluntary resignation. The Employer may also call the employee meets to advise of a recall notice. The employee with the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then approval of the Employer may return to work sooner than the ten (10) day notice on the next regular work day. A memo to the employee subject to layoff may bump and the least senior employee in their category Local Union will document the results of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbenttelephone conversation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section A. In order to promote an orderly reduction in personnel when the educational program and curriculum are curtailed, the following procedure shall apply:
1. Probationary teachers shall be laid off first provided there are more senior teachers who are certified to fill the remaining positions.
2. In the event a tenure teacher must be laid off, layoff will be on the basis of seniority and certification. Those teachers who are “Highly Qualified” mandated by Federal No Child Left Behind legislation will be confirmed and documented by the Official Michigan Highly Qualified Teacher Report – Revised May 8, 2006. (Highly Qualified Report form in Appendix F-1)
3. No new teachers will be employed by the Board while there are teachers of the district who are laid off unless there are no laid off teachers who are certified to fill the vacancy.
B. Seniority shall be defined as the amount of time continuously employed as a member of the bargaining unit in the Maple Valley School District. Seniority shall be computed on the basis of paid days of employment. Leaves of absence granted pursuant to Article X, Paid Leaves of Absence, shall be considered as paid days of employment.
1. Time spent on layoff shall not be construed as a break in continuous service. Seniority, but not placement on the salary schedule, shall continue to accrue.
2. Time spent on an unpaid leave of absence shall not constitute a break in continuous service, however, seniority and salary schedule credit shall not continue to accrue.
3. A part-time employee shall have seniority computed on a pro-rata basis to coincide with the ratio of instructional time for which he is contracted to the instructional time of an equivalent full time position.
a. Teachers who have voluntarily been placed in a part-time position shall have a right to continue only on a part-time basis, subject to possession of necessary seniority and certification. Such voluntary part-time teachers may apply for transfer to a vacancy in a full time position in accordance with Article VIII.
b. A teacher whose position is reduced from full time due to a partial layoff shall have the right to a position for which he is certified and which is occupied by a bargaining unit member with the least district-wide seniority.
4. Should two (2) or more teachers share the same first day and year of work, relative seniority rankings shall be determined according to the following criteria in the order stated:
a. Date of Board action to hire;
b. Date of individual signing of initial contract; and
c. The individual with the lowest social security number will be first with notification of ranking made at date of hire.
5. After the effective date of this Agreement, only members of the bargaining unit shall possess, accrue and/or retain seniority within the bargaining unit.
C. The Board shall provide the Association with a copy of the seniority list on or before August 15 annually. Such seniority list shall update the bargaining unit member's seniority through the end of the preceding school year.
1. The Association shall have the right to review the seniority and layoff lists prior to the implementation of layoff.
2. In the event of a dispute, the Association shall have the right to file a written grievance with the Superintendent within four (4) workdays of reviewing said list.
D. In the event it is necessary to layoff employees covered by this Agreementreduce staff, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will affected staff shall be done as follows:
a.) by providing the Union and affected employees with notified at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.thirty
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section 1. In the event it the CITY determines that a layoff is necessary to layoff employees covered by this Agreementoccur in a job classification, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in that job classification shall be laid off on the job title, grade, skills, shift and category basis of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by their seniority in the CITY. The employee in the affected job titleclassification possessing the least total time with the CITY, and category exclusive of employment;
f.) employees may drop shift and or category any breaks in service shall be the first one to be laid off. For the purposes of this Article a break in service shall be defined as a separation from CITY employment any step belowlasting in excess of 30 calendar days, other than an absence arising from an approved leave.
Section 2. When an The CITY shall give no less than thirty (30) calendar days notice to those employees and to G.A.M.E., who are to be laid off; however, if the notice is less than thirty (30) calendar days, then the CITY shall pay the laid off employee's wages for as many days as the notice is deficient.
Section 3. An employee who receives a layoff notice may submit a written request to the Human Resource Department within seven (7) days of receipt of the notice stating that he or she wishes to displace another employee with less seniority in the same job classification or in a lower paid classification in the same classification series, or to a previously held position provided he or she can perform work which remains available as assigned by the CITY without further training or education, other than minor orientation.
Section 4. In the event any position is subject deleted from the budget and later restored within eighteen (18) months, the employee who originally vacated such position due to a layoff or shall have the right to be reinstated to that position. The CITY shall not subvert this section by creating a new position with substantially the same responsibilities as the position which has their position eliminated under been abolished.
Section 1 above, such affected 5. A laid off employee shall be placed in a recalled if his/her former position in or any other position to which he/she has recall rights opens within eighteen (18) months following the date of his or her layoff. If after eighteen (18) months the employee has not been recalled they will be considered separated from service from the CITY.
Section 6. Laid off employees will be notified of bargaining unit in the following sequence:vacancies for
Step 1: First, they shall be assigned Section 7. If a laid off employee accepts recall to any vacant position in with the bargaining unit which is their category of employmentCITY, grade, skills, job title and shift provided the employee meets retains his or her recall right to the requirements original job for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category a period of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.eighteen
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1A layoff for the purpose of this agreement shall be defined as a termination of employment because of lack of work or because of the discontinuanceof a function.
(a) In the event of layoff, and where qualifications and ability are equal reverse seniority shall apply to layoffs; that is, employees with less seniority holding a certain classificationor lower classification in the classification series shall be laid off before employees with greater seniority holding that classification,provided that, in the case of an employee holding the lower classification in the series being laid off, the employee with greater seniority is willing to move to the lower classificationjob and rate of pay and has the qualifications and ability to perform the duties of the position. The unit of operation for this Article shall be: the bargaining unit, the Department or Agency (by Region or District) the classificationseries, or classification where no series exists. In the event it is necessary of lay-off casual and temporary persons who have attained employee status by virtue of being employed for a continuousperiod of six months or more shall be laid off first. The provisions of this Article shall also apply to layoff all employees in all Departments or Agencies covered by this Collective Agreement, or . Subject to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice Section of the effective date Public Service Labour Relations Act, employees shall be recalled in the reverse order that they were laid off. Recall shall be subject to the employee having the qualificationsand ability to perform the duties of the layoff;
b.) by subjecting position. Employees laid off shall be given preference to job opportunities, prior to hiring of new persons, in other classifications if they are qualified and able to perform the work available. The parties of this agreement acknowledge that the provisions of this article are subject to and intended to be in accordance with the Civil Service Act and Regulations and the rights and protections with respect to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject are applicable to layoff will have the option of a bump to a lower category of employment;
e.) those employees who volunteer have attained Civil Service Status. The parties recognize that pursuant to be subjected to layoffSection of the Public Service Labour Relations Act that where a conflict occurs between the provisions of this article and the Civil Service Act, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowCivil Service Act shall prevail.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. 10:01 In the event it is necessary of a layoff, employees shall receive four (4) weeks’ notice or pay in lieu of such notice. Written notice shall be given by personal service or registered mail to layoff the employee(s) concerned and a copy of the notice shall be forwarded to the Union.
10:02 In the event of a reduction in the work force, employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done laid off in reverse order of seniority within their occupational classifications. When reducing staff, senior employees may exercise their seniority to displace a less senior employee in an equivalent or lower classification provided the employee has a satisfactory work record, possesses the qualifications, and meets the physical requirements of the position in question.
10:03 No new employee shall be hired until those laid off have been given an opportunity to bid on vacated positions as follows:per Article 8:02 of the Collective Agreement.
a.10:04 Employees laid off in accordance with Article 10:01 shall be recalled by order of seniority to available positions in equal or lower EFT status and equal or lower paid occupational classifications provided they are qualified to perform the required work.
10:05 To be eligible for recall, prior to the employee’s last shift before being placed on layoff status, the employee must provide the Employer with their current address, and further, during the layoff period, must inform the Employer immediately of any address changes.
10:06 As per Article 10:05 above, the employee must communicate with the Employer within seven (7) calendar days of his notice of recall being delivered to his recorded address. Further, the employee must be prepared to begin work at the time designated by providing the Union and affected employees with at least Employer. When recalling a laid off employee, the Employer will take into consideration the two (2) weeks week notice period required by the Employment Standards Code.
10:07 The right of a person who has been laid off to be rehired under this Agreement will be forfeited and shall be considered terminated in the effective following circumstances:
(a) If the person did not communicate with the Employer as specified in Article 10:06.
(b) If the person did not report to work when instructed to do so and fails to provide a written explanation satisfactory to the Employer.
(c) A twenty-four (24) month period has elapsed since the date of layoff, as per Article 8:04(d).
10:08 Notwithstanding Article 21:11, providing the employee has indicated to the Employer a desire to work additional available shifts in writing, such shifts shall be offered to an employee on layoff;, before part-time and casual employees, provided he possesses the qualifications, basic training and orientation prescribed by the
b.(a) Vacation pay shall be calculated in accordance with Article 21:04 and shall be paid at the prevailing rate for the employee on each pay deposit, and shall be prorated on the basis of hours paid at regular rate of pay.
(b) Income protection accumulation shall be calculated as follows: Additional available hours worked by subjecting to layoff the least senior laid off employee or employees in the job title, grade, skills, shift and category Full-time hours x Entitlement of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee
(c) The employee with seniority who shall be paid four point six two percent (4.62%) of the basic rate of pay in lieu of time off on recognized general holidays. Such holiday pay shall be calculated on all paid hours and shall be included in each pay deposit.
(d) Participation in benefit plans is subject to layoff will have the option provisions of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step beloweach plan.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee (e) Seniority shall be placed calculated in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements accordance with regular hours worked for hiring into that positionthese additional available shifts.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 145:01 A lay-off shall be defined as the elimination of a position or a reduction in hours or pay of a position.
45:02 A member who is to be laid-off shall be given appropriate notice in accordance with the Employment Standards Act.
45:03 The following layoff procedure shall be used for placement of permanent and probationary employees who are declared surplus or have their hours or pay reduced as per 45:01, or who have been displaced under the provisions of this article:
(a) The Board shall identify the positions to be eliminated or reduced as a result of a decision to layoff, make a position redundant, or close a school or department;
(b) The least senior member in the job category/position identified shall be declared surplus.
45:04 The member declared surplus shall have the opportunity to displace the least senior member in the bargaining unit, in an equivalent or lower job category, with less seniority, provided that the employee has the ability and qualifications required for the position.
45:05 If the member declared surplus does not have seniority, qualifications and ability to displace another member, they shall be given notification of lay off and placed on the recall list.
45:06 Employees shall be placed on the recall list in order of seniority. An employee on lay-off shall be subject to recall for thirty (30) months from the date of lay-off and will continue to accumulate seniority.
45:07 If a member employed part-time displaces a full-time member under these procedures, the part-time employee will be required to remain at their previous time allocation and to share the assignment with another member.
45:08 Employees who bump to a position with less pay shall have their existing weekly salary red- circled for the lesser of: a period of six (6) months; or until the rate of pay for the position catches up or supersedes that which the employee is presently receiving. After this time, the employee’s salary will no longer be red-circled.
45:09 Employees will be entitled to recall in order of greatest seniority within the bargaining unit, provided the individuals have the ability and qualifications to fill the position for which they are recalled. It is understood that this clause does not apply for a newly created position. In that case, the event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:posted internally in accordance with Article 33; however, employees shall not be entitled to increase their time through this process.
a.45:10 When a position becomes vacant, an employee currently working who had been displaced from that position shall maintain their right to be reinstated to their former position/location if it becomes available within six (6) months from the date of displacement.
45:11 When a position becomes available, the Board shall attempt to contact the employee being recalled by providing telephone, and shall offer the Union and affected employees with at least position by registered mail.
45:12 An employee who is recalled to work must signify intent to return within four (4) working days after mailing by registered mail of the recall notice or within two (2) weeks notice days after the notification is received by telephone and must return on the date specified or give a reason acceptable to the Executive Officer of Human Resources why this is not possible and must return to work within ten (10) working days from the effective date notification of recall is received. The Board shall have no further obligation to the layoff;
b.) by subjecting Member under this Collective Agreement if the Member recalled to layoff work fails to comply with the least senior employee or employees in the job title, grade, skills, shift and category provisions of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowthis clause.
Section 2. When an 45:13 An employee with seniority is subject on layoff shall be given first opportunity to layoff perform supply work of greater than one week’s duration or has their position eliminated under Section 1 above, such affected employee shall to be placed in a position in temporary assignment within the bargaining unit of greater than one week’s duration. Employees must have the qualifications and ability required for the position in the following sequence:order to be considered.
Step 1: First, they 45:14 No new employee shall be assigned to any vacant hired for a position in unless those remaining employees who have been laid off within the bargaining unit which is their category of employment, grade, skills, job title previous thirty (30) months who have the qualifications and shift provided ability required for the employee meets position have been offered the requirements for hiring into that position.
Step 2: Second45:15 All employees eligible for recall shall file with the Board and the Bargaining Unit their most recent address and telephone number.
45:16 Through a displacement process, if no vacancy existsa Member may voluntarily elect to accept, then on a permanent basis, a vacant position that is less than their status (full-time/part-time) prior to displacement. The Board’s obligation to the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they Member shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbenthave been met.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1A. One seniority list of employees based on length of service in this district shall be maintained and updated annually by the District and the Association. Seniority shall be accrued from the date the contract was signed by the employee. Seniority will be defined as the period of continuous employment in the bargaining unit, including periods of layoff, paid leaves, and unpaid leaves provided for in Article IX of this Agreement. When an employee is recalled from layoff, the employee’s seniority will remain as if he/she had continued in the employ of the Board. The employee will be placed on the next salary schedule step from the one he/she was on when laid off. If additional education, teaching experience, or work in his/her specialty area had been attained during the layoff period, provided the experience meets State of Michigan certification requirements, the employee will receive credit for it per Article XIV ¶E of this agreement. In the event it is necessary to layoff employees covered by this Agreementmore than one (1) employee has the same seniority date, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations placement on the seniority list will be done as follows:
a.) determined by providing the Union and affected employees with at least last two (2) weeks digits of the affected employees’ social security numbers with the person having the highest number being ranked highest on the seniority list.
