Common use of Layoff Procedure Clause in Contracts

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A A. Once the University determines the need for a layoff is defined as a separation from state service exists, it shall employ the following procedure: 1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for involuntary reasons other than resignationlayoff, not reflecting discredit on an employeethe University will review its layoff rationale. For Where appropriate, the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationUniversity may curtail staff reductions and/or recall laid-off employee(s). The layoff procedure University shall occur in first lay off non-bargaining unit temporary employees with the following manner:same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s). a. The Department shall determine the classification(s) affected and the 2. If further reductions are required, employees in the affected job classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff laid off as far follows: a. any employees in advance as possiblethe affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, but not less than thirty or b. any employees who have an overall performance evaluation rating below standards (30) calendar days before the effective date, stating the reason(si.e. a “needs improvement” rating or below) for the layoff. The Department shall notifytwo most recent performance evaluation rating periods, or c. in writing, all affected employees the inverse order of their seniority. The Department remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall notify be defined as meeting the CIAminimum and preferred qualifications for the position to perform the work, in writing, with the exception of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the affected classification(s) in which a layoff may occur shall be terminated prior to job description. The determination of qualifications is the actual layoff responsibility of trial service or regular status employeesthe University. A trial service If the University determines that an employee is not qualified, the employee shall be laid off prior have the right to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1grieve such decision. Permanent fullPart-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Articlebefore full-time employees, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basisemployees cannot bump full-time employees. If two (2) Similarly, temporary employees cannot bump regular or more funds available employees, regardless of seniority. 3. Student employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement. 4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the Department layoff list but University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues. 5. If the work force is to be reduced, it shall be restored to accomplished by layoff and not by any hours reduction. Only by agreement between the eligible list from which certification was made if employee, University and Union can the eligible list is still activeregular hours of employees be reduced. 6. Restoration of the list shall be for the remaining If a layoff occurs during a period of eligibility that existed at unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees. 7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work. 8. Seniority will continue to accrue up to eighteen (18) months during time of appointment from spent on layoff, and the list. Regular status employees employee shall be placed on the Department layoff list for the classification held at time of retain all seniority accumulated prior to layoff. 9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator 31.1 Nothing herein shall be treated as one classificationconstrued to require the District to fill vacant, budgeted positions nor to prohibit the District from eliminating vacant positions from the budget. The District reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work. 31.2 The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002. 31.3 If, in the following manner: a. The Department shall determine the classification(s) affected sole discretion of District management, personnel reductions are necessary, layoff order and the employees in the affected classification(s) recall lists shall be notified developed based upon job classification, priority of their potential layofffunction, job performance, individual qualifications and seniority. An employee The OCEA and employees subject to layoff shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, provided with at least two weeks notification in writing, all affected employees whenever possible. 31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such requests must be made in writing to the Human Resources Department within five (5) days of their seniorityreceipt of the Layoff Notice. The Department salary of an employee who voluntarily demotes shall notify be unchanged, except that it may not exceed the CIA, in writing, maximum rate of the seniority of all employees in all affected classificationsrange for the lower level classification. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur 31.5 Recall lists shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee developed for all classifications experiencing personnel reductions, and shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or maintained for a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment two years from the listdate of layoff. Regular status employees Individuals shall be placed on the Department layoff list for in the classification held at time inverse order of layoff, so that the last person laid off is the first recalled. When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the top of the list. That individual must respond to the offer within five days, or the offer shall be made to the next person on the list. An individual who either does not respond or refuses three consecutive offers shall have their name removed from the list. 31.6 All notification and responses must be in writing and delivered either in person or by Certified Mail. It is the responsibility of all employees to keep the Human Resources Department informed of their current address, or where they may be contacted.

Appears in 5 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

Layoff Procedure. A layoff is defined as a separation from state the service for involuntary reasons reasons, other than resignationresignations, not reflecting discredit on an employee. For An employee and the purposes Union shall be given written notice of layoff at least fifteen (15) calendar days before the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationeffective date stating the reasons for the layoff. The layoff procedure shall occur in the following manner: a. The Department Agency shall determine the classification(s) affected and the specific positions to be vacated. b. Layoff lists will apply to employees in the affected classification(s) shall be notified of their potential layoffa classification. An Any regular status employee shall be given written notice of layoff as far permitted to displace an employee in advance as possible, but not the same classification with less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-c. A regular status employees/temporaries working employee notified of a pending layoff may elect to be laid off or has the options listed below: (1) The employee may displace the employee in the affected classification(s) in which same classification who is the least senior trial service employee or who is the least senior regular status employee if there are no trial service employees. To displace either a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeesemployee, the displacing employee must: (a) Have greater seniority than the trial service or regular status employee; (b) Meet any special qualifications for the position as shown in the class specification and the position description; and (c) Be capable of performing the specific requirements of the position within thirty (30) days. A If the displacing employee does not meet these criteria for the position held by the least senior employee in the same classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the same classification. (2) If no option is available in subsection (1) above, the employee may demote and displace the employee in a lower classification who is the least senior trial service employee or who is the least senior regular status employee if there are no trial service employees, and: (a) Have greater seniority than the employee to be displaced; (b) Meet any minimum or special qualifications for the position; (c) Have previously held regular status in the lower classification, including any predecessor classification; and (d) Be capable of performing the specific requirements of the position within thirty (30) days. If the displacing employee does not satisfy the above requirements or the position held by the least senior employee in the relevant lower classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the lower classification. d. No trial service or regular status employee in a particular office or duty station shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service while a temporary employee in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which same class is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed employed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffsame particular office or duty station.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as Whenever in the judgment of the City Council or City Manager it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a separation from state service for involuntary reasons other than resignationposition no longer exists, not reflecting discredit on an employee. For the purposes City Council or City Manager may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationappeal. The City will notify Association representatives, within a reasonable period of time, of any potential layoffs or work furloughs in order that potential alternatives to layoffs or work furloughs may be discussed and evaluated. In addition, the following layoff procedure shall occur procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the following manner:processing of layoffs. a. A. The Department City shall determine the classification(s) affected give employees proposed for layoff not less than a 14-calendar-day advanced written notice of separation and the employees in the affected classification(s) shall be notified of their potential layoffreason therefor. An No regular full-time employee shall be given written notice of separated under the layoff as far procedure from a department while emergency, seasonal, probationary, part-time, provisional, or temporary employees are employed and serving in advance as possible, but not less than thirty (30) calendar days before the effective date, stating same classification in the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsdepartment. b. All non-regular status employees/temporaries working in the affected classification(s) in which B. In each class within a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status department, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as recommended by the concerned department head and decided by the City Manager. In cases where there are two or more regular employees in the class from which the layoff is to be made, the following criteria are the determining factors: 1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: first, all employees having ratings of improvement needed; second, all employees having ratings of satisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding. 2. Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the basis job, amount of inverse classification seniority. For purposes of administering sick leave used during the layoff provisions of this Articleimmediate 2 past fiscal years, classification seniority is defined as the length of etc. C. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service's race, color, marital status, national origin, pregnancy, religion, sex, age, citizenship, physical disability, mental disability, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service sexual orientation. D. An employee who is laid off shall not receive a final pay check until the employee has turned in all City-owned equipment, including City identification card, and has cleared with the concerned department head the disposition of any clothing, tools, or other working materials that have been provided by the City, and has completed all exit interviews and forms which may be placed on required by the Department layoff list but City. The exit interview and appropriate forms shall be restored made available to employees prior to the layoff termination date. E. Employees shall not be terminated as a result of a layoff before they have been made a reasonable offer of reassignment if such offer is immediately possible. F. An employee designated to be laid off may bump into any vacant position available in the same class elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the City, and provided that the employee notifies the City Manager in writing of the employee's intent to exercise the bumping rights at least 10 calendar days prior to the proposed layoff effective date; otherwise, bumping rights shall be waived and barred to the employee. Thereafter, an employee may bump into any previously held position in the City provided the conditions noted above are met. An employee who is bumped shall be laid off according to the procedures outlined in this section and shall be considered laid off for the same reason as the person bumping and shall in the same manner be eligible list to bump to a position in a class within the City in which the employee formerly held a regular position. Employees who have bumped down to a lower class due to a reduction in force shall not be laid off from the lower class until all employees in the lower class, not previously affected by a layoff, have been laid off. G. The intent of this paragraph is to avoid use of the layoff procedure by providing for voluntary transfers prior to layoffs. An employee in a classification in which a position has been designated for elimination may request a transfer to a vacant position in the same or a lower classification for which the employee is qualified. Such transfer shall be subject to approval by the City Manager. In cases where the transfer was necessitated by said proposed job elimination, the service time in the position to which the employee has transferred shall be credited to service time in the position from which certification was made if the eligible list is still activeemployee transferred. Restoration of The salary step and range assigned to the list transferred employee shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.in accordance with this MOU (also see Article 24: Transfer, and Article 7:

Appears in 4 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation(a) When the Clerk determines that layoffs are necessary, not reflecting discredit on an employeethe Clerk shall determine which positions will be eliminated. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator However, temporary positions shall be treated as one classificationeliminated before the layoff of any probationary or permanent employees. (b) Probationary employees shall be laid off before permanent employees using reverse Clerk’s Office seniority. The Probationary part-time employees shall be laid off before full-time probationary employees. Permanent part-time employees shall be laid off before full-time permanent employees, using reverse Clerk’s Office seniority. (c) Employees whose positions are eliminated, and employees who are displaced by other employees by the layoff procedure process, shall occur have the right to displace other bargaining unit employees having less Clerk’s Office seniority in accordance with the following provisions: (1) Employees must accept placement in funded vacant positions for which they qualify before displacing other employees, except part-time employees may displace other less senior part-time employees rather than accepting placement in a vacant full-time position; (2) Employees must displace the least senior bargaining unit employee for whose position they qualify. (3) Employees displaced with greater Clerk’s Office seniority than remaining bargaining unit employees may displace the least senior employee for whose position they qualify. (4) Employees whose positions are eliminated or who are displaced shall exercise their displacement rights in order of their Clerk’s Office seniority, most to least. (d) To qualify for another bargaining unit position, an employee must have previously been assigned in that or a like position, or must have previously been trained to perform the tasks of that position and have the ability to perform those tasks. If the employee has not previously performed in the following manner: a. The Department shall determine position, then the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of serve a thirty (30) work day demonstration period. If the employee performance is unsatisfactory during the demonstration period, then the employee will re-exercise their displacement rights on a prospective basis. (e) Notwithstanding the above procedure, any employee whose position is eliminated or who is displaced by a more senior employee shall have the right to accept the layoff as far in advance as possible, but not less than without repercussion. (f) The Clerk will notify the Union thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff effective date of trial service or regular status employees. A trial service employee shall be laid off prior to layoffs that the layoff elimination of any regular status employeepositions has become necessary. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as A. The Employer shall schedule a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes special Labor/Management meeting at least sixty (60) days prior to implementing paragraph 3 below of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The this layoff procedure when a district wide reduction in hours may result in one or more employees being laid-off. During the Labor/Management discussion the Employer shall occur in specify the need for the reduction of staff and the severity of the reduction. At this meeting the Employer shall provide the Union with the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categoriesinformation: 1. Permanent full-time positionsUpdated seniority lists (District and Building/Workgroup) 2. Permanent partDocumentation to support the necessity for the reductions 3. Plan of action, including the timelines the Employer is considering B. Prior to implementing A3 above of this procedure, the Union shall have the opportunity to call a follow-time positionsup Labor/Management meeting to discuss alternative solutions to the layoff, or solutions that may lower the impact of such a layoff. d. Regular status C. Employees will be laid-off by: 1. The reduction in Hours Procedure for the IA workgroup, provided that the District may elect to perform a layoff through section 3(b) of this procedure at their discretion. 2. Classification in inverse order of district seniority for all workgroups other than IA’s. Those with the lowest seniority will be the first selected. D. An employee selected for layoff may displace the most junior employee in another building/workgroup, by district seniority, for which the senior employee is qualified and which does not result in a wage increase. In lieu of displacing a junior employee, a senior employee identified for layoff may elect layoff. When employees are identified for layoff from buildings they shall be laid ordered on a list (Bumping Pool) with the District in order of District seniority. The District shall identify the number of employees that will be laid-off and develop a list of lowest District seniority employees (Bumping List). Those employees in the Bumping Pool may select a job from a junior employee on the basis of inverse classification seniority. For purposes of administering the Bumping List or elect layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service and such selection/election shall be in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, writing. E. Employees who are laid-off or placed in a break different workgroup will be placed in service which is defined as a separation or interruption of employment without pay of more than recall pool for up to one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons reasons, other than resignationresignations, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected An employee and the employees in the affected classification(s) shall be notified of their potential layoff. An employee Union shall be given written notice of layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reasons for the layoff. (a) The Agency shall determine the specific positions to be vacated. (b) Separate layoff lists will apply to full-time and part-time employees in a classification. The Department Any full-time regular status employee shall notify, in writing, all affected employees of their be permitted to displace a part-time employee with less seniority. The Department However, part-time employees shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsnot displace full-time employees. An initial trial service employee cannot displace any regular status employee. b. All non-regular status employees/temporaries (c) Temporary employees working in the affected classification(s) classification and geographic area in which a the layoff may occur occurs shall be terminated prior to before the actual layoff of trial service or regular status employees. . (d) A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees employee notified of a pending layoff shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than select one (1) yearof the following options, and communicate such choice in writing to the Agency’s Appointing Authority within five (5) calendar days from the date of receipt of the written layoff notice: (1) The employee may displace the employee in the Agency with the lowest seniority in the same classification for which he/she is qualified in the same geographic area in the Agency where the layoff occurs and regardless of bargaining unit representation. (2) If no positions are accessible under Section 1, subsection (d) (1), the employee may bump the employee in the Agency with the lowest seniority in the same geographic area in any classification within the same salary range in which the employee held regular status, including any predecessor classifications. (3) The employee may demote to the lowest seniority position in any classification for which he/she is qualified within the Agency and geographic area and regardless of bargaining unit representation provided the employee has exhausted his/her option for placement under Section 1(d) (1). (4) The employee may elect to be laid off. All part-time service shall His/her name will be credited placed on a prorated basis. If the Agency Layoff List in seniority order. (e) An employee exercising option 1(d) (1) or (2) must meet the minimum qualifications of the position as stated in the class specification, plus any special qualifications stated in the position description and must be capable of performing the specific requirement of the position within two (2) or more employees have equal service creditweeks. The Agency shall be the sole determinant of whether the employee is capable of performing such duties. The Agency’s decision can be grieved by the affected employee. If an employee cannot meet these requirements, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored may displace or demote to the eligible list from next lowest seniority position in the classification, provided that the incumbent in the next lower position has lower seniority than the employee displacing or demoting in the same geographic area in which certification was made if the eligible list layoff is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layofftaking place.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignationConsistent with the foregoing, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department event that the Board finds it necessary to reduce the number of covered employees through layoff of employment, or reduce the number of employees in a given job, field or program, or eliminate or consolidate positions, or eliminate a program altogether, the Board shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice order of layoff as far in advance follows: A. All temporary and substitute employees working within the affected job will be laid off first. B. All probationary employees within the affected job shall then be laid off. C. Employees with the least amount of accrued seniority within the job will be laid off. D. The employee who occupies the position which has been eliminated will be bumped to the position for which the employee meets the qualifications as possibledetermined by the administration, which is occupied by the employee with the least seniority within the Unit, which is equal to or greater than the same work year and work hours or the job with the least amount of economic impact on the affected employee, provided the employee has seniority over that employee. Determination of qualifications will include, but will not less than be limited to, consideration of the employee's education and training, experience, and personal qualities. E. In the event the Board determines that multiple layoffs are necessary, the Board agrees to meet with the Union Stewards and representatives prior to effectuating layoffs to discuss alternatives to such layoffs. The administration will decide all matters related to such layoffs. F. An employee who has bumped pursuant to this procedure will be subject to a trial period of thirty (30) calendar working days before during which the effective dateemployee must demonstrate the ability to satisfactorily perform all of the duties of the position. This period may be extended to a maximum of eighty (80) days at administrative discretion. If the employee does not succeed the employee will be laid off. G. Employees will be given at least thirty (30) working days notice of layoff or shorter notice as necessitated by special circumstances. In no event, stating the reason(swill employees be given less than fifteen (15) for the layoff. The Department shall notifyworking days notice, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff The Employer may lay off employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a reduction in the work force due to a shortage of work or funds, the abolition of positions, changes in departmental organization or for other reasons. Whenever a reduction in the work force occurs, the following procedure shall be utilized: A. If a notice of reduction in the work force is defined as a separation from state service given pursuant to this section, for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of communication, the Employer, upon request, will meet with the Association to discuss the impact of such layoff. B. The parties acknowledge that there are many non-paid volunteers or cooperative programs with pay that function in association with the Sheriff Department. The parties agree that in the event of a layoff within the Criminal Investigator and Criminal Financial Investigator bargaining unit, these programs may continue in effect, but the Employer agrees that the hours of work now scheduled for the cadets shall not be increased nor shall the police reserves or traffic squad be utilized to replace the patrol functions now performed by members of the bargaining unit. Qualified employees on layoff shall be treated as one classification. The layoff procedure shall occur given the opportunity in accordance with their seniority to perform the following manner:seasonal marine patrol duties, part-time park police. a. The Department shall determine the classification(s) affected and the C. Part-time employees in the classification affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status first, then probationary employees shall be laid off on providing that the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more non- probationary employees have equal service creditthe experience, qualifications and present ability to perform the order of layoff shall required work. The next employee(s) to be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but employee with the least bargaining unit seniority among the classification or rank reduced, provided, however, that the remaining senior employees have the experience, qualifications and the present ability to perform the required work. Further layoffs shall be restored accomplished by the inverse order of bargaining unit seniority provided that the remaining senior employees have the experience, qualifications and present ability to perform the eligible list from which certification was made if required work. D. If a sergeant is to be reduced, the eligible list is still active. Restoration of employee with the list least rank seniority shall be for laid off first, provided that the remaining period of eligibility that existed at senior sergeants have the time of appointment from experience, qualifications and present ability to perform the list. Regular status employees required work. E. Upon being laid off, a sergeant, if he so requests shall be placed on the Department layoff list for the classification held at time be, in lieu of layoff, demoted to a patrol officer provided, however, that he has the required qualifications and that he has the greater bargaining unit seniority than the employee whom he is to replace. An ECS II, if he so requests, upon being laid off, shall be, in lieu of layoff, demoted to an ECS I position, An ECS I, if he so requests, upon being laid off, shall be, in lieu of layoff, demoted to an ECO II, An ECO II if he so requests, upon being laid off, shall be, in lieu of layoff, demoted to an ECO I, provided, however, that he has the required qualifications and that he has the greater bargaining unit seniority than the employee whom he is to replace.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. a) When the Agency believes that a lack of funds requires a layoff, the Agency will notify the Federation no fewer than fifteen (15) calendar days before the Agency issues initial layoff notices. The parties will meet, if requested by either the Agency or Federation, to consider alternatives to layoffs such as voluntary reductions in hours or workdays, temporary interruptions of employment or other voluntary employment options. Alternatives to the layoffs shall require mutual agreement between the Agency and Federation. In the absence of any mutual agreement, the Agency will implement layoff procedures consistent with the current applicable agreement. b) Agency and Federation discussions under this agreement shall not constitute interim bargaining under the Public Employees collective Bargaining Act. The parties shall not be required to use the dispute resolution procedures contained in the Public Employees Collective Bargaining Act. Section 2. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of a pending layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reason for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which Section 3. Prior to a layoff may occur layoff, service credits shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent for all full-time positions 2. Permanent and part-time positions d. Regular status employees shall be laid off (including job share), on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) yearlist. Section 4. All part-time service The classification and functional unit to be affected by any particular layoff shall be credited on identified by the Agency at the time the layoff is declared. Order of layoff within the designated classification and functional unit shall be determined by the lowest service credit from the list in Section 3. It is understood that when an employee who is to be laid off possesses knowledge, skill, or ability, the loss of which in the judgment of the Agency would seriously impact operations, the Agency may hold that employee in active status, while laying off the next employee in service credit order in the employee’s stead. When it is necessary to hold an employee, who would otherwise be laid off, the Agency will document the need and such documentation shall be accessible to the Federation for its review. Any dispute in this regard may be taken up as a prorated basisgrievance by the Federation. If an employee is underfilling a position, the employee will be considered in the higher classification for the purposes of this Article. If it is found that two (2) or more employees in the Agency in which the layoff is to be made have equal service creditcredits, the order of layoff shall be in inverse order of the greatest length of continuous state State service. Any trial service employee who is laid off shall not be placed on If ties between employees still exist, the Department order of layoff list but shall be restored determined by the Appointing Authority in such a manner as to conserve for the eligible list from which certification was made if State the eligible list is still active. Restoration services of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffmost qualified employees.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignationWhenever layoffs become necessary, not reflecting discredit on an employeethe agency shall designate the position to be affected. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure Layoff shall occur in within employment condition (unlimited full-time, unlimited part-time, seasonal full-time, seasonal part-time, intermittent) and within the following manner: a. The Department shall determine the classification(sseniority unit. At least twenty-one (21) affected calendar days, and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than whenever practicable thirty (30) calendar days before days, written notice of the layoff shall be given to the affected employee and the Council prior to the effective date, stating date of the reason(s) layoff. Agencies are encouraged to provide longer notice. The written notice shall specify the reason for the layoff and an estimated duration for the layoff. The Department At the Agency’s discretion, an employee under notice of permanent layoff may be granted up to one hundred and sixty (160) hours of paid leave, ending at the date of layoff. Hours of leave may be granted at any time throughout the layoff notice period and shall notifynot be subject to the Application and Reinstatement provisions of Article 10, Leaves of Absence. When two or more positions in the same class, seniority unit and employment condition are designated for layoff simultaneously, the affected employees shall exercise their layoff options in order of their Classification Seniority. It shall be the policy of the Agency to make a reasonable effort to minimize the amount of bumping and relocation which might occur in the event a layoff is necessary, provided that said policy is not subject to the provisions of Article 15, Grievance Procedure.‌‌ Before an employee whose position has been abolished is laid off, they shall be reassigned to a vacant position, if one exists, within thirty-five (35) miles of their current work location (in the case of MnDOT, within their seniority unit), in writingtheir current classification, all affected employees of their seniorityemployment condition and seniority unit, provided that they are qualified for the position. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall vacancy need not be terminated posted prior to the actual layoff of trial service or regular status employeesreassignment. A trial service Where the preceding action cannot be accomplished, an employee shall about to be laid off shall be advised of their alternatives within options 1-4 listed below at least seven (7) days prior to the layoff layoff. The employee shall then select one of any regular status employee. c. Employees shall be laid off and seniority calculated within these options at least three (3) days prior to layoff. In lieu of the following separate categories:options, the employee may elect to accept a vacancy in the same agency and employment condition, in the same class or in an equal or lower class in which the employee previously served or for which the employee is determined qualified by the Employer. The vacancy need not be posted prior to offering it to an employee on notice of layoff. An opportunity to take a vacancy is mandatory over bumping when the vacancy is in the same class or is in a transferable class, same employment condition and is within thirty-five (35) miles (in the case of MnDOT within seniority unit). The employee shall proceed through the following alternatives, if available, in numerical order. 1. Permanent fullBump in the same class within thirty-time positions 2five (35) miles (seniority unit in MnDOT). Permanent part-time positions d. Regular status employees shall be laid off Proceeding on the basis of inverse classification seniorityorder of the Classification Seniority of the employees currently occupying the positions, the employee shall bump into the first position for which they are qualified, that is located within thirty-five (35) miles of their current work location (in MnDOT, within their seniority unit), in their current classification, employment condition and agency, provided that the position is occupied by an employee with less Classification Seniority than the employee bumping; or 2. For purposes of administering If the layoff provisions of this Articleabove option is not available, classification seniority is defined as the length of an employee’s continuous service employee shall either: a. Bump in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption same class statewide. Proceeding on the basis of employment without pay inverse order of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more the Classification Seniority of the employees have equal service creditcurrently occupying the positions, the employee shall bump into the first position for which they are qualified in their current classification, employment condition and agency, provided that the position is occupied by an employee with less Classification Seniority than the employee bumping. b. Bump into a lower or equal class within thirty-five (35) miles (seniority unit in MnDOT). Proceeding on the basis of inverse order of layoff shall be in inverse the Classification Seniority of the greatest length employees currently occupying the positions, the employee shall bump into the first position for which they are qualified, that is located within thirty- five (35) miles of continuous state servicetheir current work location (in MnDOT within their seniority unit), in the next lower or equal classification, in the employment condition and agency in which the employee bumping is currently serving, provided that the position is occupied by an employee with less Classification Seniority than the employee bumping.‌‌‌‌ 3. Any trial service employee who is laid off shall not be placed Bump into a lower or equal class statewide. Proceeding on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration basis of inverse order of the list Classification Seniority of the employees currently occupying the positions, the employee shall be bump into the first position for which they are qualified in the remaining period of eligibility next lower or equal classification, in the employment condition and agency in which the employee bumping is currently serving, provided that existed at the time of appointment from position is occupied by an employee with less Classification Seniority than the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffemployee bumping.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service The procedure for involuntary reasons other than resignationlayoff, not reflecting discredit on an employee. For once the purposes number of layoff the Criminal Investigator and Criminal Financial Investigator positions to remain by classification has been determined, shall be treated as one follows: 1. Priority lists shall be established for retained positions in each classification. The layoff procedure lists shall occur include the names of those employees who, based on their seniority within the classification, qualify to fill the retained positions. Where two or more employees have the same seniority within a classification, seniority between those employees shall be determined by time in City service in any classification. Employees within a classification, who are not qualified by seniority to be on the following manner: a. The Department priority list for the classification, shall determine be eligible to compete, by seniority, for the classification(s) affected and next lower classification priority list. If the employees are unsuccessful in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possiblequalifying for this lower priority list, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees they shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positionsplaced on a reinstatement list. 2. Permanent part-time positionsOnce priority lists have been established for each classification, the bumping and layoff process would then take place. Employees are authorized to bump to a previously held classification if they meet the following criteria: d. Regular status employees a. Their classification has been deleted by the City. b. They hold a position on the priority list for their classification but are displaced (bumped) by an employee from a higher classification. c. Once an employee has “bumped” to a previously held lower level position, they shall not be affected further by the current round of layoffs. If an employee is authorized to bump by meeting the above criteria, he/she will occupy the position held by the least senior employee on the priority list for that classification, who shall be displaced and authorized to bump downward. A regular employee who is bumped or accepts demotion in accordance with this procedure in lieu of layoff retains reinstatement right to his/her former classification. If an employee is not authorized to bump down, due to failure to meet the above criteria, he/she will be laid off and placed on the basis of inverse classification seniorityreinstatement list. 3. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length employees promoted out of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary servicethis unit of representation shall, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse upon completion of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored probationary period in their new position, lose all seniority and bumping rights to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layofftheir former position.