B. All seniority is lost when employment is terminated by resignation, retirement, or discharge per Article II ¶J, of this agreement. For the 1997-98 school year, any employee who has been laid off due to a reduction in staff will be recalled first when a vacancy occurs in any area for which the employee is qualified. Beginning the 1998-99 school year, an employee on lay off who refuses an offer from the District for a position for which the employee is certified, qualified, and/or licensed, or fails to respond within ten (10) work days to a Registered Letter of Offer of Position from the District, shall cause termination. The employee recalled from layoff shall have the option to take unpaid leave of absence for up to one school year.
C. In the event the Board finds it necessary to reduce its staff because of unforeseen changes in student population, program/service discontinuance, or reductions in financial resources, the Association will be notified in writing at least sixty (60) calendar days in advance of such reductions. Prior to the above notification, the Administration and Association representatives will meet to discuss the effects on programs and staffing the reductions will have.
D. When a reduction in staff occurs due to the circumstances identified in ¶C of this Article, bargaining unit members who are subject to this reduction and who are certified (with one or more endorsements), qualified, and/or licensed, shall be laid off according to the following criteria and procedures:
1. The District shall determine reductions by programs/service area and shall notify the affected employee(s) and Association per ¶C of this Article.
2. Where a bargaining unit member is identified for reduction, he/she must elect one of the following options:
a. Displace the least senior bargaining unit member in any remaining bargaining unit position for which the displacing bargaining unit member possesses the requisite certification, qualification, licensure and seniority. OR
b. Agree to waive seniority and accept layoff, by executing Appendix B, which is appended to this Agreement.
E. Within thirty (30) days of the District’s notice to the Association of an impending staff reduction, pursuant to ¶C of this Article, any bargaining unit member (whether or not he/she would otherwise be affected by the impending reduction) may choose to voluntarily waive his/her seniority rights and be placed on layoff status if all of the following conditions are met:
1. There must be an impending reduction in the service or program which the bargaining unit member offering to be placed on layoff status is assigned.
2. The bargaining unit member must have greater seniority (as defined in ¶A of this article) than the person identified for layoff within the same service or program area.
3. The person originally identified for layoff by the District must be certified, approved, and qualified to assume all aspects of the assignment that would be held by the bargaining unit member offering to be placed on layoff status. In other words, the two bargaining unit members must be able to exchange places without the need for reassignment or transfer of any other bargaining unit members or for the District to hire a new employee.
4. The bargaining unit member offering/volunteering to be placed on layoff status has the option to exchange places with the most senior bargaining unit member selected for layoff provided that the bargaining unit member originally identified for layoff by the District must be certified, approved (MDE or similar regulatory agency), and qualified to assume all aspects of the assignment that would otherwise be held by the bargaining unit member volunteering to be placed on layoff status, as described in E(3) above. The bargaining unit member offering/volunteering to exchange places (i.e., to be placed on layoff status), in order to exercise this right, must inform both the District and the Association, in writing, of the identity of the most senior bargaining unit member within the affected program or service area who has already been selected by the District for layoff and who is certified, approved (MDE or similar regulatory agency), and qualified to perform the assignment of the volunteering/more senior bargaining unit member. If more than one potential assignment exchange opportunity exists because the more senior/volunteering bargaining unit member has multiple certifications, qualifications, and/or approvals (MDE or similar regulatory agency) which would enable him/her to serve in more than one program of service areas affected by a planned reduction in staff, the senior/volunteering bargaining unit member will exchange places with the most senior bargaining unit member scheduled for layoff, subject to the other conditions of ¶E of this Article and its subparagraphs.
5. The bargaining unit member must sign and submit a Waiver of Seniority Rights form as indicated on Appendix B, by the close of business on a date designated by the District prior to the effective date of the reduction.
F. In the event the Board institutes a recall from layoff;, employees shall be called in inverse order of layoff in accordance with Article VIII ¶D(2), of this Agreement.
b.) by subjecting G. Per Article V of this Agreement, the Board will continue insurance protection to employees on layoff status for a period of two calendar months after the least senior employee month the employees are laid off.
H. The certification, approval (MDE or employees in the job titlesimilar regulatory agency), grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option qualifications of a bump to a lower category of employment;
e.) employees who volunteer bargaining unit member to be subjected to layofflaid off shall be those on file with the District at the time that the layoff notice is issued. The certification, by seniority in the job titleapproval (MDE or similar regulatory agency), and category qualifications of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject a bargaining unit member to layoff or has their position eliminated under Section 1 above, such affected employee be recalled shall be placed in a position in those on file with the bargaining unit in District at the following sequence:
Step 1: First, they shall be assigned to any vacant position in time that the bargaining unit which recall opportunity is their category of employment, grade, skills, job title identified by the District and shift provided the employee meets the requirements for hiring into that positionrecall notice is issued.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section (a) If a reduction in the workforce is necessary, the following procedure will be adopted: The employee with the least amount of seniority in a job subject to a reduction will be the first laid off from that job, but may displace an employee in the same or lower rated job category provided that the employee has sufficient ability to perform the job and has greater seniority. An employee who is displaced from their job as a result of such bump back procedure may likewise move back and displace employees having less seniority in the same or lower rated job category, providing that the employee has sufficient ability. Where necessary, up to four (4) days training will be given to provide an employee with the sufficient ability in order that they will not be laid off out of seniority provided that:
i) The employee will be able to attain the sufficient ability within the four (4) day training period, and,
ii) The number of employees working in a job category being bumped into, is greater than the number of employees who propose to bump into said job category (note - the intent of subsection (a) (ii) is to prevent the situation where an employee being bumped must train the bumping employee to take their job).
(b) Recall will be based on seniority as follows: The senior employee laid off will be the first recalled, provided the senior employee has sufficient ability to perform the work and provided that the employee may not be recalled to a higher rated job category than the
(c) Any employee who requests and receives his vacation pay for the current period of his employment shall be terminated. Such request shall be in writing and be co-signed by the Union Plant Committee.
(d) An employee with less than twelve (12) months of service shall retain seniority for four (4) months from the date of layoff. An employee with one (1. In ) or more years of service shall retain seniority for one (1) year from the event it date of layoff, plus one (1) additional month for each year of service up to an additional six (6) months.
(e) If an employee, not terminated, is necessary to layoff employees covered by recalled then:
(1) His previous period of employment will be included for purposes of seniority;
(2) He will be eligible for the next Statutory Holiday as listed in Article 4 of this Agreement, or to eliminate a filled position covered by provided he qualified under Article 4 of this Agreement, such layoffs or eliminations ;
(3) The starting date of his previous period of employment will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice used in determining vacation eligibility, provided he has worked two-thirds of the effective date hours available during the period of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of his actual employment;
c.(f) all temporary Laid off employees shall retain their M.S.P., E.H.B., Dental, Group Life, and then probationary employees will be terminated first;A.D. & D. coverage on the following basis:
d.i) a full-time An employee with seniority who is subject to layoff one (1) or more year’s accumulated service will have the above coverage continued for six (6) months while on lay- off.
ii) These coverages shall be continued at the employees’ option provided he pays in advance his share of premiums as called for in Article 22 - Health & Welfare coverages and Article 23 - Dental Plan.
iii) It is understood that if an employee has these coverages as a bump to a lower category result of employment;
e.) employees who volunteer working elsewhere during layoff, these shall cease to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowforce.
Section 2(g) Laid off personnel must keep the Company advised of their up to date address and telephone number. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected The employee shall be placed return to work as notified. Failure to report shall result in a position in the bargaining unit in the following sequence:
Step 1: Firsttermination, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided unless the employee meets the requirements is unavoidably prevented from reporting for hiring into that positionbona-fide reasons.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Labour Agreement
Layoff and Recall. Section 117.01 Layoff shall be defined as a permanent discontinuance of a position or permanent reduction in hours of ten percent (10%) or more of an employee’s normal hours. In the event it is necessary An employee subject to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will shall be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff notified in writing. Such employee may displace the least senior employee or employees in within the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2same classification. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the An employee subject to layoff from one classification or equivalent job classification (same maximum rate of pay) may bump displace the least senior employee in their category of employment, grade, skills, a lower job title and shift. Step 3: Third, if classification provided that the employee cannot be placed with the greater seniority has the ability and qualifications to perform the work of the position. In applying the foregoing, the employee with the greater seniority may displace more than one part-time employee in their category order to preserve the time allocation of employmentthe employee with the greater seniority. An employee who has displaced one or more employees in accordance with the foregoing and who has a different classification and/or time allocation as a result, gradehe/she shall, skillssubject to seniority, job title and shiftretain the right for twenty- four (24) months to return to his/her former classification and/or time allocation.
17.02 Prior to initiating any layoffs the parties shall meet at a Liaison Committee meeting to discuss the impact of such layoffs.
(a) When employees are recalled, they the employee with the most seniority shall be offered recalled first provided that the option employee has the qualifications and ability to bump perform the least senior work of the available position. If an employee is recalled to a different classification and/or time allocation, she/he shall, subject to seniority, retain the right for twenty-four (24) months to return to her/his former classification and/or time allocation. In effecting recalls, no employee shall be recalled to a location outside a forty (40) kilometre radius from the employee’s ‘home school’, except by mutual consent. ‘Home school’ shall be defined as the school in the next lower grade but system that is nearest to an employee’s residence.
(b) The Board shall offer recall to an employee by telephone and shall confirm by letter.
17.04 Subject to 17.03, no new employee shall be hired until all persons on layoff have been given an opportunity for recall.
17.05 The Board agrees that no employee shall be laid off or have his or her employment terminated as a result of contracting out work.
17.06 In applying Article 17, there shall be no bumping up. Bumping up shall mean an increase of more than twenty percent (20%) in their category hours or a change to a higher classification.
17.07 Recall of employment Educational Assistants, Child and shiftYouth Workers and Library Resource Technicians to fill existing positions for the following school year will be completed by June 15th.
17.08 By June 1 of each school year, Educational Assistants shall submit to the Board a form indicating preference for placement for the following school year. Representatives of the parties shall meet to discuss the content of the form prior to the distribution of the form.
17.09 For the purposes of Article 17 only, while on layoff for a maximum of twenty-four (24) months, seniority shall continue to accumulate. When recalled, an employee’s sick leave credits held at the time of layoff shall be reinstated.
17.10 Subject to eligibility requirements as specified by the carriers, an employee who is on layoff shall have the right to continue with the Employee Benefits as outlined in Article 19.01 provided that such employee shall be required to pay 100% of the employee meets the requirements for hiring into that position and has more seniority than the incumbentpremium costs.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1. In the event 11.01 When it is necessary to layoff lay off employees covered or to recall employees who have been laid off, the employees to be laid off or recalled shall be selected on the basis of seniority combined with competence to perform the work available. Should an employee with seniority wish to bump any employee with less seniority on the grounds of competence and if, in the opinion of the Company, such request is considered reasonable, the employee shall have seven (7) working days in which to prove their capacity. If the employee does not meet the requirements within this period, the employee shall be laid off. As between two employees fully competent to perform the work available, seniority shall govern the selection. Notice of recall shall be by this Agreementdirect contact, with the ▇▇▇▇▇▇▇ or designated alternate present, or registered mail to eliminate the employee’s last recorded address and he shall have a filled position covered maximum of five – (5) days in which to present himself/herself for work, subject to an excuse satisfactory to the Company. Seniority shall accrue during layoff.
11.02 The Company shall give employees five- (5) days notice by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing layoff if the Union and affected employees with at least two duration of the layoff is expected to exceed two- (2) weeks notice weeks.
11.03 Each member of the effective date Shop Committee will be retained in employment without regard to seniority so long as there is work available that he is competent and willing to perform. Such work shall not be higher rated than his regular work except by mutual agreement of the layoff;parties hereto.
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time 11.04 Any employee with seniority who is subject to affected by layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer may elect to be subjected separated from employment by layoff rather than accept employment in another classification to layoff, which he/she is entitled by seniority in reason of his/her seniority. Any employee who so elects shall be separated from employment by layoff and shall thereafter have recall rights only to the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowclassification from which he/she was so separated.
Section 2. When an 11.05 Any previously laid off employee with seniority who is subject laid off may elected to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed remain laid off rather than accept recall to employment in a position classification to which he/she is entitled by reason of his/her seniority, other than in the bargaining unit in classification from which he/she was separated from employment by layoff. Any previously laid off employee who so elected shall remain laid off and shall thereafter have recall rights only to the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit classification from which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionhe/she was separated from employment by layoff.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1A. If it becomes necessary for a layoff, the following procedure will be effective. Probationary and temporary employees within a job classification will be laid off first provided a more senior qualified employee in that classification is able to perform the duties of the position. Employees with the least seniority will be laid off in accordance with their seniority within job classifications.
B. A laid off employee may claim the job of a less senior employee provided the employee previously held a position in that classification and the employee has the ability to perform the job. A laid off employee shall not bump a bus driver unless the employee bumping has a valid Michigan State certificate to drive a school bus.
C. Employees to be laid off for an indefinite period of time or ten (10) days or more will have at least twenty-one (21) calendar days' notice of layoff, except in cases of an emergency where it is impossible to do so. Short term layoffs of ten (10) days or less may be given without advance notice. The Union secretary shall receive a list from the Employer of the employees being laid off on or before the same date the notices are issued to the employees.
D. When the working force is increased after a layoff, employees will be recalled according to seniority, as defined in this Agreement, provided the laid off employees have the qualifications and ability to perform the available work. Notice of recall shall be sent to the employee at his last-known address by certified mail. If an employee fails to notify the Superintendent's office in writing of his/her intent to return to work within ten (10) calendar days after a certified (return receipt requested) recall notice is received, he/she shall be considered a quit. The employee who notified the Superintendent in writing of his/her intent to accept recall who then fails to report to work on the first scheduled day for that position shall also be considered a quit.
E. In the event it is necessary to of layoff employees covered by this Agreementonly, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations representatives and the president will be done retained at work as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who long as there is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowwork available which they can perform.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section 1. In the event a. It is specifically recognized that it is within the sole discretion of the Board to reduce its educational program, curriculum, staff, and number of positions. After such a decision has been rendered by the Board, displaced administrators will be reassigned, on the basis of administrative seniority, to equal or lower-rated classifications which in the judgement of the Superintendent, they have the necessary certification to teach at the given level (elementary, secondary, special area) and administrative or supervisory experience at the given level or area to fill. Administrators for whom no administrative positions are available will be laid off from the administrative bargaining unit. Administrative seniority shall be defined as the number of years of continuous service as an administrator in the district. Administrators on layoff employees covered by shall retain seniority as per section 5.7.7 of this Agreementagreement. Central office administrators shall accumulate administrative seniority as if they were working in the bargaining unit.
b. The Superintendent shall give notice to the affected administrators that their positions have been eliminated and/or service as an administrator eliminated.
c. Central office administrators shall be able to bump into the bargaining unit. Central office administrators shall be able to bump a principal, assistant principal, or supervisor, provided the individual central office administrator has (1) the necessary certification to eliminate teach at the given level, and (2) administrative or supervisory experience. Central office administrators may bump into this bargaining unit provided the members of this Association continue to maintain the right to bump into the teachers' bargaining unit.
d. A principal may bump into an equal or lower-rated classification provided he has (1) the necessary certification to teach at the given level, and (2) administrative of supervisory experience. Elementary principals will qualify for the position of junior high assistant principal, but not for the position of junior high school principal.
e. An assistant principal may not bump a filled principal. He may bump another assistant principal or a supervisor provided he has (1) the necessary certification to teach at the given level, and (2) administrative or supervisory experience.
f. A supervisor may bump another supervisor in a different title provided he has (1) the necessary certification to teach at the given level, and (2) administrative or supervisory experience.
g. To bump into a supervisor's position, an administrator must possess the necessary qualifications.
h. In applying the above provisions, if there are two or more positions the administrator may bump into, the Board will select the position covered by this Agreementto which he is to be assigned.
i. An administrator previously displaced due to reduction in staff, such layoffs or eliminations will be done as follows:recalled to any vacant bargaining unit position if he has (1) the necessary certification to teach at the given level, and (2) administrative or supervisory experience at the given level.
a.) by providing j. To be eligible to be recalled or reassigned, the Union and affected employees with at least administrator must be capable of assuming the administrative duties within two (2) weeks notice weeks. If he/she is on an approved medical leave, he/she must be able to assume the position within thirty (30) days. If an administrator requests a voluntary transfer to a teaching position, his/her administrative seniority shall be forfeited and all administrative seniority severed with the Van Buren Public Schools. If the administrator is involuntarily transferred to a teaching position, his/her administrative seniority shall continue to accumulate for a period of time equal to previous administrative seniority. However, administrators shall retain seniority while on layoff only for a period of time equal to their accumulated administrative seniority that existed at the effective time of layoff. During this time period, administrative seniority shall not be broken while the administrator is on medical leave if he/she is unable to be recalled. If an administrator has been appointed to a temporary position and is subsequently hired and continuously retained in that same or similar administrative position, then the seniority date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee hire shall be placed in a position in the bargaining unit in first date of appointment to the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that temporary position.
Step 2: Second, if k. The seniority list for layoff and recall purposes shall be updated no vacancy exists, then the employee subject later no later than February 1st. Administrators must update their certification and current experience by February 1st.
1. If an administrator is given notice that his position has been terminated due to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shifta layoff, they shall be offered may elect to return to the option to bump teachers' bargaining unit consistent with the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentteachers' contract.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1A. When a reduction in the working force is necessary, bargaining unit members shall be laid off in accordance with departmental seniority. That is, the employee with the least department seniority shall be laid off first. In the event it selection of employees for layoff, the school district shall retain those bargaining unit members with the greatest seniority provided they are properly qualified and physically able to perform the available work.
B. Departmental is necessary defined as the Secretarial/Clerical, Aides, Tutors, Bus Drivers, Custodial/Maintenance, and Culinary classifications.
C. Whenever a bargaining unit member is to be laid off, the school district shall notify the bargaining unit member and the association in writing thirty (30) calendar days before the layoff.
D. Laid off bargaining unit members shall be recalled in accordance with the departmental seniority as defined in sections A and B. The bargaining unit member with the greatest seniority shall be recalled first, provided they are properly qualified (according to job description and physically able to perform the duties of the job that is open. On 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 report within three (3) working days of receiving a recall notice, he/she shall be considered as having quit and all seniority shall be terminated.
E. Employees whose positions have been eliminated due to reduction in work force or who have been affected by a layoff shall have the right to assume a position for which they are qualified prior to a new hire.
F. Laid off employees covered may continue their insurance benefits by this Agreementpaying the regular monthly per subscriber group rate premium for such benefits to the employer. Laid off employees who complete the full academic year shall continue to receive full fringe benefits throughout the summer months. Employees who are laid off during the academic year shall receive a prorate share of the academic year benefits (i.e., or 4½ months of employment equals 6 months of fringe benefits). An employee, who is scheduled to eliminate work full twelve months but is laid off, will receive fringe benefits for two months after his layoff date.
G. Employees on layoff shall retain their seniority for purposes of recall for a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least period of two (2) weeks notice of the effective date of the layoff;
b.years. Any employee on layoff for more than two (2) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift years shall lose his/her seniority and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowfurther rights under this agreement.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. In Layoff shall mean the event it is necessary separation of an employee from the active work force. Recall shall mean the return of an employee to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowactive work force.
Section 2. When an employee with If and when it becomes necessary to reduce the number of employees in the work force within this Union, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below.
Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list.
Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office.
Section 5. Grant funded positions shall be subject to layoff the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 8, Loss of Seniority, Sections 7 and 8.
Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has their position eliminated under Section 1 above, such affected greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows:
A. The laid off employee shall be placed bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position.
B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped.
C. Subject to and contingent upon the Law Enforcement Union's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Union, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Union. If no agreement is in effect between the Union and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations.
D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit.
E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the following sequence:rank of Sergeant or above.
Step 1: FirstF. If an employee takes a lower ranking position (demotion) in lieu of layoff, they he/she can return to his/her prior rank within two (2) years without taking a new test.
Section 7. If an employee, covered by this agreement, shall be assigned ineligible to any bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position in being filled by the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shiftCounty, provided the employee meets is qualified for the requirements for hiring into that vacant position and has more seniority than the incumbentapplies for such position.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. In When the event it working force is reduced, employees shall be laid off in the inverse order of seniority in the position or category affected, provided that the more senior employees retained have the necessary qualifications and present ability to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing perform the Union required work. Part time and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or probationary employees in the job title, grade, skills, shift and same category of employment;
c.) all temporary and then probationary employees will shall be terminated first;
d.) a full-time employee with seniority who is subject laid off prior to the layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowqualified bargaining unit member.
Section 2. When an An employee whose position has been eliminated shall, upon request, be provided with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in list of the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee employees in their category with less campus wide seniority by the Human Resources Office. Employees selected for layoff in accordance with the above procedure shall be entitled to displace (or bump) any employee in the employee's position, or another position within the category, who has less campus wide seniority, so long as the employee retained has the necessary qualifications and present ability to perform the required work of employmentthe person displaced. Employees may bump into a position of less than equivalent employment status, gradei.e. full-time, skillsless than full-time, twelve- month, nine-month, which is not equivalent to the employment status of the position which the employee is occupying at the time of reduction. Employees displacing another employee shall receive the pay rate applicable to the position bumped into. It is the intent of this procedure that, in the selection of employees for layoff, the Employer shall be obliged to retain those employees with the greatest seniority, provided such employees have the necessary qualifications and present ability to perform the duties of the job title which is open, or a job held by a less senior employee. If an employee is denied a position for lack of qualifications, they may bump into any other position for which they are entitled, and shiftif there are no positions available, they will proceed to layoff.
Section 3. Step 3: ThirdWhenever an employee is to be laid off, the Employer shall, when practical, notify the employee and the Association at least ten (10) working days in advance of such layoff. Notwithstanding the above, the Employer, at its discretion, reserves the right to pay said employee the equivalent of ten (10) day's pay, in lieu of notice, and proceed with immediate layoff.
Section 4. Laid-off employees shall be recalled by category in accordance with campus wide seniority; that is within each category, the employee with the greatest campus wide seniority shall be recalled first, etc.; provided that the employee recalled has the necessary qualifications and present ability to perform the required work of the job that is open.
Section 5. Employees who are required to accept a lower classification position within their category due to a reduction, shall be restored to the former position they held prior to the reduction without the utilization of the posting procedure for the vacant position if the employee cannot possesses at the time of restoration, the necessary training and basic qualifications, and physical qualifications for the job to be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentperformed.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1A. When layoffs are necessary due to economic necessity or other condition, as defined by the Board in its discretion, layoffs will be made on a department basis. Probationary employees in the department in which the reduction in staff occurs shall be laid off first.
B. In the event it additional personnel must be laid off, layoffs within a department shall be based on seniority of employees within the department. However, a more senior employee may be laid off while a less senior employee is necessary retained if the more senior employee is not qualified to layoff employees covered perform the duties of the position(s) held by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations the less senior employee. The Superintendent shall determine “Qualified”.
1. Qualification will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees based partly on qualifications in the job titledescriptions and other factors (ex. may include but are not limited to; evaluations, gradediscipline, skills, shift and category of employment;etc.) the Superintendent deems important. If a less senior employee is retained the Superintendent will outline the reason in writing to the Association President.
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time C. An employee with seniority who is subject laid off from a department may claim the job of an employee in another department provided the employee previously held a position in that department and has the ability to perform the job. A laid off employee shall not be entitled to exercise such “bumping” rights unless he/she is currently qualified for the position.
D. An employee who is to be laid off shall be notified at least thirty (30) calendar days in advance except in cases where the need to layoff will have was unanticipated or unforeseen.
E. When the option of work force is increased after a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed entitled to be recalled on the basis of seniority to the department in a position in which the bargaining unit in employee was employed at the following sequence:
Step 1: First, they time of layoff. The employee shall be assigned entitled to any vacant position fill a vacancy in the bargaining unit another department in which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shiftwas previously employed, provided the laid off employee meets has the requirements for hiring into that position and qualifications to perform the available work.
F. Notice of recall shall be sent to the employee at his/her last known address by certified mail, return receipt requested. It shall be the responsibility of a laid off employee to keep the school informed of his/her current address.
G. If an employee fails to notify the Superintendent’s office of his/her intent to return to work within ten (10) calendar days after a certified, return receipt requested, recall notice is received, it will conclusively constitute the employee’s resignation. If the recall notice is not received because the employee has more seniority failed to provide the Superintendent’s office with his/her current address, the aforementioned ten (10) calendar day time limit shall begin from the time the recall notice is mailed, rather than the incumbentdate the recall notice is received.
H. If an employee notifies the Superintendent’s office of his/her intent to accept recall and then fails to report to work, except in cases of illness or emergency, on the first day for that position, that also shall be conclusively construed as the employee’s resignation. If an employee receives unemployment compensation during scheduled school breaks (Christmas, summer, etc.) and returns for his/ her regular work year, the employee shall repay the unemployment compensation.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section 1. In the event it is necessary A. The Employer may reduce its working force in a given classification in any division or department for reasons of economy or when required due to layoff insufficient appropriations.
B. When a reduction in force occurs in a given classification in a given division or department, temporary and probationary employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done laid off first. Thereafter, the order of layoff for such classification in such division or department shall be as follows:
a.) 1. Seniority employees serving probationary periods in the classification being reduced shall be laid off in order of entry into the classification and shall be returned to their permanent classification, seniority permitting, and also as permitted by providing the agreement between the City and the Union covering the employees of such other classification.
2. Seniority employees who have completed the probationary period for the classification being reduced and affected employees are laid off in accordance with at least two (2) weeks notice of the effective date of above procedure shall displace the layoff;
b.) by subjecting to layoff the least senior lowest seniority employee or employees in the job titlesame classification in another division of their department, gradeor, skillsif none, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) in another department; provided, however, that a full-time employee with greater seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in not displace a younger seniority employee from a position in unless he is able to perform the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category work of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second3. Seniority employees who have completed the probationary period for the classification which is being reduced and who are laid off from their permanent classification will have their names placed on the reemployment list for their classification ranked in the inverse order of layoff. If the employee had civil service status in another classification, he shall be permitted to displace the lowest seniority employee in the classification in which he most recently held status in his own division, or, if no vacancy existsnone, then the employee subject to layoff may bump the least senior employee in their category another division of employmenthis department, grade, skills, job title and shift. Step 3: Thirdor, if none, in another department, his own seniority permitting and also as permitted by the agreement between the City and the Union covering the employees of such other classification. Provided, however, that a greater seniority employee canshall not be displace a younger seniority employee from a position unless he is able to perform the work of that position.
4. An employee who has not been placed in their category of employment, grade, skills, job title and shift, they accordance with the above procedure shall be offered displace the option to bump the least senior lowest seniority employee in the next lower grade but of the service in his own division, or, if none, in another division of his department, or, if none, in another department, his own seniority and qualifications permitting and also as permitted by the agreement between the City and the Union covering the employees of such other classification. Provided, however, that a greater seniority employee shall not displace a younger seniority employee from a position unless he is able to perform the work of that position.
5. An employee who cannot be placed in accordance with the above procedure shall displace the lowest seniority employee in an equal paying classification in his own division, or, if none, in another division of his department, or, if none, in another department, his own seniority and qualifications permitting and also as permitted by the agreement between the City and the Union covering the employees of such other classification. Provided, however, that a greater seniority employee shall not displace a younger seniority employee from a position unless he is able to perform the work of that position.
6. An employee who cannot be placed in accordance with the above procedures shall displace the lowest seniority employee in a lower paying classification in his own division, or, if none, in another division of his department, or, if none, in another department, his own seniority and qualifications permitting and also as permitted by the agreement between the City and the Union covering the employees of such other classification. Provided, however, that a greater seniority employee shall not displace a younger seniority employee from a position unless he is able to perform the work of that position. An employee appointed under this section shall be granted up to an eight (8) week trial period to determine his ability to perform the job.