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Layoff Procedure. A The Employer may layoff is defined as employees whenever it deems such action to be necessary. Whenever a separation from state service for involuntary reasons other than resignationreduction in the work force occurs, not reflecting discredit the following procedure shall be utilized. Layoffs shall take place on a Departmental basis in accordance with an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur ’s bargaining unit seniority in the following manner: a. The Department shall determine the classification(s) classification affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for by the layoff. The Department shall notify, in writing, all affected first employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working to be laid off in the affected classification(s) in which a layoff may occur classifications shall be terminated prior probationary employees, followed by those employees with the least amount of seniority in such classification, provided, however, the senior employees retained presently have the necessary training, experience, qualifications, and skills and ability to perform the actual layoff of trial service or regular status employeesremaining required work. A trial service non-probationary employee laid off from their classification shall, by utilizing their seniority within the bargaining unit, be reassigned by the Employer to displace the employee who possesses the least amount of seniority, within the bargaining unit, in an equal or lower rated classification within the same Department. The employee afforded this displacement right must presently have the necessary training, experience, qualifications, skill and ability to perform the work required. The employee shall be laid off prior to deemed qualified for the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off displacement right on the basis of inverse classification seniority. For purposes of administering meeting the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service minimum requirements existing in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, job description prior to the order of layoff shall be in inverse emergence of the greatest length of continuous state servicenecessity for lay-off. A senior employee afforded this displacement right will be paid the salary rate for the equal or lower rated classification at the same progression Step they currently hold. Any trial service employee who is laid off shall not be placed on eligible to exercise the Department layoff list but displacement rights provided for in this subsection and who refuses to accept the reduction to a position paying no less than two-thirds (2/3) of the employees normal weekly wages shall be restored considered to the eligible list have resigned from which certification was made if the eligible list is still activeemployment. Restoration of the list There shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffno bumping between Departments.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as Whenever in the judgment of the City Council or City Manager it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a separation from state service for involuntary reasons other than resignationposition no longer exists, not reflecting discredit on an employee. For the purposes City Council or City Manager may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationappeal. The City will notify Association representatives, within a reasonable period of time, of any potential layoffs or work furloughs in order that potential alternatives to layoffs or work furloughs may be discussed and evaluated. In addition, the following layoff procedure shall occur procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the following manner:processing of layoffs. a. A. The Department City shall determine the classification(s) affected give employees proposed for layoff not less than a 14-calendar-day advanced written notice of separation and the employees in the affected classification(s) shall be notified of their potential layoffreason therefore. An No regular full- time employee shall be given written notice of separated under the layoff as far procedure from a department while emergency, seasonal, probationary, part-time, provisional, or temporary employees are employed and serving in advance as possible, but not less than thirty (30) calendar days before the effective date, stating same classification in the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsdepartment. b. All non-regular status employees/temporaries working in the affected classification(s) in which B. In each class within a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status department, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as recommended by the concerned department head and decided by the City Manager. In cases where there are two or more regular employees in the class from which the layoff is to be made, the following criteria are the determining factors: 1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: first, all employees having ratings of improvement needed; second, all employees having ratings of satisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding. 2. Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the basis job, amount of inverse classification seniority. For purposes of administering sick leave used during the layoff provisions of this Articleimmediate 2 past fiscal years, classification seniority is defined as the length of etc. C. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service's race, color, marital status, national origin, pregnancy, religion, sex, age, citizenship, physical disability, mental disability, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service sexual orientation. D. An employee who is laid off shall not receive a final pay check until the employee has turned in all City-owned equipment, including City identification card, and has cleared with the concerned department head the disposition of any clothing, tools, or other working materials that have been provided by the City, and has completed all exit interviews and forms which may be placed on required by the Department layoff list but City. The exit interview and appropriate forms shall be restored made available to employees prior to the layoff termination date. E. Employees shall not be terminated as a result of a layoff before they have been made a reasonable offer of reassignment if such offer is immediately possible. F. An employee designated to be laid off may bump into any vacant position available in the same class elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the City, and provided that the employee notifies the City Manager in writing of the employee's intent to exercise the bumping rights at least 10 calendar days prior to the proposed layoff effective date; otherwise, bumping rights shall be waived and barred to the employee. Thereafter, an employee may bump into any previously held position in the City provided the conditions noted above are met. An employee who is bumped shall be laid off according to the procedures outlined in this section and shall be considered laid off for the same reason as the person bumping and shall in the same manner be eligible list to bump to a position in a class within the City in which the employee formerly held a regular position. Employees who have bumped down to a lower class due to a reduction in force shall not be laid off from the lower class until all employees in the lower class, not previously affected by a layoff, have been laid off. G. The intent of this paragraph is to avoid use of the layoff procedure by providing for voluntary transfers prior to layoffs. An employee in a classification in which a position has been designated for elimination may request a transfer to a vacant position in the same or a lower classification for which the employee is qualified. Such transfer shall be subject to approval by the City Manager. In cases where the transfer was necessitated by said proposed job elimination, the service time in the position to which the employee has transferred shall be credited to service time in the position from which certification was made if the eligible list is still activeemployee transferred. Restoration of The salary step and range assigned to the list transferred employee shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffin accordance with this MOU (also see Article 25: Transfer, and Article 8: Compensation, Section 8.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Layoff Procedure. a) When the Agency believes that a lack of funds requires a layoff, the Agency will notify the union no fewer than fifteen (15) calendar days before the Agency issues initial layoff notices. The parties will meet, if requested by either the Agency or Union, to consider alternatives to layoffs such as voluntary reductions in hours or workdays, temporary interruptions of employment or other voluntary employment options. Alternatives to the layoffs shall require mutual agreement between the Agency and Union. In the absence of any mutual agreement, the Agency will implement layoff procedures consistent with the current applicable agreement. b) Agency and Union discussions under this agreement shall not constitute interim bargaining under the Public Employees collective Bargaining Act. The parties shall not be required to use the dispute resolution procedures contained in the Public Employees Collective Bargaining Act. Section 2. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of a pending layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reason for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeesSection 3. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority service credits calculated within the following separate mutually exclusive categories: 1. Permanent fulla) Full-time, b) Part-time positions(including job share). 2Section 4. Permanent part-The classification and functional unit to be affected by any particular layoff shall be identified by the Agency at the time positions d. Regular status employees the layoff is declared. Order of layoff within the designated classification and functional unit shall be determined by the lowest service credit. It is understood that when an employee who is to be laid off on possesses knowledge, skill, or ability, the basis loss of inverse which in the judgment of the Agency would seriously impact operations, the Agency may hold that employee in active status, while laying off the next employee in service credit order in the employee’s stead. When it is necessary to hold an employee, who would otherwise be laid off, the Agency will document the need and such documentation shall be accessible to the Union for its review. Any dispute in this regard may be taken up as a grievance by the Union. If an employee is underfilling a position, the employee will be considered in the higher classification seniority. For for the purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If it is found that two (2) or more employees in the Agency in which the layoff is to be made have equal service creditcredits, the order of layoff shall be in inverse order of the greatest length of continuous state State service. Any trial service employee who is laid off shall not be placed on If ties between employees still exist, the Department order of layoff list but shall be restored determined by the Appointing Authority in such a manner as to conserve for the eligible list from which certification was made if State the eligible list is still active. Restoration services of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffmost qualified employees.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff The Employer may lay off employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a reduction in the work force due to a shortage of work or funds, the abolition of positions, changes in departmental organization or for other reasons. Whenever practicable, the reductions should be made by restricting recruitment, transfers to vacant lateral or lower level positions where the employee is defined as capable of performing the work and/or normal attrition, but if deemed necessary by the Employer, layoffs will be utilized. Whenever a separation from state service for involuntary reasons other than resignationreduction in the work force occurs, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator following procedure shall be treated as one classificationutilized: (a) If a notice of reduction in the work force is given pursuant to this Section, the Employer, upon request, will meet with the Association to discuss the impact of such layoff. (b) The parties acknowledge that there are many non-paid volunteers or cooperative programs with pay that function in association with the Sheriff’s Department. The layoff procedure shall occur parties agree that in the following manner: a. The Department shall determine event of a layoff within the classification(s) affected and the employees bargaining unit, these programs may continue in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possibleeffect, but not less than thirty (30) calendar days before the effective date, stating Employer agrees that the reason(s) hours of work now scheduled for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off reserves and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off cadets shall not be placed on increased. The parties agree, in accord with this Subsection, that the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration hours of the list shall be work now scheduled for the remaining period of eligibility that existed Cadets and Reserves at the time of appointment from the list. Regular status signing of this Agreement is a total of five hundred sixty (560) hours per week. (c) Probationary employees shall be placed on the Department layoff list for first employees to be laid off providing that the more senior employees have the experience, qualifications and present ability to perform the required work. The next employee to be laid off shall be the employee with the least bargaining unit seniority or rank seniority in the classification held at time or rank affected by the layoff, provided however, that the remaining senior employees have the experience, qualifications and the present ability to perform the required work. Further layoffs shall be accomplished by the inverse order of bargaining unit seniority or rank seniority in the classification or rank affected, provided that the remaining senior employees have the experience, qualifications and present ability to perform the required work. (d) Upon being laid off, a sergeant shall be in lieu of layoff, demoted to a Corrections Officer position, provided, however, that he has the required qualifications and that he has greater bargaining unit seniority than the employee he is replacing. (e) Upon being laid off, the Scientific Support Unit Team Leader shall in lieu of layoff, be demoted to a Scientific Support Unit Specialist provided, however, that he has the required qualifications and that he has greater bargaining unit seniority than the employee he is replacing.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A The GM may layoff, without prejudice, any regular employee due to lack of appropriate funds, curtailment or lack of work, or other reasons. Such layoff is defined as shall take effect ten (10) working days after the receipt by the employee of a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employeenotice in writing of the proposed layoff action. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator Layoffs shall be treated as one by classification within each Department. When it becomes necessary to reduce the number of employees within a given employee classification. The layoff procedure shall occur , the GM, or designee, will lay off employees in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categoriesorder: 1. Permanent full-time positionsTemporary employees. 2. Permanent part-time positionsProbationary employees. d. 3. Regular status part‐time employees. 4. In the layoff of regular full‐time employees, first consideration shall be given to seniority, subject to the employee’s past performance and the employee’s qualifications to satisfactorily perform the job. Employees permanently laid off as a result of their work being subcontracted by the Authority will receive three (3) months of base wages as severance pay and will receive medical, dental and vision premium contributions for the three (3) month period following the effective date of the layoff. Additionally, employees shall be laid off entitled to compete for job openings at the Authority for which they qualify on the same basis as in‐house candidates for a period of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than up to one (1) yearyear from the date of layoff. Employees who have been laid off will have a recall period of one (1) year wherein they will be entitled to recall in inverse order of layoff. In the event they are recalled, employees must pass a physical, drug screen, and background check, all of which will be at the Authority’s expense. Such employee shall report to work no later than fifteen (15) calendar days from receipt of notice from the Authority to report to work, but will be granted a reasonable extension of time upon their request, showing a justifiable reason why they will be unable to report to work on the date specified. All part-time service notices required to be sent under this section will be sent to the employee at the last address filed by them in writing with the Authority. There shall be credited no obligation on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse part of the greatest length of continuous state service. Any trial service Authority to recall an employee who is laid off shall not fails to keep their mailing address on file with the Authority. The probationary period for regular employees who are rehired following layoff from Authority service will be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffwaived.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons reasons, other than resignationresignations, not reflecting discredit on an employee. For An employee and the purposes Union shall be given written notice of layoff at least fifteen (15) calendar days before the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationeffective date stating the reasons for the layoff. The layoff procedure shall occur in the following manner: a. (a) The Department Agency shall determine the classification(sspecific positions to be vacated. (b) affected Separate layoff lists will apply to full-time and the part-time employees in the affected classification(s) shall be notified of their potential layoffa classification. An Any full-time regular status employee shall be given written notice of layoff as far in advance as possible, but not permitted to displace a part-time employee with less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department However, part-time employees shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsnot displace full-time employees. An initial trial service employee cannot displace any regular status employee. b. All non-regular status employees/temporaries (c) Temporary employees working in the affected classification(s) classification and geographic area in which a the layoff may occur occurs shall be terminated prior to before the actual layoff of trial service or regular status employees. . (d) A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees employee notified of a pending layoff shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than select one (1) yearof the following options, and communicate such choice in writing to the Agency’s Appointing Authority within five (5) calendar days from the date of receipt of the written layoff notice: (1) The employee may displace the employee in the Agency with the lowest seniority in the same classification for which he/she is qualified in the same geographic area in the Agency where the layoff occurs and regardless of bargaining unit representation. (2) If no positions are accessible under Section 1, subsection (d) (1), the employee may bump the employee in the Agency with the lowest seniority in the same geographic area in any classification within the same salary range in which the employee held regular status, including any predecessor classifications. (3) The employee may demote to the lowest seniority position in any classification for which he/she is qualified within the Agency and geographic area and regardless of bargaining unit representation provided the employee has exhausted his/her option for placement under Section 1(d) (1). (4) The employee may elect to be laid off. All part-time service shall His/her name will be credited placed on a prorated basis. If the Agency Layoff List in seniority order. (e) An employee exercising option 1(d) (1) or (2) must meet the minimum qualifications of the position as stated in the class specification, plus any special qualifications stated in the position description and must be capable of performing the specific requirement of the position within two (2) or more employees have equal service creditweeks. The Agency shall be the sole determinant of whether the employee is capable of performing such duties. The Agency’s decision can be grieved by the affected employee. If an employee cannot meet these requirements, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored may displace or demote to the eligible list from next lowest seniority position in the classification, provided that the incumbent in the next lower position has lower seniority than the employee displacing or demoting in the same geographic area in which certification was made if the eligible list layoff is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layofftaking place.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service The procedure for involuntary reasons other than resignationlayoff, not reflecting discredit on an employee. For once the purposes number of layoff the Criminal Investigator and Criminal Financial Investigator positions to remain by classification has been determined, shall be treated as one follows: 1. Priority lists shall be established for retained positions in each classification. The layoff procedure lists shall occur include the names of those employees who, based on their seniority, qualify to fill the retained positions. Where two or more employees have the same seniority date, seniority between those employees shall be determined by time in City service in the following manner: a. The Department classification. Employees within a classification, who are not qualified by seniority to be on the priority list for the classification, shall determine be eligible to compete, by seniority, for the classification(s) affected and next lower classification priority list. If the employees are unsuccessful in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possiblequalifying for this lower priority list, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees they shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positionsplaced on a reinstatement list. 2. Permanent part-time positionsOnce priority lists have been established for each classification, the bumping and layoff process would then take place. Employees are authorized to bump to a previously held classification if they meet the following criteria: d. Regular status employees a. Their classification has been deleted by the City. b. They hold a position on the priority list for their classification but are displaced (bumped) by an employee from a higher classification. c. Once an employee has ‘bumped’ to a previously held lower level position, they shall not be affected further by the current round of layoffs. If an employee is authorized to bump by meeting the above criteria, he/she will occupy the position held by the least senior employee on the priority list for that classification, who shall be displaced and authorized to bump downward. A regular employee who is bumped or accepts demotion in accordance with this procedure in lieu of layoff retains reinstatement right to his/her former classification. If an employee is not authorized to bump down, due to failure to meet the above criteria, he/she will be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the reinstatement list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification1. The following guidelines will be utilized whenever an ancillary staff layoff procedure shall occur in the following manner:becomes necessary due to financial and/or student count reasons. a. The Department shall determine When it becomes apparent that layoffs may be necessary, representatives of the classification(s) affected Employer and the employees in Association will meet to permit the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before Employer to outline the effective date, stating the reason(s) need for the layoff. The Department shall notify, proposed reduction in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsancillary staff. b. All non-regular status employees/temporaries working in ▇. ▇▇ the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status extent permitted by law, probationary ancillary staff employees shall be laid off before non-probationary ancillary staff employees. Written notification of potential layoff will be given to all affected tenured and non-tenured employees at least sixty (60) days prior to layoff. c. The identification of the positions to be eliminated will be determined by the Employer. d. After all restatements, retirements, or any other new positions are examined, the ancillary staff affected by the reduction in the number of positions the district has will be allowed to fill the open positions on the a basis of inverse classification seniority. For purposes of administering . e. In the layoff provisions of this Articleevent that there is still not an open position for which the ancillary staff is certified, classification seniority is defined as the length of an employee’s continuous service district will examine, beginning with the lest senior ancillary staff in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary servicedistrict, employees who may be certified to fill open positions where such transfer would result in an opening appropriate for the ancillary staff who was displaced. (Example- a middle school teacher has lost her position due to a reduction in the number of music sections. A teacher will wither be laid off at the elementary level- up to the point of their seniority- or transferred to another position, i.e. regular ed teacher moved to special ed. Position to make a break in service which position open for that teacher to move to the elementary). f. In the event that new opening should occur due to a resignation or retirement or identification of a new position that is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service needed, the entire process shall be credited on repeated, beginning with the most senior displaced ancillary staff, with the consideration that no one will receive an assignment that could result in someone else losing a prorated basisposition. If two (2) or more This process is followed until all laid-off employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffare recalled.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as Whenever in the judgment of the City Council or City Manager it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a separation from state service for involuntary reasons other than resignationposition no longer exists, not reflecting discredit on an employee. For the purposes City Council or City Manager may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationappeal. The City will notify association representatives, within a reasonable period of time, of any potential layoffs or work furloughs in order that potential alternatives to layoffs or work furloughs may be discussed and evaluated. In addition, the following layoff procedure shall occur procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the following manner:processing of layoffs. a. A. The Department City shall determine the classification(s) affected give employees proposed for layoff not less than 14 calendar days advance written notice of separation and the employees in the affected classification(s) shall be notified of their potential layoffreason therefor. An No regular full-time employee shall be given written notice of separated under the layoff as far procedure from a department while emergency, seasonal, probationary, part-time, provisional, or temporary employees are employed and serving in advance as possible, but not less than thirty (30) calendar days before the effective date, stating same classification in the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsdepartment. b. All non-regular status employees/temporaries working in the affected classification(s) in which B. In each class within a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status department, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as recommended by the department head and decided by the City Manager. In cases where there are two or more regular employees in the class from which the layoff is to be made, the following criteria are the determining factors: 1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: first, all employees having ratings of improvement needed; second, all employees having ratings of satisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding. 2. Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the basis job, amount of inverse classification seniority. For purposes of administering sick leave used during the layoff provisions of this Articleimmediate two past fiscal years, classification seniority is defined as the length of etc. C. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service's race, color, marital status, national origin, religion, sex, age, citizenship, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service physical handicap. D. An employee who is laid off shall not receive a final pay check until the employee has turned in all City-owned equipment, including City identification card, and has cleared with the department head the disposition of any clothing, tools, or other working materials that have been provided by the City, and has completed all exit interviews and forms which may be required by the City. The exit interview and appropriate forms shall be made available to employees prior to the layoff termination date. E. Employees shall not be terminated as a result of a layoff before they have been made a reasonable offer of reassignment if such offer is immediately possible. F. An employee designated to be laid off may bump into any vacant position available in the same class elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the City, and provided that the employee notifies the City Manager in writing of the employee's intent to exercise the bumping rights at least 10 calendar days prior to the proposed layoff effective date; otherwise, bumping rights shall be waived and barred to the employee. Thereafter, an employee may bump into any previously held position in the City provided the conditions noted above are met. An employee who is bumped shall be laid off according to the procedures outlined in this section and shall be considered laid off for the same reason as the person bumping and shall in the same manner be eligible to bump to a position in a class within the City in which the employee formerly held a regular position. Employees who have bumped down to a lower class due to a reduction in force shall not be laid off from the lower class until all employees in the lower class, not previously affected by a layoff, have been laid off. G. The intent of this paragraph is to avoid use of the layoff procedure by providing for voluntary transfers prior to layoffs. An employee in a classification in which a position has been designated for elimination may request a transfer to a vacant position in the same or a lower classification for which the employee is qualified. Such transfer shall be subject to approval by the City Manager. In cases where the transfer was necessitated by said proposed job elimination, the service time in the position to which the employee has transferred shall be credited to service time in the position from which the employee transferred. The salary step and range assigned to the transferred employee shall be in accordance with the City Personnel Manual and the salary plan. H. The City Manager may approve the appointment of an employee who is to be laid off to an existing vacancy in a lower class for which the employee is qualified without requiring an examination, provided the department head so recommends. I. The names of regular employees who have been laid off or bumped down due to reduction in force shall be placed on the Department an appropriate layoff reemployment list but according to date separated or bumped down and shall be restored eligible for reemployment. The last employee laid off or bumped down shall be the first employee on the list, with other employees listed in sequential order thereafter. Each employee on the layoff reemployment list shall remain on that list for 1 year, at which time the list expires unless extended by the City Manager. Names of employees not responding to written notification of an opening within 10 working days shall be removed from the reemployment list. The City Manager can extend the active period of the reemployment list or individual employee's eligibility on such list for a 6-month period as determined to be in the best interests of the City. J. Notice of recall from layoff shall be by return-receipt-requested mail and shall specify the date for reporting to work, which shall not be more than 21 calendar days from the date the notice is received. Notice shall be deemed to have been received when sent to the eligible last known address on file with the City and attempted delivery or delivery is certified by the Postal Service. Upon receiving notice, the person on layoff shall have 5 calendar days to accept or decline the recall opportunity. An employee who fails to respond within the 5 calendar days, refuses recall, or fails to report on the prescribed date within the 21 calendar days maximum thereby waives all further right to recall and reinstatement as an employee. Where recall is declined, the City will proceed to the next name on the reemployment list from which certification was made if and follow the eligible same notice and response procedure. This process will continue through the list until recall needs are met on the list or the list is still activeexhausted. K. A person appointed from a reemployment list must serve a new probationary period if recall from such list occurs more than 90 calendar days after the effective date of layoff. Restoration The new probationary period in such circumstances shall be 6 months. L. Reemployed employees shall receive the following: 1. Retention of full-time service seniority accrued at the date of layoff. 2. The salary for the classification in effect as of the list shall be date of return, at the same step as the date of layoff. 3. The accrual rate of vacation and sick leave in effect for the remaining period of eligibility that existed employee's seniority level and class at the time of appointment from rehire. 4. All the list. Regular status employees benefits or programs in effect at the time of layoff shall be placed on the Department layoff list for forfeited unless they are still applied to the classification held or salary range at the time of rehire or provided to new hires as of that date. M. An employee who elects to resign in lieu of layoff, or while laid off, shall forfeit all rights to reemployment and is entitled only to those rights related to severance from City employment.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Layoff Procedure. A layoff is defined as A. The District shall schedule a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes special Labor/Management meeting at least sixty (60) days prior to implementing paragraph 3 below of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The this layoff procedure when a district wide reduction in hours may result in one or more employees being laid-off. During the Labor/Management discussion the District shall occur in specify the need for the reduction of staff and the severity of the reduction. At this meeting the District shall provide the Union with the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categoriesinformation: 1. Permanent full-time positionsUpdated seniority lists (District and Building/Workgroup) 2. Permanent partDocumentation to support the necessity for the reductions 3. Plan of action, including the timelines the District is considering B. Prior to implementing A3 above of this procedure, the Union shall have the opportunity to call a follow-time positionsup Labor/Management meeting to discuss alternative solutions to the layoff, or solutions that may lower the impact of such a layoff. d. Regular status C. Employees will be laid-off by: 1. The reduction in hours procedure for the IA workgroup, provided that the District may elect to perform a layoff through section 3(b) of this procedure at their discretion. 2. Classification in inverse order of district seniority for all workgroups other than IA’s. Those with the lowest seniority will be the first selected. ▇. ▇▇ employee selected for layoff may displace the most junior employee in another building/workgroup, by district seniority, for which the senior employee is qualified and which does not result in a wage increase. In lieu of displacing a junior employee, a senior employee identified for layoff may elect layoff. When employees are identified for layoff from buildings they shall be laid ordered on a list (Bumping Pool) with the District in order of District seniority. The District shall identify the number of employees that will be laid-off and develop a list of lowest District seniority employees (Bumping List). Those employees in the Bumping Pool may select a job from a junior employee on the basis of inverse classification seniority. For purposes of administering the Bumping List or elect layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service and such selection/election shall be in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, writing. E. Employees who are laid-off or placed in a break different workgroup will be placed in service which is defined as a separation or interruption of employment without pay of more than recall pool for up to one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as A. The District shall schedule a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes special Labor/Management meeting at least sixty (60) days prior to implementing paragraph 3 below of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The this layoff procedure when a district wide reduction in hours may result in one or more employees being laid-off. During the Labor/Management discussion the District shall occur in specify the need for the reduction of staff and the severity of the reduction. At this meeting the District shall provide the Union with the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categoriesinformation: 1. Permanent full-time positionsUpdated seniority lists (District and Building/Workgroup) 2. Permanent partDocumentation to support the necessity for the reductions 3. Plan of action, including the timelines the District is considering B. Prior to implementing A3 above of this procedure, the Union shall have the opportunity to call a follow-time positionsup Labor/Management meeting to discuss alternative solutions to the layoff, or solutions that may lower the impact of such a layoff. d. Regular status C. Employees will be laid-off by: 1. The reduction in hours procedure for the IA workgroup, provided that the District may elect to perform a layoff through section 3(b) of this procedure at their discretion. 2. Classification in inverse order of district seniority for all workgroups other than IA’s. Those with the lowest seniority will be the first selected. D. An employee selected for layoff may displace the most junior employee in another building/workgroup, by district seniority, for which the senior employee is qualified and which does not result in a wage increase. In lieu of displacing a junior employee, a senior employee identified for layoff may elect layoff. When employees are identified for layoff from buildings they shall be laid ordered on a list (Bumping Pool) with the District in order of District seniority. The District shall identify the number of employees that will be laid-off and develop a list of lowest District seniority employees (Bumping List). Those employees in the Bumping Pool may select a job from a junior employee on the basis of inverse classification seniority. For purposes of administering the Bumping List or elect layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service and such selection/election shall be in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, writing. E. Employees who are laid-off or placed in a break different workgroup will be placed in service which is defined as a separation or interruption of employment without pay of more than recall pool for up to one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. (a) Where a surplus of employee(s) within a classification exists on a shift, the Employer may serve a notice of lay-off to the most junior employee(s) in the same classification on that shift. However, if the employee(s) thus served with notice have greater seniority than an employee(s) on another shift in the same classification; they may bump such most junior employee(s). (b) A employee who is subject to layoff is defined shall have the right to either: (i) accept the layoff; or (ii) first (1st) bump a employee with less bargaining unit seniority within her bargaining unit (full-time or part-time) in a lower or identical paying classification for which they are qualified, as a separation from state service for involuntary reasons required by law and can perform the duties of the lower or identical paying classification without training other than resignationorientation. (iii) Chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, not reflecting discredit on an employee. For must bump the purposes employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below. (iv) Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff staff at the Criminal Investigator outset of the process. (v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid-off employee is within one percent (1%) of the laid-off employee’s straight time hourly wage rate. (vi) In the event that there are no employees within the laid-off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within ten percent (10%) of the laid-off employee’s regularly scheduled bi-weekly hours within her classification. (vii) When an employee subject to layoff chooses to bump and Criminal Financial Investigator shall there are no employees with less seniority within her bargaining unit, the seniority lists will be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected merged and the laid-off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time employee bumps a full- time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. (viii) In the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the affected classification(sright to displace a employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid-off employee is within five percent (5%) shall be notified of their potential layoff. An the laid-off employee’s straight time hourly rate provided she is qualified for and can perform the duties without training other than orientation. (ix) The decision of the employee to choose (i) or (ii) above shall be given written notice in writing to the Administrator within three (3) days following the notification of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for layoff. Employees failing to do so will be deemed to have accepted the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff Procedure. A In the event of a layoff, employees shall be entitled to move as follows: i. Accept the layoff; or ii. Displace another employee who has lesser Bargaining Unit seniority subject to meeting the requirements of the position including knowledge, skill, ability and qualifications 18:02 RECALL PROCEDURE a) Employees shall only be recalled by telephone with follow-up notification by mail to the last known address. It is the responsibility of the employee to inform the Board of any changes to their mailing address. Employees shall be recalled in order of seniority to a position within the bargaining unit provided the employee subject to recall has the abilities and qualifications to perform the duties. In the event that telephone contact cannot be made, it is understood that notification by mail is deemed to have occurred five (5) days after being sent. b) It is the sole responsibility of the employee who has been recalled to notify the Board of their intention to return to work within seven (7) days from the date of recall. The employee shall return to work within twenty- one (21) days from the date of recall, or such other time as mutually agreed. c) Where the employee fails to notify the Board of their intention to return to work in accordance with b) they shall lose all seniority and be deemed to have quit the employ of the Board. d) Recall rights shall be open to those laid off employees for a period of thirty-six (36) months from the date of layoff without loss of seniority. i) Employees have the option to accept or decline a position inside their attendance area or remain on the recall list. If recall is defined as offered to a separation from state service for involuntary reasons other than resignationposition within the employee’s attendance area, not reflecting discredit of equal pay and hours of work to their former position, the employee may decline the first offer of recall, however, should an employee decline such recall a second time they shall be deemed to have resigned; ii) Employees have the option to accept or decline a position outside of their attendance area or remain on an employee. the recall list e) For the purposes of layoff this clause, attendance areas are defined as follows: Kenora (including Kenora and Sioux Narrows) Red Lake Ear Falls Dryden (including Vermilion Bay, Oxdrift, Dryden, and Wabigoon) Ignace Sioux Lookout (including Sioux Lookout and ▇▇▇▇▇▇) f) Employees on recall may choose to continue to participate in the Criminal Investigator and Criminal Financial Investigator group benefit plan at 100% premium cost to the employee, paid monthly in advance. Failure to provide payment will result in cancellation of the employee’s coverage. 19:01 No work which is normally or customarily performed by employees within job classifications covered by this collective agreement, shall be treated as one classification. The layoff procedure shall occur in subcontracted by the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsBoard to any outside source or agency excluding grant funded student placements. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff Procedure. 1. When the Agency believes that a lack of funds requires a layoff, the Agency will notify the union no fewer than fifteen (15) calendar days before the Agency issues initial layoff notices. The parties will meet, if requested by either the Agency or Union, to consider alternatives to layoffs such as voluntary reductions in hours or workdays, temporary interruptions of employment or other voluntary employment options. Alternatives to the layoffs shall require mutual agreement between the Agency and Union. In the absence of any mutual agreement, the Agency will implement layoff procedures consistent with the current applicable agreement. 2. Agency and Union discussions under this agreement shall not constitute interim bargaining under the Public Employees collective Bargaining Act. The parties shall not be required to use the dispute resolution procedures contained in the Public Employees Collective Bargaining Act. Section 2. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of a pending layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reason for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeesSection 3. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority service credits calculated within the following separate mutually exclusive categories: 1. Permanent fulla) Full-time, b) Part-time positions(including job share). 2Section 4. Permanent part-The classification and functional unit to be affected by any particular layoff shall be identified by the Agency at the time positions d. Regular status employees the layoff is declared. Order of layoff within the designated classification and functional unit shall be determined by the lowest service credit. It is understood that when an employee who is to be laid off on possesses knowledge, skill, or ability, the basis loss of inverse which in the judgment of the Agency would seriously impact operations, the Agency may hold that employee in active status, while laying off the next employee in service credit order in the employee’s stead. When it is necessary to hold an employee, who would otherwise be laid off, the Agency will document the need and such documentation shall be accessible to the Union for its review. Any dispute in this regard may be taken up as a grievance by the Union. If an employee is underfilling a position, the employee will be considered in the higher classification seniority. For for the purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If it is found that two (2) or more employees in the Agency in which the layoff is to be made have equal service creditcredits, the order of layoff shall be in inverse order of the greatest length of continuous state State service. Any trial service employee who is laid off shall not be placed on If ties between employees still exist, the Department order of layoff list but shall be restored determined by the Appointing Authority in such a manner as to conserve for the eligible list from which certification was made if State the eligible list is still active. Restoration services of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffmost qualified employees.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined The City Council and/or City Manager may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal, whenever in the judgment of the City Council and/or City Manager it becomes necessary for one or more of the following reasons: (1) due to lack of work, lack of funds, or other economic reasons; (2) because the necessity for a position no longer exists; and/or (3) as a separation from state service for involuntary reasons other than resignationresult of a change in administration that affects implementation of the City's goals and/or policies, not reflecting discredit on or results in an employee. For the purposes incompatibility of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationmanagement styles. The City Manager may notify executive management employees, within a reasonable period of time, of any potential layoffs or work furloughs in order to discuss potential alternatives to layoffs or work furloughs. In addition, the following layoff procedure shall occur procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the following manner:processing of layoffs. a. A. The Department City shall determine the classification(s) affected give employees proposed for layoff not less than a 14-calendar-day advanced written notice of separation and the employees in the affected classification(s) shall be notified of their potential layoffreason therefor. An No regular full-time employee shall be given written notice of separated under the layoff as far procedure from a department while emergency, seasonal, probationary, part-time, provisional, or temporary employees are employed and serving in advance as possible, but not less than thirty (30) calendar days before the effective date, stating same classification in the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsdepartment. b. All non-regular status employees/temporaries working in the affected classification(s) in which B. In each class within a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status department, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as decided by the City Manager or City Council/Personnel Committee. In cases where there are 2 or more regular employees in the class from which the layoff is to be made, the following criteria are the determining factors: 1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: First, all employees having ratings of improvement needed; second, all employees having ratings of satisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding. 2. Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the basis job, amount of inverse classification seniority. For purposes of administering sick leave used during the layoff provisions of this Articleimmediate 2 past fiscal years, classification seniority is defined as etc. C. Layoffs and demotions which result from a reduction in the length of work force shall be made without regard to an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service's race, color, marital status, national origin, religion, sex, age, citizenship, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service physical handicap. D. An employee who is laid off shall not receive a final pay check until the employee has turned in all City-owned equipment, including City identification card, and has cleared with the City Manager or City Council/Personnel Committee the disposition of any clothing, tools, or other working materials that have been provided by the City, and has completed all exit interviews and forms which may be required by the City. The exit interview and appropriate forms shall be made available to employees prior to the layoff termination date. E. Employees shall not be terminated as a result of a layoff before they have been made a reasonable offer of reassignment if such offer is immediately possible. F. An employee designated to be laid off may bump into any vacant position available in the same class elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the City within the last 5 years, and provided that the employee notifies the City Manager in writing of the employee's intent to exercise the bumping rights at least 10 calendar days prior to the proposed layoff effective date; otherwise, bumping rights shall be waived and barred to the employee. Thereafter, an employee may bump into any position previously held in the City within the last 5 years provided the conditions noted above are met. An employee who is bumped shall be laid off according to the procedures outlined in this section and shall be considered laid off for the same reason as the person bumping and shall in the same manner be eligible to bump to a position in a class within the City in which the employee formerly held a regular position. Employees who have bumped down to a lower class due to a reduction in force shall not be laid off from the lower class until all employees in the lower class, not previously affected by a layoff, have been laid off. G. The intent of this paragraph is to avoid use of the layoff procedure by providing for voluntary transfers prior to layoffs. An employee in a classification in which a position has been designated for elimination may request a transfer to a vacant position in the same or a lower classification for which the employee is qualified. Such transfer shall be subject to approval by the City Manager. In cases where the transfer was necessitated by said proposed job elimination, the service time in the position to which the employee has transferred shall be credited to service time in the position from which the employee transferred. The salary step and range assigned to the transferred employee shall be in accordance with this Agreement (see Articles entitled "Transfer" and "Salary Advancement"). H. The City Manager may approve the appointment of an employee who is to be laid off to an existing vacancy in a lower class for which the employee is qualified without requiring an examination, provided the City Manager or City Council/Personnel Committee so recommends. I. The names of regular employees who have been laid off or bumped down due to reduction in the work force shall be placed on the Department an appropriate layoff re-employment list but according to date separated or bumped down and shall be restored eligible for reemployment. The last employee laid off or bumped down shall be the first employee on the list, with other employees listed in sequential order thereafter. Each employee on the layoff reemployment list shall remain on that list for 1 year, at which time the list expires unless extended by the City Manager. Names of employees not responding to written notification of an opening within 10 working days shall be removed from the reemployment list. The City Manager can extend the active period of the reemployment list or individual employee's eligibility on such list for a 6-month period as determined to be in the best interests of the City. J. Notice of recall from layoff shall be by return-receipt-requested mail and shall specify the date for reporting to work, which shall not be more than 21 calendar days from the date the notice is received. Notice shall be deemed to have been received when sent to the eligible last known address on file with the City and attempted delivery or delivery is certified by the Postal Service. Upon receiving notice, the person on layoff shall have 5 calendar days to accept or decline the recall opportunity. An employee who fails to respond within the 5 calendar days, refuses recall, or fails to report on the prescribed date within the 21-calendar-day maximum thereby waives all further right to recall and reinstatement as an employee. Where recall is declined, the City will proceed to the next name on the reemployment list from which certification was made if and follow the eligible same notice and response procedure. This process will continue through the list until recall needs are met on the list or the list is still activeexhausted. K. A person appointed from a reemployment list must serve a new probationary period if recall from such list occurs more than 90 calendar days after the effective date of layoff. Restoration The new probationary period in such circumstances shall be 6 months. L. Reemployed employees shall receive the following: 1. Retention of full-time service seniority accrued at the date of layoff. 2. The salary for the classification in effect as of the list shall be date of return, at the same step as the date of layoff. 3. The accrual rate of vacation and sick leave in effect for the remaining period of eligibility that existed employee's seniority level and class at the time of appointment from rehire. 4. All the list. Regular status employees benefits or programs in effect at the time of layoff shall be placed on the Department layoff list for forfeited unless they are still applied to the classification held or salary range at the time of rehire or provided to new hires as of that date. M. An employee who elects to resign in lieu of layoff, or while laid off, shall forfeit all rights to reemployment and is entitled only to those rights related to severance from City employment.