C. Whenever possible, employees being laid off shall be given at least fourteen (14) calendar days notice of layoff. An employee shall exercise "bumping rights" within seven (7) calendar days of receipt of such notice. The Employer shall furnish a copy of such notice to the Union immediately. Employees "bumped" by a laid-off employee shall not be entitled to prior notice. Employees whose position is eliminated and who have bumping rights shall be entitled to seven (7) calendar days notice, whenever possible.
D. When an increase in force occurs in a given classification in a given division or department and there are employees on layoff from that classification, the following rules shall apply:
1. Employees whose names appear on the reemployment list for the classification being increased shall be reappointed to that classification according to seniority, providing the laid-off employee is able to perform the work of the position to which he is to be appointed. Employees will be returned to the division or department where they were working prior to layoff.
2. Laid-off employees who are not recalled after the completion of the above procedure may elect to accept employment in a position in a lower classification of the series to which their classification belongs; providing, however, the laid-off employee is able to perform the work of such position.
3. Laid-off employees who are not recalled after the completion of the above procedure will be granted an opportunity, in accordance with seniority, to be appointed in preference to any non-promotional civil service eligibility list to vacancies in classifications which are equal or lower to their own classification, provided they possess the preliminary qualifications for the classification. An employee appointed under this section shall be granted up to a ninety (90) day trial period to determine his ability to perform the job.
4. Notice of recall shall be sent by registered or certified mail to those on the reemployment list at their last known address. It shall be the employee’s responsibility to notify the Employer of any change of address.
5. Should a person fail to report for work within five (5) working days after notice is sent and fail to give a satisfactory explanation for not reporting, he will be considered as having voluntarily resigned. Recall rights for an employee shall expire if he is laid off for a continuous period equal to his length of seniority or one (1) year, whichever is greater. The minimum recall rights will be changed from one (1) year to two (2) years, if the employee has completed his probation. If the employee has not completed probation, the employee will still have recall rights for one (1) year.
6. In instances where employees do not report for work within the required time limit, the next employee in seniority may be recalled. If such next employee has resigned from other employment to accept a position in lieu of an employee who failed to report for work within the required time limit, he shall not thereafter be displaced by such older seniority employee.
7. Employees who decline an opportunity to displace other employees in accordance with the provisions of this Agreement shall be restricted in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentrecall rights to their former classification.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 113.1. The employer has sole discretion to determine the necessity for and implementation of a layoff of the work force. In the event it is necessary to of a layoff, the employees in the affected job classification shall be removed in order of their bargaining unit seniority beginning with the least senior employee. Except in cases of emergency, notice of layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with given at least two fourtee n (214) weeks notice of the effective date calendar days in advance of the layoff;. If an employee is designated for layoff, he/she may be eligible to exercise "bumping" rights. "Bumping" rights may be exercised to another position, provided
b.) A. The position is in the same occupational category. For purposes of this section, occupational categories have been established as follows: Clerical and Road Crew (see Appendix A).
B. The position has an equal or lower point evaluation than held by subjecting the "bumping" employee.
C. The "bumping" employee is fully qualified to layoff perform the duties of such position.
D. The position is held by a less senior employee. If more than one position meets the above conditions, the laid off employee has "bumping" right s only to the position which will offer the highest rate of pay. If more than one position is determined to offer the same rate of pay, the "bumping" employee will be entitled to the position held by the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowemployee.
Section 13. 2. When an employee with seniority is subject An employe e to be recalled from a layoff or has their position eliminated under Section 1 above, such affected employee shall be placed so notified as far in a position advance as possible by certified mail, return receipt requested, mailed to his/her last address as shown on the Employer’s records. Any employee so recalled must return within seven (7) calenda r days after receiving such notice, or at the time and date indicated in the bargaining unit in the following sequence:
Step 1: Firstnotice, they whichever is later. Any employee failing to do so shall automatically lose his/her seniority rights and shall be assigned to any vacant position in removed from the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionrecall list.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. In the event it 23.1 The Administrator may lay off employees whenever such action is made necessary to layoff employees covered by this Agreementreason of shortage of work, budget adjustments, or as directed by the Kitsap Public Health Board.
23.2 The District shall give at least thirty (30) days’ notice to eliminate employee(s) designated for layoff, during which time the employee(s) and PROTEC17 may suggest alternatives to the layoff.
23.3 An employee designated for layoff shall have the right to replace a filled less senior employee holding an available position covered by this Agreement, such layoffs or eliminations will be done (as followsdefined in Section 23.4) that is:
a.) 23.3.1 The position occupied by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next classification held by the employee designated for layoff;
23.3.2 The position within the same bargaining unit occupied by the least senior employee in a lower grade but classification than the position held by the employee designated for layoff; or
23.3.3 The position occupied by the least senior employee in a classification previously held by the employee designated for layoff.
23.4 For purposes of this Article, a position is available if the employee moving into the position meets the minimum qualifications for the position and replaces the position occupied by the least senior employee that is the equivalent FTE level. If an equivalent FTE is unavailable the employee designated for layoff shall have the option to replace the position occupied by the least senior employee.
23.5 Employees designated for layoff who have the right to replace another employee pursuant to this Article will be notified of their category option(s) in writing in a manner that confirms receipt by the employee. Upon receiving notice from the District, the employee shall have five (5) working days from receipt of employment and shiftsuch notice to notify the District of their intent to exercise their right.
23.6 For purposes of this Article, seniority shall be based on the employee’s date of hire at the District for the most recent period of continuous employment; provided that employees recalled from layoff shall return with the seniority they held at the time of layoff.
23.7 An employee replacing another employee pursuant to this Article must accept the FTE of the position into which they move.
23.8 No new employee shall be hired by the District into the same job classifications that have been held by employees on layoff until all available laid off employees who held such job classifications have been offered reemployment, provided the layoff period does not exceed eighteen (18) months, and the affected employees keep the District advised of their current addresses. An offer of reemployment into the employee’s previous job classification shall be made in writing and sent by registered or certified mail to the employee. An employee meets so notified must indicate acceptance of said reemployment within three (3) working days of receipt of such notice. Unless otherwise agreed by the requirements hiring manager, the employee must be back on the job within fourteen (14) calendar days of acceptance of the offer. Failure to indicate acceptance or return to a position within these timeframes will result in forfeiture of all callback rights under this Article.
23.9 Employees recalled from layoff shall be credited with their time in service prior to layoff for hiring into that position purposes of determining their accrual rate for general leave and has more seniority their placement on the salary schedule.
23.10 In the event of a shutdown of state/federal government and associated elimination of District funding, the District may temporarily reduce the hours of, or furlough, employees whose positions are affected. Such temporary reductions/furloughs require a minimum of seven (7) calendar days’ notice to the affected employees and the Union and will last no longer than fourteen (14) calendar days. Employees affected by a temporary reduction/furlough under this section will not have the incumbent.option to displace another employee and will not be placed on a recall list. Such employees will continue to receive medical and other insurance benefits on the terms applicable immediately prior to the temporary reduction/furlough and will maintain the leave balances accrued at the time of the temporary reduction/layoff (e.g., general leave balances will not be cashed out). The District’s use of a furlough under this Section will not reduce the notice required for a layoff described in Section
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1A. If it becomes necessary for a layoff, the following procedure will be effective. Probationary and temporary employees within a job classification will be laid off first provided a more senior qualified employee in that classification is able to perform the duties of the position. Employees with the least seniority will be laid off in accordance with their seniority within job classifications.
B. A laid off employee may claim the job of a less senior employee provided the employee previously held a position in that classification and the employee has the ability to perform the job. A laid off employee shall not bump a bus driver unless the employee bumping has a valid Michigan State certificate to drive a school bus.
C. Employees to be laid off for an indefinite period of time or ten (10) days or more will have at least twenty-one (21) calendar days' notice of layoff, except in cases of an emergency where it is impossible to do so. Short term layoffs of ten (10) days or less may be given without advance notice. The Union secretary shall receive a list from the Employer of the employees being laid off on or before the same date the notices are issued to the employees.
D. When the working force is increased after a layoff, employees will be recalled according to seniority, as defined in this Agreement, provided the laid off employees have the qualifications and ability to perform the available work. Notice of recall shall be sent to the employee at his last-known address by certified mail. If an employee fails to notify the Superintendent's office in writing of his/her intent to return to work within ten (10) calendar days after a certified (return receipt requested) recall notice is received, he/she shall be considered a quit. The employee who notified the Superintendent in writing of his/her intent to accept recall who then fails to report to work on the first scheduled day for that position shall also be considered a quit.
E. In the event it is necessary to of layoff employees covered by this Agreementonly, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations stewards and the president will be done retained at work as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who long as there is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowwork available which they can perform.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section 1. In Layoff shall mean the event it is necessary separation of an employee from the active work force. Recall shall mean the return of an employee to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowactive work force.
Section 2. When an employee with If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below.
Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list.
Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office.
Section 5. Grant funded positions shall be subject to layoff the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8.
Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has their position eliminated under Section 1 above, such affected greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows:
A. The laid off employee shall be placed bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position.
B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped.
C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations.
D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit.
E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the following sequence:rank of Sergeant or above.
Step 1: FirstSection 7. If an employee, they covered by this agreement, shall be assigned ineligible to any bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position in being filled by the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shiftCounty, provided the employee meets is qualified for the requirements for hiring into that vacant position and has more seniority than the incumbentapplies for such position.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1A. When layoffs are necessary due to economic necessity or other condition, as defined by the Board in its discretion, layoffs will be made on a department basis. Probationary employees in the department in which the reduction in staff occurs shall be laid off first.
B. In the event it additional personnel must be laid off, layoffs within a department shall be based on seniority of employees within the department. However, a more senior employee may be laid off while a less senior employee is necessary retained if the more senior employee is not qualified to layoff employees covered perform the duties of the position(s) held by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations the less senior employee. The Superintendent shall determine “Qualified”.
1. Qualification will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees based partly on qualifications in the job titledescriptions and other factors (ex. may include but are not limited to; evaluations, gradediscipline, skills, shift and category of employment;etc.) the Superintendent deems important. If a less senior employee is retained the Superintendent will outline the reason in writing to the Association President.
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time C. An employee with seniority who is subject laid off from a department may claim the job of an employee in another department provided the employee previously held a position in that department and has the ability to perform the job. A laid off employee shall not be entitled to exercise such “bumping” rights unless he/she is currently qualified for the position.
D. An employee who is to be laid off shall be notified at least thirty (30) calendar days in advance except in cases where the need to layoff will have was unanticipated or unforeseen.
E. When the option of work force is increased after a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed entitled to be recalled on the basis of seniority to the department in a position in which the bargaining unit in employee was employed at the following sequence:
Step 1: First, they time of layoff. The employee shall be assigned entitled to any vacant position fill a vacancy in the bargaining unit another department in which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shiftwas previously employed, provided the laid off employee meets has the requirements for hiring into that position and qualifications to perform the available work.
F. Notice of recall shall be sent to the employee at his/her last known address by certified mail, return receipt requested. It shall be the responsibility of a laid off employee to keep the school informed of his/her current address.
G. If an employee fails to notify the Superintendent’s office of his/her intent to return to work within ten (10) calendar days after a certified, return receipt requested, recall notice is received, it will conclusively constitute the employee’s resignation. If the recall notice is not received because the employee has more seniority failed to provide the Superintendent’s office with his/her current address, the aforementioned ten (10) calendar day time limit shall begin from the time the recall notice is mailed, rather than the incumbentdate the recall notice is received.
H. If an employee notifies the Superintendent’s office of his/her intent to accept recall and then fails to report to work, except in cases of illness or emergency, on the first day for that position, that also shall be conclusively construed as the employee’s resignation.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section A. Layoff shall be defined as a reduction in work force beyond normal attrition. I I For employees who have worked in more than one classification, layoff shall be made in accordance with the employee's total bargaining unit seniority beginning with the employee having the shortest seniority and proceeding toward the employee with the greatest seniority. If an employee has been promoted from a lower classification and does not have sufficient total bargaining unit seniority to remain in the higher classification, he/she will return to the I I I B. I I I I c. I D. E. F. I G. I I H.
1. lower classification ,providing that his/her total bargaining unit seniority was greater than the lowest seniority person Within that classification. The following provision shall apply only to those persons hired on or after July 1, 1983, or persons who have moved to a higher classification on or after July 1, 1983. Persons who have worked in more than one classification within the bargaining unit will have a dual seniority. First, they will have seniority within their highest paid position, and second, they will have total seniority for both classifications they have worked in. In the event it is necessary of a layoff, they could use their total seniority to layoff bump down to a lower paid classification. The seniority within their higher paid classification could be used to maintain their job within the classification. Total years of seniority within both classifications could not be usedto bump within the higher paid job classification. Probationary employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done laid off first. The employer will determine what programs are to be eliminated or reduced. Each employee on layoff will notify the administrative offices in writing of an address to which a letter of recall may be sent. Such letter will be mailed to the employee at such address by certified mail, return receipt requested. If no such address is provided, the letter will be mailed to the employee's last address recorded in the administrative office. Laid off employees who desire to work as follows:
a.) substitutes during a layoff period, will notify the superintendent's office of their availability. The employer will attempt to call qualified substitutes from this list. If a position is' known to be available for more than a one~week period, laid off employees shall be recalled in seniority order by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) classification. Employees who have been laid off within a job classification, who have no previous experience in a lower job classification, may make application to fill jobs being held by subjecting to layoff the least senior employee or probationary employees in the lower job titleclassification. Intemporary reductions of employees for periods of less than thirty days, grade, skills, shift and category the employee of. highest seniority within the classification may option to take the reduction layoff. Such employee must be working an equal or less number of employment;
c.) all temporary and then probationary employees hours than the lower seniority employee who is scheduled for layoff. A voluntary leave in lieu of layoff will be terminated first;considered by the employer under the following conditions:
d.) a full-time employee with seniority who is subject to 1. The granting of such leave will prevent the layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least less senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.employee~ K.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section SECTION 1. In When it becomes necessary for the event it is necessary Company to layoff decrease the work force due to lack of work or changes in the type of work available, employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing laid off and recalled after layoffs on the basis of the employee’s job classification seniority. The Company shall notify affected employees and the Union and affected employees with at least of any layoff as far in advance as practical, but not less than two (2) weeks days prior to the layoff unless such notice is impossible or impractical due to circumstances beyond the control of the effective date of Company. Layoff shall be determined using the layoff;
b.following factors, (1) by subjecting seniority and (2) qualifications to layoff perform the least senior employee or employees work available. The Company agrees that in the job titleevent the requirements of factors (1) and (2) are relatively equal, gradeseniority will prevail.