Appears in 2 contracts

Sources: Employment Agreement, Employment Agreement

Layoff Procedure. A The parties agree to meet to discuss the method of implementing the layoff with a view to minimizing the number of displacements. An Employee in receipt of notice may: (a) Accept the layoff; or (b) Opt to retire, if eligible under the terms of the OMERS Pension Plan; or (c) Displace another Employee who has less bargaining unit seniority in a lower or identical paying classification in the bargaining unit if the Employee originally subject to the layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employeequalified to perform the work of the Employee to be displaced. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator An Employee so displaced shall be treated as one classificationdeemed to be laid off. An Employee who chooses to exercise the right to displace another Employee shall advise the Department Head of his/her intention to do so and the position claimed within five (5) days after being notified of the layoff. (d) The employer agrees to post vacancies per the job posting procedure, allowing Employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an Employee shall have the opportunity of recall from a lay off to an available opening in order of seniority, provided he or she is qualified and able to perform the work. In (e) An Employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (f) 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. (g) The Employer shall notify the Employee of recall opportunity by registered mail, addressed to the last address on record with the Employer. The layoff procedure notification shall occur in state the following manner: a. The Department shall determine job to which the classification(s) affected Employee is eligible to be recalled and the employees in date and time at which the affected classification(sEmployee shall report for work and the rate of pay. The Employee is solely responsible for his or her proper address being on record with the Employer. (h) shall be notified of their potential layoff. An employee Employees on layoff shall be given written notice of layoff as far in advance as possible, but preference for temporary vacancies which are expected to exceed ten (10) working days. An Employee who has been recalled to such temporary vacancy shall not less than thirty (30) calendar days before the effective date, stating the reason(s) for the be required to accept such recall and may instead remain on layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non(i) No Full-regular status employees/temporaries working in Time Employee within the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee bargaining unit shall be laid off prior by reason of his/her duties being assigned to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent one or more part-time positionsEmployees. d. Regular status employees (j) In the event of a layoff of an Employee, the Employer shall be laid off on pay its share of insured benefit premiums for the basis duration of inverse classification seniority. For purposes the three month notice period provided for in Article 16:02. (k) The Employee may, if possible under the terms and conditions of administering the Insurance Benefits Programs, continue to pay the full premium cost of a benefit or benefits for up to six (6) months following the end of the month in which the layoff provisions of this Article, classification seniority is defined as occurs. Such payment can be made through the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse payroll office of the greatest length Employer provided that the Employee informs the Employer of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored his or her intent to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed do so at the time of appointment from the list. Regular status employees shall be placed on layoff, and arranges with the Department layoff list for Employer the classification held at time of layoffappropriate payment schedule.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Layoff Procedure. A layoff is defined as a separation from state the service for involuntary reasons reasons, other than resignationresignations, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected An employee and the employees in the affected classification(s) shall be notified of their potential layoff. An employee Union shall be given written notice of layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reasons for the layoff. . a. The Department Agency shall notify, in writing, all affected employees of their seniority. The Department shall notify determine the CIA, in writing, of the seniority of all employees in all affected classificationsspecific positions to be vacated. b. All non-Layoff lists will apply to employees in a classification. Any regular status employees/temporaries working employee shall be permitted to displace an employee in the affected classification(s) in which same classification with less seniority. c. A regular status employee notified of a pending layoff may occur shall elect to be terminated prior to laid off or has the actual layoff of options listed below: (1) The employee may displace the employee in the same classification who is the least senior trial service employee or who is the least senior regular status employee if there are no trial service employees. To displace either a trial service or regular status employeesemployee, the displacing employee must: (a) Have greater seniority than the trial service or regular status employee; (b) Meet any special qualifications for the position as shown in the class specification and the position description; and (c) Be capable of performing the specific requirements of the position within thirty (30) days. A If the displacing employee does not meet these criteria for the position held by the least senior employee in the same classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the same classification. (2) If no option is available in subsection (1) above, the employee may demote and displace the employee in a lower classification who is the least senior trial service employee or who is the least senior regular status employee if there are no trial service employees, and: (a) Have greater seniority than the employee to be displaced; (b) Meet any minimum or special qualifications for the position; (c) Have previously held regular status in the lower classification, including any predecessor classification; and (d) Be capable of performing the specific requirements of the position within thirty (30) days. If the displacing employee does not satisfy the above requirements or the position held by the least senior employee in the relevant lower classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the lower classification. d. No trial service or regular status employee in a particular office or duty station shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service while a temporary employee in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which same class is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed employed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffsame particular office or duty station.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation Employees hired prior to January 1, 2000, who continue to perform their duties satisfactorily, shall not be laid off for lack of work or lack of funds from state service for involuntary reasons other than resignationthe effective date of this contract through October 31, not reflecting discredit on an employee2002. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator Nothing herein shall be treated as one classificationconstrued to require the District to fill vacant, budgeted positions nor to prohibit the District from eliminating vacant positions from the budget. The District reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work. The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002. If, in the following manner: a. The Department shall determine the classification(s) affected sole discretion of District management, personnel reductions are necessary, layoff order and the employees in the affected classification(s) recall lists shall be notified developed based upon job classification, priority of their potential layofffunction, job performance, individual qualifications and seniority. An employee The OCEA and employees subject to layoff shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, provided with at least two weeks notification in writing, all affected employees whenever possible. Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such requests must be made in writing to the Human Resources Department within five days of their seniorityreceipt of the Layoff Notice. The Department salary of an employee who voluntarily demotes shall notify be unchanged, except that it may not exceed the CIA, in writing, maximum rate of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in range for the affected classification(s) in which a layoff may occur lower level classification. Recall lists shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee developed for all classifications experiencing personnel reductions, and shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or maintained for a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment two years from the listdate of layoff. Regular status employees Individuals shall be placed on the Department layoff list for in the classification held at time inverse order of layoff, so that the last person laid off is the first recalled. When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the top of the list. That individual must respond to the offer within five days, or the offer shall be made to the next person on the list. An individual who either does not respond or refuses three consecutive offers shall have their name removed from the list. All notification and responses must be in writing and delivered either in person or by Certified Mail. It is the responsibility of all employees to keep the Human Resources Department informed of their current address, or where they may be contacted.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons reasons, other than resignationresignations, not reflecting discredit on an employee. For An employee and the purposes Union shall be given written notice of layoff at least fifteen (15) calendar days before the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationeffective date stating the reasons for the layoff. The layoff procedure shall occur in the following manner: a. (a) The Department Agency shall determine the classification(sspecific positions to be vacated. (b) affected Separate layoff lists will apply to full-time and the part-time employees in the affected classification(s) shall be notified of their potential layoffa classification. An Any full-time regular status employee shall be given written notice of layoff as far in advance as possible, but not permitted to displace a part-time employee with less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department However, part-time employees shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsnot displace full-time employees. An initial trial service employee cannot displace any regular status employee. b. All non-regular status employees/temporaries (c) Temporary employees working in the affected classification(s) classification and geographic area in which a the layoff may occur occurs shall be terminated prior to before the actual layoff of trial service or regular status employees. . (d) A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees employee notified of a pending layoff shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than select one (1) yearof the following options, and communicate such choice in writing to the Agency’s Appointing Authority within five (5) calendar days from the date of receipt of the written layoff notice: (1) The employee may displace the employee in the Agency with the lowest seniority in the same classification for which they are qualified in the same geographic area in the Agency where the layoff occurs and regardless of bargaining unit representation. (2) If no positions are accessible under Section 1, subsection (d) (1), the employee may bump the employee in the Agency with the lowest seniority in the same geographic area in any classification within the same salary range in which the employee held regular status, including any predecessor classifications. (3) The employee may demote to the lowest seniority position in any classification for which they are qualified within the Agency and geographic area and regardless of bargaining unit representation provided the employee has exhausted their option for placement under Section 1(d) (1). (4) The employee may elect to be laid off. All part-time service shall Their name will be credited placed on a prorated basis. If the Agency Layoff List in seniority order. (e) An employee exercising option 1(d) (1) or (2) must meet the minimum qualifications of the position as stated in the class specification, plus any special qualifications stated in the position description and must be capable of performing the specific requirement of the position within two (2) or more employees have equal service creditweeks. The Agency shall be the sole determinant of whether the employee is capable of performing such duties. The Agency’s decision can be grieved by the affected employee. If an employee cannot meet these requirements, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored may displace or demote to the eligible list from next lowest seniority position in the classification, provided that the incumbent in the next lower position has lower seniority than the employee displacing or demoting in the same geographic area in which certification was made if the eligible list layoff is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layofftaking place.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. SECTION A layoff When the Employer determines it is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For necessary to reduce the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, size of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status work force, employees shall be laid off on reduced in order of the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the least length of an employee’s continuous service in within the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary servicejob being reduced, or a break in service which is defined as a separation or interruption of employment without pay of provided there are more than one (1senior employees within the job remaining who possess the qualifications to perform the position(s) yearavailable. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service An employee who is laid off shall not from the job being reduced, will be placed retained in an available position in a lower ranked job for which he/she is qualified, on the Department layoff list but basis of the employee’s accumulated length of service. If there is no available position in a lower ranked classification for the position which the employee is qualified and eligible by length of service, the employee will be retained in an available position in a job in which the employee has accumulated length of service, if he/she is qualified for the position and more senior than those employees assigned, on the basis of his/her previously accumulated length of service. Employees who are displaced from a job because of a reduction of another job shall be restored retained in available position according to the eligible list same procedure. SECTION B Employees to be laid off for an indefinite period of time shall have at least twenty (20) working days notice of layoff, if possible. The local Union shall receive notice of same. SECTION C Employees who have satisfactorily completed the probationary period and who are laid off shall be recalled to the next available vacancy in the job from which certification was made if they were laid off, equivalent to the eligible list position the employee is still activelaid off from, or in which they may exercise their accumulated length of service, which may arise within a period equal to the length of his or her length of service from the effective date of their layoff not to exceed two (2) years. Restoration An employee who is recalled must communicate acceptance in writing within fifteen (15) days from the date notice of recall is sent and begin work on the designated date to return. Failure to do so will result in loss of length of service and any right to recall. Notice shall be sent to the last address or personal e-mail address on file with the Employer. It is the responsibility of the list shall be for the remaining period employee to provide Employer with notification of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffany change in address or change in personal e-mail address.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A [a] In the event of layoff, employees shall receive notice of layoff or pay in lieu of notice as required by the Employment Standards Act. The union will be informed if employees receive notice of layoff. [b] In the event of layoff, the following procedure shall apply: Within each department, employees shall first be grouped according to their status, and then according to their classification. Within each of those groups, layoffs, if any, shall be in inverse order of seniority, provided those remaining have the immediate qualifications, which includes skill, ability, knowledge, training and experience, to perform the work required within one week of bumping into the position. [c] Each employee laid off, other than a probationary employee or temporary employee, shall be placed on a rehiring list for 12 months from date of layoff, during which time he/she shall have recall rights as outlined in [d]-[g] below. [d] Should a vacancy occur, the following recall procedures shall apply: The Publisher shall fill each vacancy in the bargaining unit with a person from the rehiring list, provided he/she is defined willing and has the immediate qualifications, which includes skill, ability, knowledge, training and experience, in all aspects, for the position, within the prescribed one week period, and further provided that the person to be hired shall be the one with the most seniority who was working as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on regular employee until the layoff. [e] To recall an employee, the Publisher shall send a written notice of recall by registered mail to the employee's last address on record with the Publisher. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator It shall be treated as one classificationthe responsibility of the employee to ensure the last address on record with the Publisher is current and correct. The layoff procedure shall occur in If an employee should fail to do so, the following manner: a. The Department shall determine the classification(s) affected Employer will not be responsible for failure of any notice to reach such employee and the employees in the affected classification(s) shall be notified of their potential layoffall recall rights are deemed to have been waived. [f] An employee shall be given written struck from the rehiring list and shall be deemed to have resigned if: - the employee fails to return to work within 7 calendar days when offered a position - the employee refuses to return to work within 7 calendar days when offered a position - the employee's recall letter is returned because he/she failed to file a correct address with the Publisher. [g] An employee accepting recall into a lower classification than held prior to notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before shall be paid the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, wage rate of the lower classification. [h] While complying with the requirements of [d] to [f], above, a vacancy may be filled, at the discretion of the Publisher, with a temporary employee. [i] Temporary lay-offs resulting from unexpected problems, equipment or power failures may be made without regard to seniority of all provided however that every reasonable effort will be made by the Publisher to provide work for employees in all affected classifications. b. All non-regular status employees/temporaries working their own classification or in another classification in the affected classification(s) in which a layoff may occur workplace. [j] Severance pay for any permanent lay off shall be terminated prior to at the actual layoff rate of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All partweek's wages for each ten (10) months' continuous service or a major fraction thereof, with a maximum of twenty-time service six (26) weeks severance pay, shall be credited on a prorated basispaid to employees . If two (2) or more employees have equal service credit, [k] In the order of layoff shall be in inverse of event the greatest length of continuous state service. Any trial service Publisher lays off an employee who is works 40 hours/week and said employee bumps another employee who works more than 24 hours/week but less than 40 hours/week the hours of work per week for the employee initially laid off shall not be placed on reduced to equal the Department layoff list but number of hours normally worked per week by the employee being bumped. The employee initially laid off shall be restored to paid at the eligible list from which certification was made if the eligible list is still active. Restoration wage rate of the list shall lower classification. [l] The Employer will accept voluntary lay-offs from other employees in the classification(s) involved in lieu of those identified to be for laid off provided those remaining are qualified (which may include skill, ability, knowledge, training and experience) and able to perform the remaining period work required. The number of eligibility that existed at layoffs will be reduced by the time number of appointment voluntary resignations from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffclassification.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A In the event of a layoff, employees shall be entitled to move as follows: Accept the layoff; or Displace another employee in the same functional area who has lesser Bargaining Unit seniority subject to meeting the requirements of the position including knowledge, skill, ability and qualifications Functional areas are: library clerical AIR, payroll, purchasing) office (all others) Laid off employees with recall rights will not be recalled prior to the application of Article in its entirety. Employees will be recalled, as follows, to all positions remaining open or vacant subsequent to the application of Article and before hiring externally. Employees shall only be recalled by telephone with follow-up notification by mail to the last known address. It is the responsibility of the employee to inform the Board of any changes to their mailing address. Employees shall be recalled in order of seniority to a position within the bargaining unit provided the employee subject to recall has the abilities and qualifications to perform the duties. In the event that telephone contact cannot be made, it is understood that notification by mail is deemed to have occurred five (5) days after being sent. It is the sole responsibility of the employee who has been recalled to notify the Board of their intention to return to work within seven (7) days from the date of recall. The employee shall return to work within twenty-one (21) days from the date of recall, or such other time as mutually agreed. Where the employee fails to notify the Board of their intention to return to work in accordance with they shall lose all seniority and be deemed to have quit the employ of the Board. Recall rights shall be open to those laid off employees for a period of thirty-six (36) months from the date of layoff without loss of seniority. Employees have the option to accept or decline a position inside their attendance area or remain on the recall list. If recall is defined as offered to a separation from state service for involuntary reasons other than resignationposition within the employee’s attendance area, not reflecting discredit of equal pay and hours of work to their former position, the employee may decline the first offer of recall, however, should an employee decline such recall a second time they shall be deemed to have resigned; Employees have the option to accept or decline a position outside of their attendance area or remain on an employee. the recall list For the purposes of layoff this clause, attendance areas are defined as follows: Red Lake Ear Falls Dryden Sioux Lookout (including and Sioux Narrows) (including Vermilion Bay, Dryden, and big (including Sioux Lookout and ▇▇▇▇▇▇) Employees on recall may choose to continue to participate in the Criminal Investigator and Criminal Financial Investigator group benefit plan at premium cost to the employee, paid monthly in advance. Failure to provide payment will result in cancellation of the employee’s coverage. No work which is normally or customarily performed by employees within job classifications covered by this collective agreement, shall be treated as one classificationsubcontracted by the Board to any outside source or agency excluding grant funded student placements. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the No work which is normally or customarily performed by employees in the affected classification(s) within job classifications covered by this collective bargaining agreement, shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before subcontracted by the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsBoard to any outside source or agency. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 1 contract