SECTION 2. The Company reserves the right to cancel any layoff notice.
SECTION 3. A person on layoff, skillsexcluding summer breaks and other normal District shutdowns shall not continue to accumulate seniority during such periods.
SECTION 4. If the Company decides that it is going to operate during the summer months with a reduced workforce, shift and category of employment;
c.) all temporary and then probationary employees the Company will first seek volunteers to go on voluntary layoff for the summer. The Company will grant these voluntary layoffs by seniority. Thereafter the positions needed for the summer months will be terminated first;
d.) granted by seniority from a full-time employee with seniority who is subject to layoff will have the option list of a bump to a lower category of employment;
e.) employees who volunteer for such work. If, from the voluntary employee list, there are insufficient employees to perform the work the Company will select employees in Inverse order of seniority until all positions are filled. Employees, who are designated by the Company to work by inverse selection that do not accept summer work, can be subjected disciplined by the Company including denial of unemployment benefits and or suspension/discharge.
SECTION 5. Should there be a need to layoffreduce the number of employees during the normal school year, a layoff shall be done in reverse order of seniority.
SECTION 6. No new employees shall be hired into a classification while a bargaining unit employee, in the same classification, is on layoff other than summer breaks and other normal District shutdowns. Employees shall be recalled from lay-off by seniority with the most senior employee recalled first, provided the qualifications are satisfied as outlined in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee . Employees shall be placed in a position in notified of their recall by certified mail to their home. It is the bargaining unit in responsibility of the following sequence:
Step 1: Firstemployee to notify the Company of any address change. Once an employee is notified of their recall, they shall be assigned have three (3) workdays to any vacant position in notify the bargaining unit which is Company of their category of employment, grade, skills, job title intent to return and shift provided the employee meets the requirements for hiring into that positionaccept recall.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. 10:01 In the event it is necessary of a layoff, employees shall receive four (4) weeks’ notice or pay in lieu of such notice. Written notice shall be given by personal service or registered mail to layoff employees covered by this Agreement, or to eliminate the employee(s) concerned and a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice copy of the effective date notice shall be forwarded to the union site representative.
10:02 In the event of the layoff;
b.) by subjecting to layoff the least senior employee or employees a reduction in the job titlework force, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) laid off in reverse order of seniority within their occupational grade, department/unit and site. When reducing staff, senior employees may exercise their seniority to displace a full-time less senior employee with seniority who is subject to layoff will have in an equivalent or lower grade provided the option of employee has a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoffsatisfactory work record, by seniority in possesses the job titlequalifications, and category meets the physical requirements of employment;
f.) employees may drop shift and or category of employment any step belowthe position in question.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected 10:03 No new employee shall be hired until those laid off have been given an opportunity to bid on vacated positions as per Article 8:02 of the Collective Agreement.
10:04 Employees laid off in accordance with Article 10:01 shall be recalled by order of seniority to available positions in equal or lower paid occupational grade/classification within the sites comprising the Regional Health Authority, provided they are qualified to perform the required work.
10:05 To be eligible for recall, prior to the employee’s last shift before being placed in on layoff status, the employee must provide the Employer with their current address, and further, during the layoff period, must inform the Employer immediately of any address changes.
10:06 As per Article 10:05 above, the employee must communicate with the Employer within seven (7) calendar days of his notice of recall being delivered to his recorded address. Further, the employee must be prepared to begin work at the time designated by the Employer. The seniority of an employee who informs the Employer within seven (7) calendar days following notification of recall, that she declines employment due to the geographic location, shall not be terminated for failure to report for duty.
10:07 The right of a position in the bargaining unit person who has been laid, off to be rehired under this Agreement will be forfeited and shall be considered terminated in the following sequencecircumstances:
Step 1: First, they shall be assigned to any vacant position (a) If the person did not communicate with the Employer as specified in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionArticle 10:06.
Step 2: Second(b) If the person did not report to work when instructed to do so and fails to provide a written explanation satisfactory to the Employer.
(c) A twenty-four (24) month period has elapsed since the date of layoff, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentas per Article 8:04 (d).
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1(a) Where there is a reduction in the workload resulting from a surplus of nurses, the Employer shall layoff nurses on the basis of seniority. Probationary nurses shall be laid off first and the most junior nurses shall be laid off thereafter provided that the remaining nurses are qualified to perform the available work.
(b) Nurses shall be recalled in reverse order of layoff, subject to their right to require orientation for any job for which they do not feel immediately qualified.
(c) All nurses who are on layoff will be given job opportunity before any new nurse is hired.
(d) No nurse may be laid off until she has received sixty (60) calendar days` notice of layoff or pay in lieu thereof.
(a) A nurse who has been requested to substitute temporarily in a classification that is excluded from the bargaining unit may refuse to do so. If she/he consents she/he shall be deemed to be covered by the Collective Agreement, but shall be compensated in accordance with the excluded classification. In the event it that a nurse is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice transferred out of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job titlebargaining unit, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 as above, such affected employee shall be placed in for a period of six (6) months or an academic year and is returned to a position in the bargaining unit unit, she/he will not suffer any loss of seniority, service or benefits.
(b) The Employer agrees to provide adequate orientation to a nurse to fill the role of these positions.
(c) Any nurse presently in or who has been in what is now the following sequence:
Step 1: Firstbargaining unit, they shall be assigned who elects or is appointed to any vacant permanent position in connected with the Employer outside of the bargaining unit, may be returned to the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets Employer has first complied with the requirements job opportunity provisions of the Collective Agreement. In such event, the nurse, on returning to the bargaining unit, shall retain the seniority accumulated up to the date of her/his election or appointment to a position out of the bargaining unit, but will not accumulate any seniority while outside the bargaining unit for hiring the purposes of job opportunity and layoff or other non-monetary benefits and privileges. Her previous date of hire into that positionthe bargaining unit with the Employer, however, shall continue to be recognized for the purposes of calculation of the amount of the monetary benefits to which she/he is now entitled.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1. In the event 11.01 When it is necessary to layoff lay off employees covered or to recall employees who have been laid off, the employees to be laid off or recalled shall be selected on the basis of seniority combined with competence to perform the work available. Should an employee with seniority wish to bump an employee with less seniority on the grounds of competence and if, in the opinion of the Company, such request is considered reasonable, the employee shall have five (5) working days in which to prove their capacity. If the employee does not meet the requirements within this period, the employee shall be laid off. As between two employees fully competent to perform the work available, seniority shall govern the selection. Notice of recall shall be by this Agreementdirect contact, with the ▇▇▇▇▇▇▇ or designated alternate present, or registered mail to eliminate the employee's last recorded address and he shall have a filled position covered maximum of five (5) days in which to present himself/herself for work, subject to an excuse satisfactory to the Company. Seniority shall accrue during layoff.
11.02 The Company shall give employees five (5) days’ notice by this Agreement, such layoffs or eliminations layoff if the duration of the layoff is expected to exceed three (3) weeks.
11.03 Each member of the Shop Committee will be done retained in employment without regard to seniority so long as follows:
a.) there is work available that he is competent and willing to perform. Such work shall not be higher rated than his regular work except by providing the Union and affected employees with at least two (2) weeks notice mutual agreement of the effective date of the layoff;parties hereto.
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time 11.04 Any employee with seniority who is subject to affected by layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer may elect to be subjected separated from employment by layoff rather than accept employment in another classification to layoff, which he/she is entitled by seniority in reason of his/her seniority. Any employee who so elects shall be separated from employment by layoff and shall thereafter have recall rights only to the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowclassification from which he/she was so separated.
Section 2. When an 11.05 Any previously laid off employee with seniority who is subject laid off may elected to layoff remain laid off rather than accept recall to employment in a classification to which he/she is entitled by reason of his/her seniority, other than in the classification from which he/she was separated from employment by layoff. Any previously laid off employee who so elected shall remain laid off and shall thereafter have recall rights only to the classification from which he/she was separated from employment by layoff.
11.06 Should power failure, flood or has their position eliminated under Section 1 aboveother acts of God and circumstances beyond the control of the Company of a temporary nature make it necessary to reduce the working force, such the employees affected employee thereby shall be placed laid off according to seniority in their departments, without rights elsewhere, provided that such layoff shall not be longer than five (5) working days; and further provided that seniority shall accrue during such layoff. In the event of a partial resumption of operations prior to the end of the period of temporary layoff, employees laid off pursuant to Article
11.01 shall be recalled by seniority. Should a layoff of five (5) working days or less be required on more than two (2) occasions in a position calendar year, the third and succeeding layoffs will be in the bargaining unit accordance with Article 11.
01. Should an employee cease to be a member of Shop Committee while a lay-off is in the following sequence:
Step 1: First, they effect he/she shall be assigned dealt with under the normal lay-off and recall procedures as of the time he/she so ceases to any vacant position in be a member of the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionShop Committee.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1. In the event 22.01 When it is necessary to reduce the working force, the following seniority provisions are effective.
(a) In the event of a major machine breakdown, power failure, water failure, fire or flood, then the Company may layoff the employees covered affected without regard to seniority and will be permitted up to three (3) working days to determine seniority rights and make proper adjustment of staff, PROVIDED that no employee may be laid off out of seniority for more than six (6) working days in one calendar year. In the case of other similar circumstances, beyond the control of the Company, the action to be taken shall be determined by mutual agreement of the parties.
(b) Probationary employees in the Job Classifications affected will be laid off first.
(c) Employees with seniority in the Job Classifications affected will be removed from the classification in inverse order of seniority and may exercise bumping rights with the provisos:
(i) He may accept layoff rather than exercise his/her bumping rights, or
(ii) He may elect to displace the employee holding least seniority at the next succeeding downward wage level on his/her own Flow Chart or on another Flow Chart from which he/she had moved, or on another Flow Line of his/her Flow Chart from which he/she had moved. Thereafter, his/her bumping rights will be confined to the Flow lines and the Flow Chart which he/she had selected.
(iii) an employee who is bumped from Wage Group 3 on Flow Chart 11 or 15 may bump into the Group 3 Clearance Pool. In the application of this Clause, the parties recognize that the above will be the normal procedure but that there may be exceptions wherein an employee declares that he/she cannot perform the job at the next succeeding downward wage level during the prescribed time limits in which case he/she shall be permitted to displace the junior employee on the next succeeding downward wage level on the flow lines of his/her Flow Chart.
(d) In no event shall an employee bump another employee who is employed in a higher paid Job Classification. (except for Letter of Intent #34)
22.02 Notwithstanding other provisions of this Agreement, if a flow chart contains a classification in Group 3 or lower, then an employee may bump into the Clearance Pool and thereafter his/her bumping rights are restricted to eliminate the Clearance Pools.
22.03 An employee who exercises his/her bumping rights shall be permitted ten (10) working days to prove his/her ability to do the work of the displaced employee in a filled position covered by satisfactory manner. If unable to do so he/she shall have the right to bump into the Clearance Pool.
22.04 In the event that two or more employees possess the same seniority date, the employee holding the lowest clock number shall be deemed to possess highest seniority, unless otherwise provided for in this Collective Agreement.
22.05 The Company will submit to the Plant Chair a list of employees to be laid off one (1) week prior to the layoff becoming effective. Similarly, such layoffs or eliminations the employees subject to the layoff will be done as follows:given one (1) week's notice. A copy of any notice given to an employee by the Company in compliance with the Employment Standards Act shall be sent to the Plant Chair.
a.22.06 An employee while retained on the Seniority List during layoff, accumulates seniority during such a period.
(a) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting Subject to layoff the least senior Clause 22.01(c), a surplus employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees who has recall rights will be terminated first;recalled to any former job classification to which he/she had vested rights except those in which he/she refused or failed.
d.(b) A laid off employee having exercised his/her rights under Clause 22.01(c), shall be recalled consistent with his/her seniority to any job he/she had vested rights to.
(c) Employees when notified of layoff as per Clause 22.05, will indicate on a full-time form supplied by the Company those jobs he/she wishes recall to, and will receive a copy of said form.
22.08 However, an employee who has elected layoff cannot claim recall to any job classification on his/her flow chart which is below that from which he/she elected layoff, or be recalled to a job in which he/she had failed.
22.09 A claim by an employee that he/she has been improperly declared surplus or laid off, shall be treated as a grievance if a written statement of such grievance is lodged with seniority who the Manager, Industrial Relations, within fifteen (15) working days after the employee has been declared surplus or notified of layoff. In such case Step No. 2 shall be invoked within three (3) working days following receipt of grievance.
22.10 The Plant Chair shall be given an opportunity to be present when the employee is subject to layoff will have the option notified of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority surplus in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowwhich he/she is involved.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 11 Should a layoff become necessary, the following provisions shall apply:
A. All temporary employees shall be laid off first.
B. Regular employees shall be laid off in order of their seniority in the following manner: Any employee to be laid off shall, in lieu of layoff be able to transfer, based on seniority, to a job of equal or lower grade provided the employee is able to perform the job claimed or to any job higher grade previously held provided the employee was not demoted from that job for reasons of inability to perform the job. Employees shall be entitled an upgrade to a position from which they were previously bumped and for which an opening occurs within twenty-four (24) calendar months from the date they were bumped from a position in such classification.
C. Employees being laid off shall be given at least thirty (30) calendar days notice of layoff registered or certified mail. The employer shall furnish a copy of such notice to the Union immediately.
D. Employees on layoff shall be recalled in reverse order of their seniority to their same jobs or to jobs of equal or lower grade provided they are able to perform the jobs.
E. No new employees will be hired by the Employer as long as there are employees laid off who have seniority, except to fill positions those on layoff are not qualified to fill.
F. In the event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice or more employees shall have the same seniority date, their placement on the seniority list shall be determined by comparing the last four (4) digits of each employee’s social security number, and next, a flip of the effective date coin conducted by the Employer with a representative of the local union present, the employee with the lower four (4) digit numbers shall be placed highest on the seniority list.
Section 2 When the working force is increased after a layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time recalled according to seniority. Notice of recall shall be sent to the employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, at their last known address by seniority in the job title, and category of employment;
f.) employees may drop shift and registered or category of employment any step below.
Section 2certified mail. When If an employee with seniority is subject fails to layoff or has their position eliminated under Section 1 abovereport for work within five (5) working days from the date of mailing of notice of recall, such affected the employee shall be placed considered to have quit. Extension will be granted by the employer in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionproper cases.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1a) The parties recognize that, due to changing needs of School District No. 57 (Prince ▇▇▇▇▇▇), positions may be added, changed or deleted from time-to- time. The Board agrees to prior discussion of such alterations with the Union. If as a result of such alterations, the total number of employees within the bargaining unit must be reduced, the Joint Standing Committee shall discuss the necessary reductions for the purpose of providing suggestions to the Board for effecting such reductions. The suggestions may include, amongst other resolutions, job sharing or salary realignment. The Superintendent, or designate, shall present to the Board, as recommendations, suggestions endorsed by a majority of the Committee. In the event it that the Board rejects the recommendation(s) of the majority of the Committee, reasonable grounds for the rejection will be given. If the Joint Standing Committee is unable to make a majority decision, the necessary reductions will be effected by layoff pursuant to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreementprocedures outlined in 10.01(b) below.
b) In the event of layoffs, such layoffs or eliminations will shall be done in reverse order of seniority, as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees determined in the job titleArticle 9, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) within a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowdiscipline.
Section 2. c) When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in is to be filled, the following sequence:
Step 1: FirstBoard shall recall employees on layoff, they shall be assigned provided the employee possesses the necessary qualifications for the available position. It is understood that “position” refers to any vacant position a job description in the bargaining unit which is their category in its entirety. Such recall shall be in order of employmentseniority as determined in Article 9 within a discipline. Employees shall be entitled to be recalled for a period of twelve (12) calendar months following the date of layoff. Laid off employees are responsible for informing the Board, gradein writing, skills, job title and shift provided of where they may be contacted during the employee meets the requirements for hiring into that positionlayoff period.
Step 2: Second, if no vacancy existsd) The Board agrees to notify regular employees who are to be laid off one (1) month prior to the date of the layoff. The notice period cannot include any part of the months of July and August. If a regular employee is to be laid off before June 30th, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentgiven two (2) months notice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. In the event 22.01 When it is necessary to reduce the working force, the following seniority provisions are effective.
(a) In the event of a major machine breakdown, power failure, water failure, fire or flood, then the Company may layoff the employees covered by this Agreement, or affected without regard to eliminate a filled position covered by this Agreement, such layoffs or eliminations seniority and will be done as follows:
a.permitted up to three (3) by providing working days to determine senior- ity rights and make proper adjustment of staff, PROVIDED that no employee may be laid off out of seniority for more than six (6) working days in one calendar year. In the Union and affected employees with at least two (2) weeks notice case of other similar circumstances, beyond the control of the effective date Company, the action to be taken shall be determined by mutual agreement of the layoff;parties.
b.(b) by subjecting to layoff the least senior employee or Probationary employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees Job Classifications affected will be terminated laid off first;.
d.(c) a full-time employee Employees with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the Job Classifications affected will be removed from the classification in inverse order of seniority and may exercise bumping rights with the pro- visos:
(i) He/she may accept layoff rather than exercise his/her bumping rights, or
(ii) He/she may elect to displace the employee holding least seniority at the next succeeding downward wage level on his/her own Flow Chart or on another Flow Chart from which he/she had moved, or on another Flow Line of his/her Flow Chart from which he/she had moved. Such employee may be assigned within the classification and program as required by the Company. In the application of this Clause, the parties recognize that the above will be the normal procedure but that there may be exceptions wherein an employee declares that he/she cannot perform the job title, and category at the next succeeding downward wage level during the prescribed time limits in which case he/she shall be permitted to displace the junior employee on the next succeeding downward wage level on the flow lines of employment;
f.) employees may drop shift and or category of employment any step belowhis/her Flow Chart.
Section 2. When (d) In no event shall an employee bump another employee who is employed in a higher paid Job Classification. (except for Letter of Intent #34)
(e) An employee, while on disability leave or any other per- ▇▇▇▇▇ leave of absence, will be laid off for lack of work in accordance with the seniority provisions of the collective agreement. The employee will be notified by registered mail of such a layoff. Any bumping rights may be exercised in accordance with the employee’s seniority when the employee is subject fit to layoff return to regular or has their position eliminated under Section 1 above, such affected modified duties.
22.02 An employee who exercises his/her bumping rights shall be placed permitted ten (10) working days to prove his/her abil- ity to do the work of the displaced employee in a position in satisfactory manner.
22.03 In the bargaining unit in event that two or more employees possess the following sequence:
Step 1: Firstsame seniority date, they the employee holding the lowest clock number shall be assigned deemed to any vacant position possess highest seniority, unless otherwise provided for in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionthis Collective Agreement.
Step 2: Second, if no vacancy exists, then 22.04 The Company will submit to the Plant Chair a list of employees to be laid off one (1) week prior to the layoff becoming effective and similarly the employee subject to the layoff may bump will be given one (1) week’s notice; or alternatively, the least senior laid off employee will be paid one (1) week’s salary in their category lieu of employmentsuch notice. A copy of any notice given to an employee by the Company in compliance with the Employment Standards Act shall be sent to the Plant Chair.
22.05 An employee while retained on the Seniority List dur- ing layoff, gradeaccumulates seniority during such a period.
(a) Subject to Clause 22.01(c), skillsa surplus employee who has recall rights will be recalled to any former job classification to which he/she had vested rights except those in which he/she refused or failed.
(b) A laid off employee having exercised his/her rights under Clause 22.01(c), shall be recalled consistent with his/her seniority to any job title he/she had vested rights to.
(c) Employees when notified of layoff as per Clause 22.05, will indicate on a form supplied by the Company those jobs he/ she wishes recall to, and shift. Step 3: Thirdwill receive a copy of said form.
22.07 However, an employee who has elected layoff cannot claim recall to any job classification on his/her flow chart which is below that from which he/she elected layoff, or be recalled to a job in which he/she had failed.
22.08 A claim by an employee that he/she has been improperly declared surplus or laid off, shall be treated as a grievance if a written statement of such grievance is lodged with the Manager, Industrial Relations, within fifteen (15) work- ing days after the employee cannot be placed in their category has been declared surplus or noti- fied of employment, grade, skills, job title and shift, they layoff. In such case Step No. 2 shall be offered the option invoked within three (3) working days following receipt of grievance.
22.09 The Plant Chair or designee shall be given an oppor- tunity to bump the least senior employee in the next lower grade but in their category of employment and shift, provided be present when the employee meets the requirements for hiring into that position and has more seniority than the incumbentis notified of a surplus in which he/she is involved.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1. 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 is becomes necessary to reduce the number of employees, the following procedures shall govern such layoff and/or subsequent reinstatement.
B. The number of people affected by a reduction in the force shall be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position. In any event, all part time employees of the Brown County Sheriff’s Office will be laid off prior to any full time employees.
C. When it becomes necessary to layoff employees covered by this Agreementreason as stated above, affected employees shall be laid off according to seniority within the 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 Brown County Sheriff’s Office computed from the latest date of hire or appointment within a given classification. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, the Sheriff and the Labor Council shall meet to eliminate determine a filled position covered by this Agreementfair and equitable means of deciding which employee shall be laid off first, such layoffs as the date the employee submitted his or eliminations will her initial application for employment. Classifications for the purpose of this Article shall be done as follows:
a.1. Certified Supervisors (Staff Lieutenant, Lieutenant, Road Sergeant, Court Service Sergeant);
2. Certified Deputies (Road Corporal, Court Service Corporal, Road Deputy, Detectives, Administrative Deputy, Court Service Deputy);
3. Corrections Supervisors (Corrections Lieutenant, Corrections Sergeant);
4. Correction Officers (Corrections Corporals, Corrections Officers);
5. Medical Staff (RN, LPN, Paramedic);
6. Cooks; and
7. Administrative Clerk Bumping rights shall be by seniority within the classification. Supervisors bumping to their applicable division shall be permitted to utilize total seniority within those two classifications for the purposes of bumping. Non-supervisory employees may only bump within their individual divisions, subject to the following paragraph, and shall be permitted to utilize classification seniority. Divisions will be Road, Court Security, and Corrections. Medical staff, cooks, and administrative staff shall have no bumping rights, unless they qualify under the succeeding paragraph. Employees with previously accumulated seniority (other than Supervisors bumping down in their applicable divisions) in a previously held classification shall be permitted to utilize that previously accumulated office seniority to bump back into the classification last held prior to the classification affected by providing the Union and affected employees with at least two layoff. Employees may also use office seniority to bump any other bargaining unit position the Sheriff deems the employee qualified to perform. Employees will receive a response from the Sheriff, in writing, whether or not they are qualified within five (25) weeks notice days of their request to bump. Any employee who is displaced shall have five (5) days to request their bump in writing.
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 following:
1. reason(s) for the layoff or reduction;
b.) by subjecting to layoff 2. the least senior effective date of layoff; and
3. a statement advising the employee or 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 job titlereverse order of layoff. Reinstatement shall be made from this list before any new employees are hired.
F. Vacancies, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option which occur because of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered to or declined in writing by the option to bump employees standing highest on the least senior employee in layoff list before the next lower grade but in person on the list may be considered. Any employee who declines reinstatement to their category prior position shall be removed from the reinstatement name list.
G. The employee’s name shall remain on the appropriate list for a period of employment 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 shift, provided 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 this Section.
I. Employees reassigned as a result of a lay off shall maintain their original classification until such time they are offered an opportunity to return to their original position. No new employee meets the requirements for hiring into that position and has more seniority than the incumbentwill be hired except as a corrections officer until such time all employees are reinstated to their original positions.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1a. If, in the sole discretion of the Board, it is determined that a layoff is necessary for any reason, the following procedures shall govern such layoff.
a.1.1 Affected employees shall be laid off according to seniority within the job classification, with the least senior employee laid off first.
b. Seniority shall be as defined in Chapter 3, Article 1.01.
c. The following classifications shall be used for the purpose of defining classification in the event of layoff: ● Bus Drivers ● Mechanics ● Maintenance ● Secretaries ● Cooks ● Custodians ● Aides
d. The Board shall determine in which classifications the layoff shall occur and the number of employees to be laid off. In the event it classification of layoff, employees with the least seniority shall be laid off first. However, full time employees within a given classification shall not be laid off when part time employees are working.
e. A full time employee who is necessary being laid off in his/her current job classification may transfer his/her seniority into another job classification if that employee worked in that job classification for Fairfield Local Schools and is qualified (or licensed, if required) to work in that job classification at the time of the layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations notification. He/she will be done as follows:placed at the salary step commensurate with his/her experience in that classification.
a.f. At least seven (7) calendar days prior to the effective date of layoffs, the Board shall prepare and share via email a list containing the names, seniority dates and classifications of those employees who are to be laid off. A copy of this posting shall be provided to the FEA. Employees laid off shall be paid for all earned but unpaid overtime and vacation days (if the employee desires or so requests) no later than fourteen (14) calendar days following the
g. For the classification in which the layoff occurs, the Board shall prepare a reinstatement list and the names of all employees who have been laid off shall be placed on a reinstatement list in the reverse order of layoff.
h. After complying with Chapter 3, Article 1.04, recalls which occur in the classification of layoff shall be offered to the senior most employee in said classification by providing certified mail to the Union employee's last known address. Any employee who declines reinstatement or fails to respond within fourteen (14) calendar days of receipt of notice of recall shall be removed from the reinstatement list and affected employees with at least shall be considered terminated. If the notice is refused, unclaimed or not deliverable, the employee will be deemed to have declined reinstatement and to have terminated his/her employment fourteen (14) calendar days after postal delivery by certified mail was attempted.
i. The employee shall remain on the reinstatement list for a period of two (2) weeks notice of years from the effective date of the layoff;
b.) by subjecting to . If reinstated from layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 aboveduring this period, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionretain all previously accumulated seniority.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. In the event it is necessary to layoff : The City shall provide Supervisory employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.no less than sixty (60) by providing the Union and affected employees with at least two (2) weeks days notice of lay-off, or, in lieu of notice, sixty (60) days pay at the effective date employee’s regular rate of pay in addition to all accrued leaves. The Union shall be furnished copies of all lay-off notices prior to notices being furnished to the layoff;affected employees.
b.) by subjecting to layoff the least senior Section 2: An employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject laid off or whose job is abolished pursuant to layoff will Section 1 shall, based on City-wide seniority, have the option of a bump bumping either laterally or downward to a lower category of employment;
e.) employees who volunteer class title in the Supervisory or Professional Bargaining Unit for which the employee is qualified and/or has the ability to be subjected trained to layoff, by seniority in perform the essential tasks of the job titlewithin ninety (90) days of appointment. In the alternative, and category employees may, at the non-arbitrary discretion of employment;
f.) employees may drop shift and or category of employment any step belowthe City Manager, be placed into a higher paid class title if qualified. Qualification criteria shall be based upon the approved position description.
Section 23: Employees laid off, demoted or transferred due to the exercise of their bumping rights or due to being bumped or whose positions are abolished, shall be placed on recall lists and recalled in order of seniority, most senior first. When an Re-appointment shall be to any vacancies, which exist, first, in the class title from which the employee was laid-off; and second, in any position for which the employee is reasonably qualified and possesses citywide seniority. Laid-off employees shall have the first right to recall for vacancies in the class title from which they were laid-off.