Sources: Collective Agreement

Layoff Procedure. (a) Where a surplus of employee(s) within a classification exists on a shift, the Employer may serve a notice of lay-off to the most junior employee(s) in the same classification on that shift. However, if the employee(s) thus served with notice have greater seniority than an employee(s) on another shift in the same classification; they may bump such most junior employee(s). (b) A Employee who is subject to layoff is defined shall have the right to either: i. accept the layoff; or ii. first (1st) bump an Employee with less bargaining unit seniority within her bargaining unit (full-time or part-time) in a lower or identical paying classification for which they are qualified, as a separation from state service for involuntary reasons required by law and can perform the duties of the lower or identical paying classification without training other than resignationorientation. iii. Chain bumping will be allowed with the understanding that a Employee subject to layoff who chooses to bump, not reflecting discredit on an employeemust bump the Employee with less seniority who has scheduled hours equal to or less than the Employee laid off, subject to paragraph (vi) below. iv. For Consistent with the purposes opportunity to chain bump, all Employees who are potentially impacted will be given notice of layoff staff at the Criminal Investigator outset of the process. v. An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid-off Employee is within one percent (1%) of the laid-off Employee’s straight time hourly wage rate. vi. In the event that there are no Employees within the laid-off Employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the Employee being laid off, such Employee may bump a less senior Employee with greater regularly scheduled hours within ten percent (10%) of the laid-off Employee’s regularly scheduled bi-weekly hours within her classification. vii. When a Employee subject to layoff chooses to bump and Criminal Financial Investigator shall there are no Employees with less seniority within her bargaining unit, the seniority lists will be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected merged and the employees laid-off Employee may bump into the other bargaining unit. viii. It is understood and agreed that if a part-time Employee bumps a full-time Employee as part of the above-noted procedure, the part-time Employee is accepting the full-time position only. ix. In the event that there are no Employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off Employee will have the affected classification(sright to displace an Employee with less seniority, who has scheduled hours equal to or less than the Employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid-off Employee is within five percent (5%) shall be notified of their potential layoff. An employee the laid-off Employee’s straight time hourly rate provided she is qualified for and can perform the duties without training other than orientation. x. The decision of the Employee to choose (i) or (ii) above shall be given written notice in writing to the Administrator within three (3) days following the notification of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for layoff. Employees failing to do so will be deemed to have accepted the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 1 contract

Sources: Collective Agreement

Layoff Procedure. A A. The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the employee’s organization are to be given two weeks’ notice before such a layoff is defined to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee(s) affected by the layoff during the two weeks period prior to the proper layoff action. B. A demotion or transfer to another department may be made to prevent a separation from state layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. C. In the event of a layoff, those employees with the least service for involuntary reasons other than resignationin the classification affected shall be laid off first; if a recall begins, not reflecting discredit on an employeethe most senior employees laid off in the classifications required shall be recalled first. For Strict application of seniority shall prevail unless exceptional circumstances occur of which the purposes concerned employee organization shall be fully apprised in advance. The order of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following mannerbe: a. The Department shall determine the classification(s) affected and the 1. Temporary employees in the affected classification(s) classification shall be notified of their potential layoffremoved first. 2. An employee Probationary employees in the affected classification shall be given written notice removed next. 3. Exceptional circumstances may include the desirability of layoff as far maintaining a balanced department or work unit and maintaining employees in advance as possiblethe classification, but not department, or section who have the ability to perform the work available. D. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less than thirty overall City (30displacement seniority) calendar days before seniority provided it is in a position in which the effective dateemployee formerly held a regular appointment, stating or is qualified by education and/or experience, and is capable of performing the reason(s) duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for the layoff. The Department employee displaced shall notifybe considered as laid off for the same reason as the person who displaced him/her, and shall in writingthe same manner, all affected employees be eligible to displace to a position in a classification in which the employee formerly held a regular appointment or is qualified by education and/or experience, and is capable of their seniority. The Department shall notify performing the CIA, in writing, duties of the seniority of all employees in all affected classificationsclassification. b. All non-regular status employees/temporaries working in the affected classification(s) in which a ▇. ▇▇▇▇▇▇▇ to return to work from layoff may occur shall be terminated prior within 15 calendar days after notice to return by certified or registered mail to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to at the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in last known address on file with the Criminal Investigator City Human Resources Department or by personal delivery shall constitute the employee’s waiver to return to work and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of eliminates any future re-employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be responsibilities placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffCity.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A A. It is agreed that in order to keep seniority employees working in temporary reductions of hours or work force, and in order to have an orderly procedure in which there would be the least amount of shifting of work force in situations of this nature, the following procedures will be followed. Employees with the least seniority shall be laid off first on a departmental basis, provided the employee retained has the experience, skill, and ability to efficiently do the work required. B. The Company will give the Chairman of the Bargaining Committee 24 hour notice of all layoffs. At the time of layoff, the employees(s) will complete a layoff is defined as a separation from state service form, which updates all pertinent information needed for involuntary reasons other than resignation, not reflecting discredit recall. The Company shall have the right to rely on an employee. For the accuracy of this information for purposes of contacting employees for recall. All layoff slips must carry the Criminal Investigator and Criminal Financial Investigator shall be treated as one employee's regular classification. Employees who are removed from their jobs, due to a layoff, will be allowed to exercise their seniority on a skill and ability basis in their department. C. The layoff procedure Company will offer the laid off employees the opportunity to work in a department where work is available, providing the employee has the skill and ability to do the work required. When an employee changes shift during the scheduled work week to avoid layoff, the 24 hour cycle, for payroll purposes shall occur not apply. After such shift change, employees may exercise their seniority rights on their respective jobs. D. When an employee changes department due to layoff, he or she will accumulate seniority in the following manner: a. The Department shall determine the classification(s) affected his or her original department and the employees in the affected classification(s) shall be notified of their potential layoffupon recall, must return to that department. An employee who changes from one department to another for the purpose of avoiding a layoff, may exercise job seniority after working two consecutive days in the new department in line with the provisions of the contract. On layoffs where it is necessary for employees by exercise of seniority to take a job in another department, such employee may elect to take a layoff, without losing his or her seniority rights. However, when work is available in his or her department, he or she must accept such job or lose his or her seniority rights. Employees who elect to take a layoff rather than exercise seniority rights shall be given wait 5 working days before they can exercise seniority rights. Laid off employees must return for work in their department. Employees, after being notified of layoff must file a written application with the Human Resources Department on or before the fifth working day after the layoff indicating whether they will accept work in a department other then their own. Employees failing to comply with the 5 day time limit herein must give Management 10 working days notice of layoff as far in advance as possibletheir desire to return to work before they can exercise their seniority rights. E. Between the first and fifth working day, but not less than thirty (30) calendar days before after written application, the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Human Resources Department shall notify the CIA, employee to report and the employee shall have the choice of replacing the employee in writing, of any department having less seniority provided he or she shall have the seniority of all employees in all affected classificationsskill and ability to do the job. b. All non-regular status employees/temporaries F. An employee replacing another employee shall have not more than fifteen working in the affected classification(s) days in which a layoff may occur shall be terminated prior to prove his or her ability to do the actual layoff of trial service or regular status employeesjob. A trial service An employee failing to qualify after replacing another employee shall revert to laid-off status and not be laid off prior permitted to exercise plant-wide seniority for at least fifteen days, unless mutually agreed otherwise between the layoff Company and the Union. Upon permanent elimination of any regular status employee. c. Employees shall an entire department, all seniority employees will be laid off and seniority calculated within the following separate categories: 1. Permanent fullallowed to exercise their plant-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification wide seniority. For purposes Upon the permanent elimination of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service creditspecific job, the order of layoff shall be employee will exercise his or her seniority rights first in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffdepartment, and then plant-wide.