Section 4: Any employee, whose name is listed on a recall list, who refuses appointment to a position with seniority a lower paygrade, will have up to two opportunities to be rehired to a class title with a lower paygrade for a position for which the employee is subject to layoff or has their reasonably qualified. If there is more than one position eliminated under Section 1 aboveavailable, such affected the employee shall be placed given the option of choosing the one equal to or closest to his/her former pay grade. If both opportunities are declined, the employee shall have no further right to recall to a class title with a lower paygrade.
Section 5: Employees refusing recall to their originally held class title and paygrade lose all recall rights, and if at the time the recall is refused they are employed in a lower classification, the employee’s pay shall be lowered to the pay grade level applicable to the employee’s years of service for that lower paid class title.
Section 6: Employees not rehired or recalled within twenty-four (24) months shall not be eligible for recall.
Section 7: Employees refusing re-employment in a class title with an equal pay grade shall have no further rights to recall for the class title.
Section 8: If the recalled employee fails to respond in writing within (14) calendar days of the receipt of the notice of recall letter, then he/she shall be deemed to have refused the position offered.
Section 9: Those employees who are afforded Veteran’s Preference rights pursuant to Section 295.07 (1) (a–d), Florida Statutes, (“qualified employees") shall have their seniority dates adjusted solely for retention/layoff purposes as set forth in the bargaining unit this Article in the following sequencemanner:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.Three
Appears in 1 contract
Layoff and Recall. Section 1. (a) In the event it of layoff, the Employer shall layoff employees within their classification from the part-time or full-time seniority list, provided that there remain on the job employees who have the ability and qualifications to perform the work.
(b) For the purposes of layoff, full-time and part-time seniority lists are deemed to be separate except as may be amended below.
(c) An employee who is necessary subject to layoff employees covered by this Agreement, or shall have the right to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as followseither:
a.i) by providing accept the Union layoff; or
ii) displace an employee who has lesser bargaining unit seniority, and affected is of the same status (full-time or part-time) in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff is qualified for and can perform the duties of the identical or lower paying classification without training other than orientation. Such employee so displaced shall be laid off and may bump an employee who is of the same status (full-time or part-time), and who is a less senior employee in a lower or identical paying classification in the bargaining unit, if the employee originally subject to layoff is qualified for and can perform the duties of the lower or identical paying classification without training other than orientation. Such employee so displaced shall be laid off.
iii) where there are no employees with at least two less seniority in lower or identical paying classifications, a laid off employee will have the right to displace an employee with less seniority in another higher paying classification provided they are qualified for and can perform the duties without training other than orientation. Such employee so displaced shall be laid off and subject to the language in (c) ii) paragraph (2) weeks notice of the effective date of the layoff;two.
b.iv) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) where a full-time employee cannot bump another full-time employee in accordance with seniority the above, they can displace a part-time employee in an equal or lower paying classification who is subject less senior provided they are qualified for and can perform the duties of the classification without training other than orientation. Such part-time employee so displaced shall be laid off and shall be entitled to layoff will the rights as set out in (ii) above. A part-time employee who cannot bump another part-time employee shall likewise have the option right to displace a less senior full-time employee provided they are qualified for and can perform the duties of the classification without training other than orientation. Such full-time employee so displaced shall be laid off and shall be entitled to the rights set out in (ii) above. The decision of the employee to choose (i), (ii), (iii) or the above shall be given in writing to Human Resources within seven (7) calendar days following the notification of layoff. Employee failing to do so will be deemed to have accepted the layoff. Any other employee subsequently bumped must exercise their bumping rights within three (3) days of their being bumped.
v) orientation is defined as an opportunity for the Employer to advise the bumping employee of any particular requirements, procedures or aspects of the job and for the bumping employee to become familiar with the job processes and requirements. It is not a bump training period.
(a) An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the qualifications and ability to perform the work without training other than orientation. For clarity, in all matters of posting (permanent or temporary positions) the position(s) will be posted first. Applicants currently working, as well as those on layoff, will be considered in accordance with the job posting procedure, Article 25. A laid off employee shall retain the rights of recall for a lower category period of employment;thirty (30) months from the date of layoff.
e.(b) In determining the ability of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner.
(c) 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.
(d) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(e) It is the sole responsibility of the employee who volunteer has been laid off to notify the Employer of their 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 pursuant to the application of Article 12.08, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within seven (7) working days after being notified. The notification shall state the job to which the employee is eligible to be subjected recalled and the date and time at which the employee shall report for work. The employee is solely responsible for their proper address being on record with the Employer. Employees recalled to layoff, by seniority temporary positions as a result of being the successful applicant are entitled to refuse such offer without losing their recall rights. Employees recalled to permanent positions as a result of being the successful applicant will be advised that the recall satisfies the requirements for recall in the job title, Collective Agreement and category of employment;
f.) employees may drop shift and or category of employment any step belowthat they will not be entitled to further recall.
Section 2. (f) When an a laid off employee with seniority bids for and is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed successful in obtaining a position in the bargaining unit in the following sequence:
Step 1: Firstposted permanent position, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionhave no further recall rights.
Step 2: Second(g) Employees on layoff are responsible for maintaining the necessary qualification for performing the work of the classification from which they are laid off. If the Employer lays off employees from a particular department, if no vacancy existsthe employees will be considered qualified for purposes of recall in that department during their entire recall period, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentunless absolutely prohibited by law.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 124.01 A layoff shall be defined as a reduction in the workforce. Employees shall be laid off in reverse order of seniority by classification provided the remaining employees possess the necessary ability, qualifications, skill and employment history to perform the work. An employee who is laid off may displace the least senior employee equal or lesser to their position in that classification in their schools of choice. In the event it is necessary such a position does not exist, the employee shall be placed on recall. There shall be no more than one (1) displacement per layoff. An employee who chooses not to layoff employees covered by this Agreement, or exercise their seniority rights to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff displace the least senior employee or employees in the job titleas described, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in on a position recall list.
24.02 The Employer shall give the employee written notice of the date on which he/she is to be laid off at least thirty (30) days before the date on which he/she is to be laid off or in the bargaining unit absence of such notice, shall grant pay in the lieu thereof.
24.03 Notification of recall following sequence:
Step 1: First, they a layoff shall be assigned sent by registered letter to any vacant position the last reported address of the employee.
24.04 Employees shall be recalled in order of their classification seniority provided that the bargaining unit which is their category of employmentperson recalled has the necessary ability, gradequalifications, skillsskill and employment history to perform the work.
24.05 New employees shall not be hired if there are employees on layoff with the necessary ability, job title qualifications and shift provided skill to perform the employee meets work.
24.06 Notwithstanding 24.01 – 24.05, when the requirements for hiring into that Division loses funding, employees may be reassigned to another position.
Step 2: Second, if no vacancy exists, then 24.07 Employees may stay on the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, recall list if the position to which they are being recalled falls outside his/her chosen schools. An employee cannot be placed in their category must choose a minimum of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements three (3) schools for hiring into that position and has more seniority than the incumbentrecall purposes.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1. In the event it is necessary to layoff employees covered by this Agreementof layoff, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or Hospital shall lay off employees in the reverse order of their seniority within their classification, providing that there remain on the job title, grade, skills, shift employees who then have the ability to perform the work. to either: Accept the layoff; or displace an employee who has lesser bargaining unit seniority and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, a lower or identical paying in the bargaining unit if the employee cannot be placed in their category originally subject to layoff can perform the duties of employment, grade, skills, job title and shift, they the lower or identical classification without training than orientation. Such employee so displaced shall be offered laid off. Note: An identical paying classification shall include classification where hourly wage rate at the option level of service corresponding to bump 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 lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the next lower grade but straight time hourly rate at the level of service corresponding to that of the off employee is within of the laid-off employee's straight time hourly rate provided he can perform the duties without training other than Such employee so displaced shall be laid off. The decision of the employee to choose or above shall be given in their category writing to the designated hospital representative within ten working days (excluding Saturday, Sunday and Holidays) following the notification of employment and shiftlay-off. Employees failing to do so will be deemed to have accepted lay-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 meets to perform the requirements work for hiring into that position and has more seniority than the incumbentpurposes of the paragraphs above, the Hospital shall not act in an or unfair manner.
Appears in 1 contract
Sources: Part Time Collective Agreement
Layoff and Recall. Section (a) Prior to a layoff the Employer shall do a pre-layoff canvass, in order of seniority within the classification within the seniority block, to invite the following:
(1) placement into other available positions; or
(2) layoff with recall rights.
(b) Layoff of full-time employees shall be in reverse order of service seniority within a classification and within seniority blocks. Notice of layoff shall be in writing twenty (20) workdays prior to the effective date. Copies of such notification will be forwarded to the Union. If the employee has not had the opportunity to work twenty (20) full days after notice of layoff, he/she shall be paid in lieu of work for that part of the twenty (20) days during which work was not made available. Where the employee's position is relocated he/she shall be offered the position in the new location. An employee may decline such an offer, and Article 13.1(b) shall apply.
(c) A full-time employee affected by a layoff may choose by indicating in writing one of the following options:
(1) opt to be placed on a recall list for a period of one (1) year for the purposes of being recalled with in the specific contract area provided the employee has the necessary qualifications to perform the job. If this option is selected, no severance pay will be paid while the employee is on the recall list. Relocation expenses shall be paid by the employee;
(2) bump a junior employee in a lower classification in the same classification series within the seniority block. In doing so, he must have the event it is necessary qualifications to perform the job;
(3) fill a vacancy in another seniority block in the same classification series within the specific contract area provided the employee has the necessary qualifications to perform the job. Relocation expenses shall be paid by the employee;
(d) Full-time employees hired prior to July 30, 2002, and accepting layoff employees covered by under this Agreement, or Article shall be entitled to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done resign with severance pay based upon years of service as follows:
a.(1) by providing three (3) weeks pay at current wages for each year of service with the Union and affected employees with at least two government and/or previous Maintenance Contractor;
(2) one (1) weeks notice current wages for each year of the effective date of the layoffservice with ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇ (▇▇▇▇ ▇▇▇▇▇▇);
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.(3) a full-time employee will not receive an amount greater than six (6) months current salary. Full time employees hired on or after July 30, 2002 will be entitled to severance in accordance with seniority the
(e) An employee who bumps in accordance with (c)(2), or fills a vacancy as per (c)(3), will not have their salary reduced, however, the employee will receive no salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowreceiving.
Section 2. When an employee with seniority (f) Notice in lieu of severance at the end of Ministry of Transportation Round V Maintenance Contract is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionacceptable.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1A. Employees will be given as much advance notice as possible whenever it becomes necessary to reduce the work force. Whenever possible, reduction of the work force shall be based on seniority and ability within a classification. All things being equal, seniority shall prevail.
Section B. Accrued benefits will be prorated for personnel who are on layoff, if less than ten months into the year.
Section C. No position shall be filled by the Administration until all persons laid off have been called back to work within classification provided the laid off employee is qualified and able to perform the duties. No substitutes shall be hired by the Administration for a permanent position until all persons laid off within classification are back to work.
Section D. If permanent full-time or part-time openings occur, the Board has the responsibility to recall laid-off persons in order of seniority or up to 12 months after layoff provided the employee is qualified.
Section E. When an employee's job is eliminated or returns from an approved leave of absence (not to exceed 90 days) he/she shall have the right to use his/her seniority and bump any other employee having less seniority within the same job classification. Or, when qualified, an employee in a lower wage classification.
Section F. Any employee who has been bumped by another employee may use his/her seniority and bump any other employee having less seniority within the same job classification or, when qualified, an employee in an equal or lower wage classification.
Section G. An employee may only use this bumping right once, and must stay at the position he/she bumped into, but may bid on any position, which is up for bid.
Section H. All bumping rights must be exercised in writing and must be submitted to the Operations Office prior to the end of the second business day of the day following the employee's notification of displacement.
Section I. It is understood that if the deadline passes and no written notification is received by the Operations Office, the employee forfeits his/her bumping right and shall be assigned permanently to the position that is left after the bumping process is completed. In the event it is necessary to layoff employees covered by this Agreementmeantime, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations the employee will be done as follows:
a.) by providing assigned at the Union and affected employees with at least two (2) weeks notice discretion of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowEmployer.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section 1. A. Layoff shall be defined as a necessary reduction in the work force beyond normal attrition due to a shortage of funds or lack of work.
B. No employee shall be laid off unless said employee shall have been notified of said layoff at least ten (10) days prior to the effective date of layoff.
C. In the event it is necessary of a layoff, the Board shall first lay off probationary employee(s), then the least seniored employee(s) within the affected classification. In no case shall a new employee be hired by the Board while there are laid-off employees who are qualified for a vacant or newly created position.
D. A laid-off employee may replace an employee within another classification under the following two conditions:
1. The laid-off employee must possess equal or greater classification seniority than the employee to layoff employees covered by this Agreementbe replaced. (For classification interpretation, or see the most recent seniority list.)
2. The laid-off employee must possess greater bargaining unit seniority than the employee to eliminate be replaced.
E. In the event of a filled position covered by this Agreementreduction in the work hours in a classification, such layoffs or eliminations an employee may claim seniority over a less seniored employee 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 Board. In no case shall a reduction of any employee's work hours take effect until the Board gives ten (10) work days written notice to the affected employee. A laid-off employee shall, upon application, and at his/her option, be granted priority status on the substitute list according to his/her seniority. The employee must be qualified for the job, and will be done paid at the substitute rate. Laid-off employees may continue their health, dental, and life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Board. The above practice shall be subject to the rules and regulations of the carrier.
F. A recall list shall be provided by the Board stating the jobs available for reemployment. Recall shall be conducted as follows:
a.) by providing 1. Classification seniority shall apply when the Union and affected employees with at least available position is within an employee's former classification or classification for which the employee possesses seniority.
2. When two (2) weeks notice or more employees possess equal classification seniority for an available position, the employee with the greater bargaining unit seniority shall be given a position. A drawing shall determine a tie where employees possess equal classification and bargaining unit seniority.
3. Bargaining unit seniority shall apply when the available position does not fall within the classification of the effective date of the layoff;
b.) by subjecting to layoff the least senior presently laid-off employee or employees those classifications in which an employee possesses seniority. The employee must be qualified to do the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step belowjob.
Section 2G. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Board's records. When an The recall notice shall state the time and date on which the employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected 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 placed in 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 position in temporary basis until the bargaining unit in the following sequence:
Step 1: Firstrecalled employee can report for work, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided providing the employee meets reports within the requirements five (5) day period. Employees recalled to work for hiring into that positionwhich they are qualified are obligated to take said work. An employee who declines recall to perform work for which he/she is qualified shall forfeit his/her seniority rights.
Step H. Employees on layoff shall retain their seniority for purpose of recall for a period of two (2: Second, if no vacancy exists, then the ) years. Any employee subject to on layoff may bump the least senior employee in their category of employment, grade, skills, job title for more than two (2) years shall lose his/her seniority and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentany further rights under this Agreement.
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. Section 1. In the event of layoff for any reason, employees shall be laid off in the inverse order of their seniority in their classification. Any employee who is to be laid off shall be given a position, in a lower classification in the bargaining unit, providing the employee has greater seniority than the employee being bumped, and is qualified to perform the requirements of the job. An employee who is promoted out of the bargaining unit and into management shall retain his/hertheir unit seniority and may bump back into the unit, if laid off, if the management employee has the greater seniority as a unit member. The employee shall bump the employee in the lower class with the least seniority with the department. A sworn employee may not bump a non-sworn employee unless the sworn employee previously held the non-sworn classification. Employees shall be called back from layoff according to seniority in the classification from which the employees were laid off within the department. No new employees shall be hired in any classification until all employees on layoff status in that classification have had an opportunity to return to work. An employee on layoff status shall accept or decline an opening within fifteen (15) days of notice of termination of layoff. . Names shall be removed from the layoff list after 24 months, following the decline of an opening, or failure to respond to an offer within fifteen (15) days. If there is a shortfall of unencumbered general purpose money in the General Fund and it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position in lay off personnel within the bargaining unit in unit, the following sequence:
Step 1: First, they shall be assigned City and the Association will meet and consult prior to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title City finalizing and shift provided the employee meets the requirements for hiring into that positionimplementing its decision.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. Section 1. In cases of layoff expected to exceed a period of seven weeks, the event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing the Union and affected employees with at least two (2) weeks notice of the effective date of the layoff;
b.) by subjecting to layoff the least senior employee or following provisions shall apply; All probationary employees in the affected Department shall first be laid off provided the remaining employees are qualified to perform the available work; Employees in the affected Department shall next be displaced in reverse order of seniority (as defined in providing the remaining employees are qualified to perform the available work; Displaced employees in the affected Department shall be entitled to apply for any current job titlevacancy in the Company in order of seniority, grade, skills, shift and category of employment;
c.) all temporary and then probationary the senior applicant shall receive the job provided he/she is qualified. It is understood that such employees will be terminated first;
d.) given this opportunity before such vacancies are filled under the job posting procedure. If a full-time displaced employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority does not apply for any current job vacancy in the job titleCompany, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in a position if in the bargaining unit in opinion of the following sequence:
Step 1: FirstCompany he/she is not qualified to the function, they Such shall be assigned to any vacant position displace the most junior employee working on the job functions which the displaced employee was last permanently transferred from, provided he/she is senior to such employee. Failing the right to displace under the employee shall displace the most junior of the employees in the bargaining unit which is their category of employment, grade, skills, job title plant provided they are qualified to perform such work and shift provided they are senior to such employee. Failing the right to displace an employee under the employee meets shall displace the requirements for hiring into that position.
Step 2: Second, if no vacancy exists, then most junior of the employees in the Company provided they are qualified to perform such work and they are senior to such employee. Failing the right to displace an employee under the employee subject to layoff may bump shall displace the least senior most junior employee in their category of employmentthe Company on a job they are qualified to perform provided they are senior to such employee. An employee displaced under the above process shall be assigned in accordance with or , gradeand The next employee so displaced shall be laid off. It is understood that the above procedure is to be applied as two different groups, skills, job title one being time employees and shiftthe other being part time employees. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they Employees shall be offered displacement within their groups. Any employees so displaced shall then be laid off from work subject to retaining recall rights. Where an employee has been displaced from his/her job but not laid off from work hereunder and a permanent vacancy occurs in his/her job within three calendar months of the option date of his/her displacement, he/she shall be given the opportunity to bump return to his/her former job before it is posted unless, during such three month period, he/she has successfully bid on another job. An employee shall be entitled to recall in order of seniority to suitable permanent vacancies in either Plant, providing he/she is qualified and willing to perform such job and providing he/she has recall rights. It is understood that employees on layoff will be given the least senior opportunity for recall before such permanent job vacancies are filled under the job posting procedure. An employee who declines recall in accordance with the next lower grade but foregoing provision shall be advised that he/she has waived any further recall rights, and shall be considered as having voluntarily quit. Notwithstanding the foregoing, a part time employee may decline recall to a full time vacancy and a full time employee may decline recall to a part time vacancy. In either case they shall not be deemed to have waived any further recall rights. Any employee recalled in their category accordance with the foregoing provisions to a job other than job he/she held at the time of employment and shifthis/her layoff shall, provided during the employee meets three month period immediately following recall, be given the requirements for hiring into that position and opportunity to return to his/her former job before it is posted unless during such three month period he/she has more seniority than the incumbentsuccessfully bid on another job.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1. 10.01 In the event it of a reduction in staff, a lay-off shall be according to seniority on the seniority list. Probationary Custodians and those with the least seniority will be laid off first, unless because of their qualifications, they are needed to perform available work. It is necessary understood between the parties that in the event of a Layoff Floaters will not be called in to layoff employees covered by this Agreementcover for these absences or vacancies.
10.02 Any Employee shall have the right to refuse any position due to travel requirements beyond sixty (60) kilometres without forfeiting seniority rights.
10.03 Employees who are laid off shall continue to accumulate seniority for up to twenty-four(24) months while on lay off.
10.04 An employee laid off will be given the opportunity of bumping, in order of seniority, any employee with less seniority in the following order:
a) any employee with less seniority in the same classification for which the employee is qualified to perform the duties of the job, if there is no less senior employee, then
b) any employee with less seniority in the next lowest classification for which the employee is qualified to perform the duties of the job
c) if the employee does not bump, then the employee shall be laid off.
10.05 The Employee shall make their decision to bump, and to which position, or to eliminate be laid off, within five (5) working days of receipt of notice of layoff. Such decision shall be made in writing to the Manager of Custodial Services with a filled copy to Human Resources.
10.06 An employee who bumps into a position covered by with less pay shall have their pay level red circled until the pay they would earn in the new position catches up or exceeds that at which they were red circled.
10.07 Employees who have changed positions under this Agreementarticle shall have the right of reinstatement to a position, if such layoffs or eliminations will becomes available within eighteen (18) months of accepting the new position. The employee shall be done as follows:reinstated at the salary step that would have been attained had there been no change in positions.
a.) by providing 10.08 An Employee who is given notice of layoff may, in writing, waive the Union right of recall and affected employees with at least receive a severance allowance equal to two (2) weeks notice salary for each year of the effective date of the layoff;
b.) by subjecting service. The Board shall have no further obligation to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer to be subjected to layoff, by seniority in the job title, and category of employment;
f.) employees may drop shift and or category of employment any step below.
Section 2. When an employee with seniority is subject who elects to layoff or has their position eliminated under Section 1 above, such affected employee shall be placed in receive a position in the bargaining unit in the following sequence:
Step 1: First, severance allowance and they shall be assigned to any vacant position in considered terminated from employment with the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that positionBoard.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1. In (a) A layoff is defined as a reduction in the event it is necessary to layoff employees workforce or a reduction in the hours of work of any employee covered by this Agreement.
(b) An Employee may be laid off because of shortage of work, shortage of Funds or because of the elimination of a position or classification.
18.2 Both parties recognize job security should increase in proportion to length of service. Accordingly, subject to the other provisions of this Article, in the event of a layoff, Employees shall be laid off by classification in reverse order of their seniority.
18.3 The Employer shall give ten (10) working days notice to Employees to be laid off. If the Employee has not been given such notice, the Employee shall be paid for those days for which the Employee was not given notice.
18.4 In the event that an Employee has received notice of layoff and wishes to exercise bumping rights, the affected Employee will forward a written request to the Director of Human Resources within seven (7) calendar days of receiving the notice of layoff.
18.5 Provided the Employee has the required qualifications, skills, and experience and is immediately able to meet the full requirements of the position; the Employer will transfer the Employee to replace either of the following:
(a) The least senior Employee within the same or a different classification having the same or greater hours of work as the laid off employee within the same geographic area as the Employee; or
(b) The least senior Employee within the same or a different classification having the same or greater hours of work as the laid off employee and within another geographic area as the Employee. Notwithstanding (a) and (b) above, an employee may replace an employee with fewer hours of work by following the procedure outlined in (a) or (b) above. Any employee advised of a reduction of hours of work may choose not to exercise their rights of replacement outlined in this Article.
18.6 Geographic areas shall be defined by mutual agreement as a school or a group of schools, or to eliminate failing agreement, as a filled County.
18.7 Laid off Employees who apply for a position covered by this Agreement, such layoffs or eliminations and are qualified shall be recalled in order of their seniority before external applications are considered.
18.8 No new Employees will be done as follows:hired in any classification that the laid off Employee is qualified to perform until those laid off have been given an opportunity of re-employment.
a.) by providing the Union and affected 18.9 The Employer must provide employees with at least two one (21) weeks months’ notice of its intention regarding the effective date scheduling of the layoff;employees during Christmas, March and summer breaks.
b.) by subjecting to layoff the least senior employee or employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority 18.10 An Employee who is subject to layoff will laid off shall have the option of a bump to a lower category continuing group life and health and medical in accordance with the terms of employment;
e.the policies provided the Employee pays one hundred percent (100%) employees who volunteer to be subjected to layoff, by seniority in of the job title, and category costs of employment;
f.) employees may drop shift and or category of employment any step belowthe premiums for the plans.
Section 2. When an employee with seniority 18.11 If there are CUPE members on recall in classifications and consideration is subject being given to layoff or has their position eliminated under Section 1 abovecontracting out the work of those same classifications, such affected employee shall the Union will be placed in a position in given the bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of employment, grade, skills, job title and shift provided the employee meets the requirements opportunity for hiring into that positionconsultation.
Step 2: Second, if no vacancy exists, then the employee subject to layoff may bump the least senior employee in their category of employment, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be offered the option to bump the least senior employee in the next lower grade but in their category of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbent.18.12 Notwithstanding Article
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. Section 1. When a layoff occurs, voluntary or involuntary, or when a position is eliminated in any department, the following procedure shall govern in making layoffs:
(a) Temporary employees in the affected departments shall be laid off first, in any order.
(b) Probationary employees in the affected departments shall be laid off next, in reverse of hire, providing the remaining probationary employees in the department can perform the remaining work with normal instructions and supervision.
(c) If additional layoffs are necessary, seniority employees shall be laid off in the order of their department seniority in the department affected by the layoff, provided those who desire to exercise their seniority must be able to perform the work with normal instructions and supervision. Employees, with seniority, laid off from their department shall be entitled to bump a temporary or probationary employee in another department, and in the event there are no temporary or probationary employees, they may bump the lowest seniority employee (City- wide) then working in another department, provided they are able to perform such work with normal instruction and supervision. In the event it is necessary an employee has seniority to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows:
a.) by providing continue working but cannot perform the Union and affected employees with at least two (2) weeks notice job of the effective date lowest seniority employee, the City shall reassign the employee if there is a job the employee can perform held by a lower seniority employee. In the event employees exercise their seniority to work in another department, they must return to their permanent department or forfeit their seniority in such department upon being recalled thereto. In such case, their new department shall become their permanent department. Unless an employee has had prior experience or training in the classification, at time of the layoff;
b.) by subjecting to layoff the least senior employee or , employees in the job title, grade, skills, shift and category of employment;
c.) all temporary and then probationary employees will be terminated first;
d.) a full-time employee with seniority who is subject to layoff will have the option of a bump to a lower category of employment;
e.) employees who volunteer other classifications in other departments are not going to be subjected able to layoff, by seniority in perform the job title, work of waste-water plant operator or water plant operator with only normal instructions and category of employment;
f.) employees may drop shift and or category of employment any step belowsupervision.
Section 2. When an employee with The officers of the union shall head the seniority is subject to layoff or has list for their position eliminated under Section 1 aboverespective departments, such affected employee provided they are capable of doing the work available. They shall be placed in a position in returned to their regular standing on the bargaining unit in the following sequence:seniority lists upon termination of service as such representative.
Step 1: First, they Section 3. Recalls from layoff shall be assigned to any vacant position in the bargaining unit which is their category by order of employment, grade, skills, job title and shift seniority provided the employee meets is able to perform the requirements for hiring into that positionwork required.
Step 2: Second(a) Employees on the seniority list when recalled to work shall be given three (3) working days advance notice of the date they are to report to work. Recalls shall be made by certified mail. Copies of all notices shall be given to the committee.
(b) Employees who fail to report within three (3) working days after being notified, if no vacancy existsor fail to give a satisfactory explanation for not reporting, then will be considered as having voluntarily quit.
(c) In instances where employees cannot return to work within the required time limit, the next employee subject in point of service may be called and may be permitted to layoff may bump work until the least senior employee in their category of employmentreturns.
Section 5. When employees are called to work or laid off, grade, skills, job title and shift. Step 3: Third, if the employee cannot be placed in their category of employment, grade, skills, job title and shift, they each committee member shall be offered given the option to bump the least senior employee in the next lower grade but in their category names and order of employment and shift, provided the employee meets the requirements for hiring into that position and has more seniority than the incumbentcalling or lay off.
Appears in 1 contract
Sources: Collective Bargaining Agreement