Appears in 1 contract

Sources: Labor Agreement

Layoff Procedure. In any case of any reduction in force in any classification covered by this Agreement, the following procedure will be followed. The least senior employee in seniority will be laid off first. To accomplish this, the following procedure will be followed: A layoff is defined as in any classification covered by this Agreement gives that person being laid off the opportunity to bump any employee with less seniority. This does not preclude the laid off person from bumping into a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one lower job classification. The layoff person that is bumped may repeat the same process. This procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected does not include upward mobility; i.e., a class three bumping to a four, etc., except where an employee is working out of classification and the employees bumping employee has seniority rights for that position. Any person bumping to a different position must meet the qualifications as determined by the job description. The immediate supervisor will have the opportunity to interview said person to determine qualifications. If qualifications have not been met, the bumping procedure will be repeated until final placement has been made. Employees who move into a new position must serve a new probationary period of sixty (60) working days as required under Article I, Section 2.B. The SENIOR person actually laid off will be hired back first. The next SENIOR person laid off shall be hired back next, etc., provided the person is qualified. Refusal in accepting a job of equal or more hours and months of work and rate of pay offered by the affected classification(sBoard (not including the school's disqualification) ▇▇▇▇▇▇ any obligation on the part of the Board to hire this person at any later date or time. 1. Any employee in classifications covered by this Agreement who, because of a layoff situation, must bump to a lower classification shall carry their rate of pay to the lower classification. 2. In any case where an employee is denied their bumping privileges because of lack of qualifications, they shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writingif requested, of the seniority of all employees in all affected classificationsreasons. b. All non-regular status employees3. In the event that any employee is denied assignment to the last available bumping position, they shall have the right to appeal to the Board/temporaries working in the affected classification(s) in which a layoff may occur Administration. This appeal shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated made within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) yearweek of notification of the job assignment denial to the Superintendent. All part-time service The review committee to consider such appeals shall be credited on appointed by the President of the Board of Education. The employee may bring to this meeting an accompanying person or persons representing their interest. 4. Laid off Secretaries will have the right of recall privileges up to and including a prorated basisperiod of twenty-four (24) months from the effective date. If two (2) or more employees have equal service creditBeyond that time, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is Administration has no obligation to recall these laid off shall not be placed on individuals. Also, any time a laid off Secretary refuses an available open job during that twenty-four (24) month period, the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still activeobligation of this return provision automatically ends for that individual. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status No new employees shall be placed on the Department layoff list for the hired in any classification held at time of layoffwhile any employee qualified in that classification is working in a lower classification.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A A. The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The City will provide the employees’ Group with a 14-day notice to begin employee impact discussion. The employee will be given two-weeks’ notice before such a layoff is defined to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employees affected by the layoff during the two-week period prior to the layoff action. B. A demotion or transfer to another department with the City Manager’s approval may be made to prevent a separation layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. C. In the event of a layoff, those employees with the least service in the classification affected shall be laid off first and be placed on a “Recall List” and shall be eligible for recall for one year from state service for involuntary reasons other than resignationthe date of placement on the list; if a recall begins, not reflecting discredit on an employeethe most senior employees laid off in the classifications required shall be recalled first. For Strict application of seniority shall prevail unless exceptional circumstances occur of which the purposes concerned employee organization shall be fully apprized in advance. The order of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following mannerbe: a. The Department shall determine the classification(s) affected and the 1. Temporary employees in the affected classification(s) classification shall be notified of their potential layoffremoved first. 2. An employee Probationary employees in the affected classification shall be given written notice removed next. 3. Exceptional circumstances may include the desirability of layoff as far maintaining a balanced department or work unit and maintaining employees in advance as possiblethe classification, but not department, or section who have the ability to perform the work available. D. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less than thirty overall City seniority (30displacement seniority) calendar days before provided it is in a position in which he/she formerly held a regular appointment, and is qualified by education and experience, and is capable of performing the effective date, stating duties of the reason(s) classification. The employee with the least displacement seniority shall be displaced by the person scheduled for the layoff. The Department employee displaced shall notifybe considered as laid off for the same reason as the person who displaced him/her, and shall in writingthe same manner, all affected employees be eligible to displace to a position in a classification in which he/she formerly held a regular appointment and is qualified by education and experience, and is capable of their seniority. The Department shall notify performing the CIA, in writing, duties of the seniority of all employees in all affected classificationsclassification. b. All non-regular status employees/temporaries working in the affected classification(s) in which a ▇. ▇▇▇▇▇▇▇ to return to work from layoff may occur shall be terminated prior within 14 calendar days, after notice to return by certified or registered mail to the actual layoff of trial service employee at his/her last known address on file with the City Human Resources Department or regular status employees. A trial service employee by personal delivery shall be laid off prior to constitute the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator waiver to return to work and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of eliminates any future re-employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be responsibilities placed on the Department layoff list but shall be restored City. The employee must notify the City regarding his/her intent to the eligible list return within seven calendar days from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffnotice to return.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. In the event of any reduction of workforce in a department, the procedure below will be followed: Probationary associates in the affected jobs in the department shall be laid off first, and then associates working on affected temporary jobs in the department. In the event there is a reduction of workforce, a Group Leader may be bumped by any associate qualified to perform the duties of their job, in accordance with Article V, Section 6.10. 6.2 The Supervisor will designate the jobs in each job classification to be closed. 6.3 The Company will prepare a Tentative Layoff List and will notify the associates affected and the appropriate Union officers not less than the tenth working day prior to any layoff of associates who have passed their probationary period. 6.4 The Tentative Layoff List shall contain the names of the associates designated for layoff. Such tentative list shall serve as notice to junior associates of the possibility of layoff. A Final Layoff List will be prepared listing the associate(s) actually laid off from the department and will serve as a basis for the Department Layoff List. If a layoff is defined as a separation canceled, it shall not be reinitiated except by following the complete procedure of this Section. 6.5 Sections 6.6, 6.7, and 6.10 do not apply to Apprenticeable Craft job classifications. Article V 6.6 In selecting the associates to be designated for layoff, under Section 6.3, all trainees will be laid off from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one that job classification before qualified associates are laid off from that job classification. The least senior trainee in a job classification will be laid off. Trainees who develop the Core Qualifications to be within two labor grades of the top rate will be considered qualified. Among qualified associates, least senior associates will be laid off first. Except as specified above, the least senior associates will be designated for layoff. 6.7 An associate designated for layoff procedure shall occur may exercise his seniority bump rights to displace the least senior associate in his own job classification on any shift provided he is qualified; or, if qualified, he may displace the following manner: a. least senior associate in any other job classification on any shift within the department and within the provisions of this Section. After an associate has exercised his bump rights within his department, such associate may exercise his right to bump an associate with less seniority in any other classification on any shift throughout the Plant, if qualified. There is no limitation on bumping within a department. The Department shall determine associate bumped may exercise his right to bump an associate with less seniority in any other classification on any shift throughout the classification(s) Plant, if qualified. There will be no further bumping as a consequence, except that, should there be a substantial reduction of any department which would cause the Union to request bargaining over the effects of such reduction, the parties may enter into an agreement which may broaden the seniority rights of the membership. As soon as practicable after the layoff date, the associates of each shift of each job classification affected and by bumping will be permitted to rearrange position assignments on any shift, giving the employees in associate bumping into the affected classification(s) shall be notified of their potential layoffclassification the right to choose a position occupied by any less senior associate. An employee shall The associate so bumped will be given written notice of layoff as far the right to choose a position in advance as possiblelike manner, but not the procedure continuing in seniority order until rearrangement is complete. 6.8 In order to expedite the bumping process, the Supervisor may require all associates who have less seniority than thirty (30) calendar days before the effective date, stating most senior associate on the reason(s) for the layoff. The Department shall notifyTentative Layoff List to designate, in writing, all affected employees up to six job classifications and shifts they would desire in the event they are bumped. Associates shall not be required to submit their list of six jobs until their seniorityscheduled shift after the Tentative Layoff List is posted. The Department During the bumping process, such lists will be used to assign the associate to a job classification and shift. In the event an associate is not able to bump into any of the job classifications he lists, he shall notify be permitted to file a second (or subsequent) list. Such job designations shall be applicable only for the CIATentative Layoff List for which they are requested. 6.9 In the event an associate is absent for any reason at the time he is bumped, he will be assigned to a job classification and shift for which he has filed a request under Section 6.8 above. If he does not have the qualification to bump into any job classification requested, in writingaccord with Section 6.10, or if he has not filed a list indicating the jobs he would prefer, the Supervisor may assign the associate to the job classification and shift deemed most desirable for the associate and the bumping process will continue. If, upon his return, the associate indicates his desire to bump into another job classification or shift, he may exercise his bump rights in accord with this Section 6. 6.10 An associate may bump into another job classification pursuant to the conditions of the seniority paragraph 4.6 of all employees in all affected this Article. 6.11 Sections 6.12, 6.13, 6.14 and 6.15 apply only to Apprenticeable Craft job classifications. b. All non6.12 a. In selecting the associates of Apprenticeable Craft classifications to be designated for layoff under Section 6.3, apprentices and associates-regular status employees/temporaries working in the affected classification(sin-training ("AM") in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall will be laid off prior from the craft classification before qualified associates are laid off, except that a qualified associate will not have preference over an apprentice, or an AIT with at least one year in the AIT program, who is senior to him until he has four years of seniority. Among apprentices, the layoff of any regular status employee. c. Employees shall associate who has the lowest appraisal level on the EWS Apprenticeable Craft Schedule will be laid off and seniority calculated within the following separate categories: 1first. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall Among AIT associates, associates will be laid off on the basis of inverse classification by seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service by classification, except that AU associates with less than one year in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of AIT Program will be laid off first before AIT associates with more than one (1) yearyear in the AIT Program. All part-time service shall A "Qualified Associate" is an associate whose skill and experience can be credited on appraised to be equal to that required to obtain a prorated basis. If two (2) or more employees have equal service credit, the order Certificate of layoff shall be in inverse Completion of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment Apprenticeship Training from the list. Regular status employees shall be placed on the Bureau of Apprenticeship and Training, U.S. Department layoff list for the classification held at time of layoffLabor.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff 1. Layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur reduction in the working force. 2. If a layoff becomes necessary the following mannerprocedures will be mandatory: a. The Department Layoffs, as required, shall determine be made within the classification(s) affected classifications in the affected department. b. Such reduction will be made in the first instance by terminating probationary and the temporary employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status c. If a further reduction in force is required, such reduction, in the case of seniority employees/temporaries working , will be made in inverse order of seniority within the affected classification in the affected classification(s) department. 3. When an employee is laid off, due to a reduction in which a layoff may occur the work force, he or she shall be terminated prior permitted to exercise his/her seniority rights to "bump" or replace an employee with less seniority in classifications covered by this Agreement in the actual layoff department from which the employee was laid-off only. Such employee may "bump" an employee in an equal or lower job classification under the following conditions: a. He/she shall have seniority as required and as defined in Article 36, Seniority, of this Agreement. b. Current ability to do the available work, meet the qualifications and perform the duties of the job without a trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employeetraining period. c. Employees An employee who qualifies for rights as set forth above, shall be laid off and seniority calculated within have the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positionsright to exercise such right or to accept layoff, by so notifying his/her Department Supervisor in writing. d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse Failure of the greatest length of continuous state service. Any trial service affected employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed exercise such ‘bumping rights” at the time of appointment layoff, will result in forfeiture of “bumping rights” during the term of such layoff. 4. Employees to be laid off for an indefinite period of time will have at least seven (7) calendar days notice of such layoff. The Unit Chairperson shall receive a list from the listEmployer, of the employees being laid off, on the same date the notices are issued to the employees. 5. Regular status Employees in classifications covered by this Agreement who are laid off from their regular employment as a result of a reduction in force, will be given consideration, by interview, for hire into a like classification only, for which they qualify, when opportunity for such hire occurs in the department from which the employee was laid off. Like classification is hereby defined as a classification in which the employee was employed at the time of lay-off, or a classification for which the employee is qualified by virtue of his/her knowledge, skills and abilities, as determined solely by the Employer. 6. Employees selected pursuant to paragraph 5 who will then have seniority in the new classification in accordance with the provisions of "seniority defined" as outlined in Article 36 of this Agreement. Such employees shall be placed on serve a ninety (90) day trial period, during which time the Department layoff list Employer may terminate the employee. Such termination by the Employer will not affect the former lay-off for seniority status of the classification held at time of layoffemployee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff This Article is defined as a separation from state service for involuntary reasons other than resignationintended to supersede the Layoff Procedure contained in the City's Personnel Rules and Regulations. A. The Personnel Officer may separate any employee or class of positions without prejudice, not reflecting discredit on an employee. For because of the purposes financial or economic condition of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationCity, reduction of work, or abandonment of activities. The layoff procedure City shall occur in the following manner: a. The Department shall determine the classification(sgive such employee(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not no less than thirty (30) calendar days before written notice of separation and the effective date, stating the reason(s) for the layoffreason thereof. The notice will be hand delivered or sent by registered mail. However, no permanent full-time employee shall be separated from a Department while emergency, seasonal, and/or probationary personnel are employed and serving in the same position(s) in the Department. B. In establishing the order of layoff of employees, the retention of those employees determined to be the most qualified is of concern and therefore, job performance will be considered. However, the principal criteria used in determining the order of layoff and bumping rights shall notifybe seniority and time worked within a class within the City, in writingprovided the employee presently possesses the skills, all affected abilities, and qualifications to perform the job. Effective with the ratification of this Agreement, seniority shall be determined first by date of promotion. If two employees were promoted on the same day, seniority shall be determined by date of their seniorityhire. The Department Furthermore, seniority shall notify govern unless the CIAfollowing criteria show that ability, in writingmerit, and record of the seniority of all employees considered for layoff are not equal: a. An employee's last four performance evaluations, if in all affected classifications.existence b. All non-regular status employees/temporaries working Any history of employee documented disciplinary actions c. Attendance record - tardiness and unexcused absences d. Safety record - vehicular and injury C. In the event a less senior employee in the affected classification(s) position in which a layoff may occur shall the classification to be terminated prior to laid off has superior skills, abilities, qualifications, merit, and record as determined by the actual layoff of trial service or regular status employees. A trial service Personnel Officer in the above manner, the more senior employee shall be laid off. D. Length of classification seniority shall be counted as all periods of time served as a probationary and permanent employee within a classification. Leave of absences will not be considered when determining seniority. E. A laid off prior employee shall be entitled to bump to a position in the next lower rank. The laid off employee must be physically and mentally able to perform the duties of the lower rank. No employee shall be transferred or demoted to a position for which they do not possess the minimum qualifications. F. After the City has notified the affected employee of the position available, if any, the employee must notify the Personnel Officer in writing of their intent to exercise the bumping rights within ten (10) calendar days and the position and classification in the City to which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority in the class shall be bumped by the person who is laid off. The employee bumped shall be considered as laid off for the same reason as the person who bumped them and shall in the same manner be eligible to bump to a position in the next lower rank. G. An employee's appointment shall not be terminated as a result of a layoff before they have been made a reasonable offer of any regular status reassignment if such an offer is immediately possible or available. Determination of a reasonable offer of reassignment and its availability will be made by the Personnel Officer. H. The names of permanent employees who have been laid off due to a reduction in the work force shall be placed on an appropriate re-employment list according to date separated and shall be eligible for re-employment. The last employee laid off shall be the first employee on the list, with other employees listed in sequential order thereafter. Each employee on a re-employment list shall remain on that list for one (1) year, at which time the list expires unless extended by the Personnel Officer for a maximum of one (1) additional year. The employee first listed shall also be first considered should a vacancy occur within that classification. I. Names of laid off employees on a re-employment list shall be removed under the following provisions: a. If the employee is re-hired by the City in the same classification. b. If the employee request such removal in writing. c. If the employee fails to respond within ten (10) calendar days upon receipt of notice by the Personnel Officer to the last known address available. d. If the employee refuses an appointment to a position of the same classification. J. An employee who fails to respond in writing within ten (10) calendar days, refuses recall, or fails to report on the prescribed date waives all further rights to recall and reinstatement as an employee. c. Employees K. In determining the order of re-employment, the Personnel Officer shall consider the previous performance of those on the re-employment list in accordance with the criteria specified in Section B, a-d above. In the event a less senior employee in the position in the classification to be re-employed has superior skills, abilities, qualifications, merit and record, as determined by the Personnel Officer, the less senior employee shall be laid off and seniority calculated within the following separate categories: 1reemployed. Permanent fullA person appointed from a re-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or employment list must serve a break in service which is defined as new probationary period if a separation or interruption of employment without pay of recall from such list occurs more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, year after the order of layoff shall be in inverse effective date of the greatest length of continuous state servicelayoff. Any trial service employee who is laid off A new probationary period in such circumstances shall not be placed on the Department layoff list less than one (1) year. L. Any person re-employed shall successfully pass any required examinations including but shall be restored not limited to the eligible list from which certification was made if the eligible list is still activea medical exam and drug and alcohol screen. Restoration of the list shall be for the remaining Any person re-employed after a one (1) year period of eligibility that existed at the time of appointment from the list. Regular status employees lay-off shall be placed on the Department layoff list for the classification held at time of layoffalso successfully pass a psychological evaluation.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the A. Probationary employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees first. A probationary employee shall not be laid off unless there is a senior employee who is certified, qualified, and seniority calculated within available to perform the following separate categories:duties of the position the probationary employee is vacating, or unless the position that the probationary employee is vacating is being eliminated altogether. 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status B. If the reduction of employees is still necessary, then senior employees in the specific positions being reduced or eliminated shall be laid off on the basis of seniority, except as hereinafter provided. Layoffs made pursuant to this section shall be made in the inverse classification order of seniority, i.e., those with the least seniority are to be laid off first. For the purposes of this article "seniority" is defined to mean the amount of time an individual has been continuously employed as a certificated employee within the School District. The seniority list shall be published and posted conspicuously in all buildings of the district by the second Friday in October of each school year. Revisions and updates of the seniority list shall also be published and posted as they are made. A copy of the seniority list and subsequent revisions and updates shall be forwarded to the Association Chairperson. C. Seniority shall continue to accumulate when bargaining unit members are on contractually approved sabbatical, National Guard, education, child care, job related disability, or association leave. D. The bargaining unit member shall receive written notice 20 days prior to effective date of layoff. E. A senior employee who is laid off pursuant to this article has the right to be placed in a position for which he/she is certified and qualified, and which is occupied by an employee with less seniority. For purposes of administering the layoff provisions purpose of this Article, classification seniority is article "qualified" shall be defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption following manner: 1. A minimum of employment without pay of more than one (1) year. 's satisfactory experience in the specific job classification to which he/she is attempting to be assigned within the past five (5) years. F. All part-time service shall seniority is lost when employment is terminated by resignation, retirement, or discharge for just cause; employees whose services have been terminated because of a necessary reduction in personnel must be credited on appointed to the first vacancy for which the employee is certified and qualified for a prorated basis. If two (2) or more employees have equal service credit, period of three years after the order of layoff shall be in inverse effective date of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration termination of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffemployee’s services.

Appears in 1 contract

Sources: Master Agreement

Layoff Procedure. When a reduction in the workforce is necessary, as opposed to a reduction in hours, the following procedure shall be used. 1. A regular full-time employee being laid off may displace the shortest service regular full-time employee within his classification within the bargaining unit. The regular full-time employee so displaced may displace the shortest service part-time employee in the same classification in the bargaining unit. In the event there is no less senior employee performing work in the same classification, this displaced employee may displace the least senior employee in a lower classification in which he previously performed (six) months of service in the classification for the Employer. 2. A part-time employee being laid off may displace the shortest service part-time employee within his classification within the bargaining unit. 3. Any employee with displacement rights under the procedures above shall be allowed to take a layoff in lieu of displacing any employee. 4. It is defined as understood that, in any event, only a separation more senior employee can displace another employee under the procedure. 5. It is expressly understood and agreed the following shall apply to all of the options set forth above. If the shortest service employee being bumped is within a ten (10) mile radius from state the displaced worker’s store, the shortest service for involuntary reasons other than resignationemployee will be bumped. If the shortest service employee is working at a store outside the ten (10) mile radius from the displaced employee’s store, not reflecting discredit on an the displaced employee may displace a less senior employee. For the purposes Laid off employees, and employees who accept a job in a lower classification in lieu of layoff the Criminal Investigator and Criminal Financial Investigator layoff, shall be treated recalled as one classificationneeded, in order of seniority, to jobs they are qualified to perform. The layoff procedure Employer shall occur not hire a new employee or promote an existing employee into a position for which a laid off employee or employee who accepts a job in the following manner: a. The Department shall determine the classification(s) affected a lower classification is qualified and the employees in the affected classification(s) shall be notified of their potential layoffavailable to perform. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which accepting a layoff rather than accepting a job in a lower classification may occur shall be terminated prior to inform the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service Employer in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed writing at the time of appointment the layoff of his desire to be recalled to a lower classification which was not available at the time of his layoff, and such notification shall be honored when a vacancy occurs. The notice shall specify the lower classification to which the employee desires recall. It is understood that any employee on layoff from the list. Regular status employees classification where the vacancy occurs shall be placed on the Department layoff list for the classification held at time of layoffhave preferential rights to such vacancy.

Appears in 1 contract

Sources: Meat Agreement

Layoff Procedure. A layoff The Employer may lay off employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a reduction in the work force due to a shortage of work or funds, the abolition of positions, changes in departmental organization or for other reasons. Whenever a reduction in the work force occurs, the following procedure shall be utilized: A. If a notice of reduction in the work force is defined as a separation from state service given pursuant to this section, for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of communication, the Employer, upon request, will meet with the Association to discuss the impact of such layoff. B. The parties acknowledge that there are many non- paid volunteers or cooperative programs with pay that function in association with the Sheriff Department. The parties agree that in the event of a layoff within the Criminal Investigator and Criminal Financial Investigator bargaining unit, these programs may continue in effect, but the Employer agrees that the hours of work now scheduled for the cadets shall not be increased nor shall the police reserves or traffic squad be utilized to replace the patrol functions now performed by members of the bargaining unit. Qualified employees on layoff shall be treated as one classification. The layoff procedure shall occur given the opportunity in accordance with their seniority to perform the following manner:seasonal marine patrol duties, part-time park police. a. The Department shall determine the classification(s) affected and the C. Part-time employees in the classification affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status first, then probationary employees shall be laid off on providing that the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more non- probationary employees have equal service creditthe experience, qualifications and present ability to perform the order of layoff shall required work. The next employee(s) to be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but employee with the least bargaining unit seniority among the classification or rank reduced, provided, however, that the remaining senior employees have the experience, qualifications and the present ability to perform the required work. Further layoffs shall be restored accomplished by the inverse order of bargaining unit seniority provided that the remaining senior employees have the experience, qualifications and present ability to perform the eligible list from which certification was made if required work. D. If a sergeant is to be reduced, the eligible list is still active. Restoration of employee with the list least rank seniority shall be for laid off first, provided that the remaining period of eligibility that existed at senior sergeants have the time of appointment from experience, qualifications and present ability to perform the list. Regular status employees required work. E. Upon being laid off, a sergeant, if he so requests shall be placed on the Department layoff list for the classification held at time be, in lieu of layoff, demoted to a patrol officer provided, however, that he has the required qualifications and that he has the greater bargaining unit seniority than the employee whom he is to replace. An ECS II, if he so requests, upon being laid off, shall be, in lieu of layoff, demoted to an ECS I position, An ECS I, if he so requests, upon being laid off, shall be, in lieu of layoff, demoted to an ECO II, An ECO II if he so requests, upon being laid off, shall be, in lieu of layoff, demoted to an ECO I, provided, however, that he has the required qualifications and that he has the greater bargaining unit seniority than the employee whom he is to replace.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status Whenever employees are laid off, affected employees shall be laid off on according to the basis of inverse classification seniorityseniority within the classification, with the least senior employees laid off first. For purposes of administering the layoff provisions of this Article, classification seniority is Seniority shall be defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest uninterrupted length of continuous state service with the Board in a particular classification computed from the latest date of hire or appointment to the employee’s present classification. Authorized leaves of absences do not constitute an interruption in continuous service. 2. Any trial service The classifications to be used for the purpose of defining classification seniority shall be classifications specified as follows: a. Custodian/ Groundskeeper/Maintenance b. Cafeteria / ▇▇▇▇ c. Secretary / Clerk d. Bus Driver e. Mechanic f. Aides g. Monitors / Crossing Guards 3. The Board shall determine in which classifications the layoff should occur and the number of employees to be laid off. Each employee to be laid off shall be given advance written notice stating the effective date of the intended layoff. 4. Employees who have worked under contract in another classification, and are subject to layoff, may displace the least senior employee in their former classification providing the following conditions are met: a. The employee must have satisfactory experience in the former classification. b. The employee must have more years of experience in the former classification than the least senior employee currently in the former classification, or, the employee must have more total years of experience, when combining his/her current classification with his/her former classification(s), than the least senior employee who is currently working in the former classification. c. The employee must be willing to accept the pay scale of the former classification. 5. Employees displaced by the Layoff Procedure above may bump employees with less seniority as follows: a. An Employee desiring to bump shall first bump the least senior employee in any classification previously held by a laid off shall not be placed on employee. b. In the Department layoff list but shall be restored event that a laid off employee has no previously held classification, or is unable to bump into a previously held classification, such laid off employee may bump the eligible list from least senior employee in any classification for which certification was made if he/she is qualified to perform as determined by the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffSuperintendent.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons reasons, other than resignationresignations, not reflecting discredit on an employee. For An employee and the purposes Union shall be given written notice of layoff at least fifteen (15) calendar days before the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationeffective date stating the reasons for the layoff. The layoff procedure shall occur in the following manner: a. (a) The Department Agency shall determine the classification(sspecific positions to be vacated. (b) affected Separate layoff lists will apply to full-time and the part-time employees in the affected classification(s) shall be notified of their potential layoffa classification. An Any full-time regular status employee shall be given written notice of layoff as far in advance as possible, but not permitted to displace a part-time employee with less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department However, part-time employees shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsnot displace full-time employees. An initial trial service employee cannot displace any regular status employee. b. All non-regular status employees/temporaries (c) Temporary employees working in the affected classification(s) classification and geographic area in which a the layoff may occur occurs shall be terminated prior to before the actual layoff of trial service or regular status employees. . (d) A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees employee notified of a pending layoff shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than select one (1) year. All part-time service shall be credited on a prorated basis. If two of the following options, and communicate such choice in writing to the Agency’s Appointing Authority within five (5) calendar days from the date of receipt of the written layoff notice: (1) The employee may displace the employee in the Agency with the lowest seniority in the same classification for which they are qualified in the same geographic area in the Agency where the layoff occurs and regardless of bargaining unit representation. (2) or more employees have equal service creditIf no positions are accessible under Section 1, subsection (d) (1), the order employee may bump the employee in the Agency with the lowest seniority in the same geographic area in any classification within the same salary range in which the employee held regular status, including any predecessor classifications. (3) The employee may demote to the lowest seniority position in any classification for which they are qualified within the Agency and geographic area and regardless of layoff shall bargaining unit representation provided the employee has exhausted their option for placement under Section 1(d) (1). (4) The employee may elect to be in inverse of the greatest length of continuous state servicelaid off. Any trial service employee who is laid off shall not Their name will be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffAgency Layoff List in seniority order.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as The Employer may lay off employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a separation from state service reduction in the work force due to a shortage of work or funds, the abolition of positions, material changes in Departmental organization or for involuntary other reasons other than resignation, not reflecting discredit on which are outside an employee's control. For Whenever a reduction in the purposes of layoff work force occurs, the Criminal Investigator and Criminal Financial Investigator following procedure shall be treated as one classification. utilized: (a) The layoff procedure shall occur first employees to be laid off within the bargaining unit classifications affected, and in the following manner: a. The Department order stated, shall determine be Part-time and then probationary. Thereafter, the classification(s) affected and the first employees to be laid off in the affected classification(s) classifications shall be notified those employees with the least amount of their potential layoff. seniority in such classification, provided, however, the senior employees retained are able to perform the remaining required work. (b) There shall be no bumping among or between employees or classifications other than the procedures set forth in this subsection: (a) An employee laid off from the Lieutenant classification may displace an employee in the Sergeant classification as otherwise provided by the 916-05 contract. Any employee utilizing the displacement rights provided by this subsection must be able to perform the required work. (b) An employee laid off from the Captain classification may displace an employee in the Lieutenant classification with less 916-06 seniority. In the event an employee laid off from the Captain classification is unable to displace an employee in the Lieutenant classification, the provisions of Section 10.0 shall be given written notice applicable. (2) Any employee who is eligible to exercise the displacement rights provided for in this subsection and who elects not to accept the reduction to the lower-rated position shall have the option of being placed on layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoffstatus. The Department shall notify, employee will be required to make a decision to accept the lower-rated classification or be placed on layoff status and submit same in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior writing to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated Human Resources Department within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order working days of initial notification of pending layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layofftheir current classification.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A A. The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the employee’s organization are to be given two weeks’ notice before such a layoff is defined to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee(s) affected by the layoff during the two weeks period prior to the proper layoff action. B. A demotion or transfer to another department may be made to prevent a separation from state layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. C. In the event of a layoff, those employees with the least service for involuntary reasons other than resignationin the classification affected shall be laid off first; if a recall begins, not reflecting discredit on an employeethe most senior employees laid off in the classifications required shall be recalled first. For Strict application of seniority shall prevail unless exceptional circumstances occur of which the purposes concerned employee organization shall be fully apprised in advance. The order of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following mannerbe: a. The Department shall determine the classification(s) affected and the 1. Temporary employees in the affected classification(s) classification shall be notified of their potential layoffremoved first. 2. An employee Probationary employees in the affected classification shall be given written notice removed next. 3. Exceptional circumstances may include the desirability of layoff as far maintaining a balanced department or work unit and maintaining employees in advance as possiblethe classification, but not department, or section who have the ability to perform the work available. D. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less than thirty overall City (30displacement seniority) calendar days before seniority provided it is in a position in which the effective dateemployee formerly held a regular appointment, stating or is qualified by education and/or experience, and is capable of performing the reason(s) duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for the layoff. The Department employee displaced shall notifybe considered as laid off for the same reason as the person who displaced him/her, and shall in writingthe same manner, all affected employees be eligible to displace to a position in a classification in which the employee formerly held a regular appointment or is qualified by education and/or experience, and is capable of their seniority. The Department shall notify performing the CIA, in writing, duties of the seniority of all employees in all affected classificationsclassification. b. All non-regular status employees/temporaries working in the affected classification(s) in which a E. Failure to return to work from layoff may occur shall be terminated prior within 15 calendar days after notice to return by certified or registered mail to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to at the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in last known address on file with the Criminal Investigator City Human Resources Department or by personal delivery shall constitute the employee’s waiver to return to work and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of eliminates any future re-employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be responsibilities placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffCity.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A A. Once the University determines the need for a layoff is defined as a separation from state service for involuntary reasons other than resignationexists, not reflecting discredit on an employee. For it shall employ the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationfollowing procedure: 1. The University shall first seek volunteers for a voluntary layoff procedure shall occur in the following manner:affected department(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). a. The Department shall determine the classification(s) affected and the 2. If further reductions are required, employees in the affected job classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working laid off in the affected classification(s) inverse order of seniority, provided that the remaining employees are immediately qualified to perform the required work. For purposes of layoff, bumping, and recall, qualified shall include ability, aptitude, skill, experience, and qualifications as stated in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeesjob description. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent fullPart-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Articlebefore full-time employees, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basisemployees cannot bump full-time employees. If two (2) Similarly, temporary employees cannot bump regular or more funds available employees, regardless of seniority. 3. Student employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed used to perform significant components of the position of a laid off employee. 4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the Department layoff list but University shall provide reasonable access to personal computers, typewriters, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues. 5. If the work force is to be reduced, it shall be restored to accomplished by layoff and not by any hours reduction. Only by agreement between the eligible list from which certification was made if appropriate parties can the eligible list is still activeregular hours of employees be reduced. 6. Restoration of the list shall be for the remaining If a layoff occurs during a period of eligibility that existed at unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees. 7. Any employee scheduled to be laid off from his/her present job may elect to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work. 8. Seniority will continue to accrue up to eighteen (18) months during time of appointment from spent on layoff, and the list. Regular status employees employee shall be placed on the Department layoff list for the classification held at time of retain all seniority accumulated prior to layoff.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator 31.1 Nothing herein shall be treated as one classificationconstrued to require the DistrictOC San to fill vacant, budgeted positions nor to prohibit the DistrictOC San from eliminating vacant positions from the budget. The DistrictOC San reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work. 31.2 The layoff procedure outlined below shall be followed if the DistrictOC San finds it necessary to layoff personnel who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002. 31.3 If, in the following manner: a. The Department shall determine the classification(s) affected sole discretion of DistrictOC San management, personnel reductions are necessary, layoff order and the employees in the affected classification(s) recall lists shall be notified developed based upon job classification, priority of their potential layofffunction, job performance, individual qualifications and seniority. An employee The OCEA and employees subject to layoff shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, provided with at least two weeks notification in writing, all affected employees whenever possible. 31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such requests must be made in writing to the Human Resources Department within five (5) days of their seniorityreceipt of the Layoff Notice. The Department salary of an employee who voluntarily demotes shall notify be unchanged, except that it may not exceed the CIA, in writing, maximum rate of the seniority of all employees in all affected classificationsrange for the lower level classification. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur 31.5 Recall lists shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee developed for all classifications experiencing personnel reductions, and shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or maintained for a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment two years from the listdate of layoff. Regular status employees Individuals shall be placed on the Department layoff list for in the classification held at time inverse order of layoff, so that the last person laid off is the first recalled. When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the top of the list. That individual must respond to the offer within five days, or the offer shall be made to the next person on the list. An individual who either does not respond or refuses three consecutive offers shall have their name removed from the list. 31.6 All notification and responses must be in writing and delivered either in person or by Certified Mail. It is the responsibility of all employees to keep the Human Resources Department informed of their current address, or where they may be contacted.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A If a layoff occurs, the Employer shall layoff probationary employees first; then, If a further layoff is defined as a separation from state service for involuntary reasons necessary, the Employer shall layoff part-time employees in the reverse order of their seniority; then, full-time. Recall shall be in the reverse order of the above procedure. An employee who is subject to layoff shall have the right to either: a) accept the layoff, or b) displace an employee who has lesser bargaining unit seniority in the bargaining unit if the employee originally subject to layoff can perform the duties of classification without training other than resignationa maximum of three (3) days orientation. Such employee so displaced shall be laid off. c) Any employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided he has the qualification and skill 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 reflecting discredit on apply until the recall process has been completed. In determining the ability of an employee. For employee to perform the work for the purposes of layoff the Criminal Investigator and Criminal Financial Investigator paragraphs above, the Employer shall be treated as one classification. The layoff procedure shall occur not act in the following an arbitrary or unfair manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee recalled to working a different classification from which he/she was laid off shall be given written notice have the privilege of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior returning to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off position he/she held prior to the layoff should it become vacant within four (4) months of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1being recalled. Permanent full-time positions 2. Permanent part-time positions d. Regular status No new employees shall be hired until all those laid off have been given opportunity to return to work and have failed to do so, or have been found unable to perform the work available. The Employer shall notify the employees of recall opportunity by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to be received on the basis second day following the date of inverse classification senioritymailing). For purposes of administering The notification shall state the layoff provisions of this Article, classification seniority job to which the employee is defined as eligible to be recalled and the length of an employee’s continuous service in date and time at which the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which employee shall report for work. The employee is defined as a separation or interruption of employment without pay of more than one (1) yearsolely responsible for his/her proper address being on record with the Employer. All part-time service shall be credited Employees on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state servicegiven preference for temporary vacancies which are expected to exceed ten (10) working days. Any trial service An employee who is laid off has been recalled to such temporary vacancy shall not be placed required to accept such recall and may instead remain on the Department layoff list but layoff. Seniority and service shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining not accumulate during any period of eligibility that existed at the time of appointment from the listlayoff. Regular status employees Employees shall be placed on the Department layoff list for the classification held at time of layoffhave bumping rights in accordance with their seniority.

Appears in 1 contract

Sources: Collective Agreement

Layoff Procedure. Section 1. When the Agency declares that a lack of funds necessitates a layoff, the Parties will meet, at the request of either Party, to consider alternatives to layoffs such as: voluntary reduction of hours, voluntary paid leave of absence, other voluntary programs and/or temporary interruptions of employment. Such alternatives shall be subject to mutual agreement of the Parties. In the absence of such mutual agreement, the Agency may implement layoff procedures consistent with this Agreement. The Parties agree all discussions that take place under this section are not bargaining and do not require the use of dispute resolution procedures contained in the PECBA. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of a pending layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reason for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeesSection 2. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority service credits calculated within the following separate mutually exclusive categories: a. Full-time, b. Part-time (including job share). A). Layoff shall be by classification and geographic as defined in Section 11 of this article. The affected geographic area, functional units and classifications shall be identified by the Agency and provided to the Union thirty (30) days prior to the layoff being declared. Order of layoff within the designated classification, functional unit, and geographic area shall be determined by identifying the required number of positions with the lowest service credit. 1. Permanent full-Effective upon layoff, the Agency will terminate temporary employees who are filling vacant positions in the affected classification and functional unit and include those vacant positions as available zero service credit positions during the process in Section 5 of this article. Temporary employees who are backfilling employees on long term leave may be displaced by full time positionsemployees who are laid off and elect to accept temporary employment. Full time employees who are on Job Rotation or Work Out of Classification assignments behind vacant positions will be returned to their permanent position if another employee exercises their option in lieu of layoff to the vacant position which would be designated as having zero service credits. If full time employees are backfilling another person on long term leave then the original employee‟s service credits shall apply to the position. 2. Permanent part-time positionsPrior to implementing layoffs, the Agency will notify all employees in the affected geographic area of the impending layoffs and solicit volunteers to elect to be laid off; volunteers will be solicited in numbers equal to those positions being laid off by classification. If more employees in a specific classification volunteer than are required, layoff will be granted by seniority with the higher seniority prevailing. d. Regular status employees 3. Employees laid off in a specific section or program within one or more functional units shall be laid off on notified fifteen (15) days prior to the basis date designated to declare options in lieu of inverse layoff under Section 5 of this article. Simultaneously, the Agency will notify an equivalent number of least service credit employees in the same classification seniorityat that worksite of the potential they may be bumped and should begin exploring possible options in lieu of layoff applicable under Section 5 of this article. 4. For purposes If the Agency is „deactivating‟ or closing a functional unit it shall notify all employees within that functional unit thirty (30) days prior to the date designated to declare options in lieu of administering layoff under Section 5 of this article. Simultaneously, the Agency will notify an equivalent number of least service credit employees in the same classifications within the Geographic Area of the potential they may be bumped and should begin exploring possible options in lieu of layoff as may or may not be applicable under Section 5 of this Article. 5. All impacted employees will be given an opportunity to meet with the Agency and Union and will be provided information regarding the layoff provisions process and their rights including but not limited to: a copy of this Article, classification seniority is defined as the length an explanation of an employee’s continuous service their options in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption lieu of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service creditlayoff, the order of layoff shall be in inverse specifics of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on layoff and recall process, various options when applying for the Department layoff list but shall be restored to list, other information regarding the eligible list from which certification was made if the eligible list is still active. Restoration administration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layofflists, unemployment and other relevant subjects.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the employee's organization are to be given two week notice before such a layoff is defined to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two week period prior to the proper layoff action. A demotion or transfer to another department may be made to prevent a separation from state layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. In the event of a layoff, those employees with the least service for involuntary reasons other than resignationin the classification affected shall be laid off first; if a recall begins, not reflecting discredit on an employeethe most senior employees laid off in the classifications required shall be recalled first. For Strict application of seniority shall prevail unless exceptional circumstances occur of which the purposes concerned employee organization shall be fully apprized in advance. The order of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following mannerbe: a. The Department shall determine the classification(s) affected and the 1. Temporary employees in the affected classification(s) classification shall be notified removed first. 2. Probationary employees in the affected classification shall be removed next. 3. Exceptional circumstances may include the desirability of their potential maintaining a balanced department or work unit and maintaining employees in the classification, department, or section who have the ability to perform the work available. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less overall City (displacement seniority) seniority provided it is in a position in which the employee formerly held a regular appointment, or is qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for layoff. An displace to a position in a classification in which the employee shall be given written notice formerly held a regular appointment or is qualified by education and/or experience, and is capable of performing the duties of the classification. Failure to return to work from layoff as far in advance as possible, but not less than thirty within fifteen (3015) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior after notice to return by certified or registered mail to the actual layoff of trial service employee at his last known address on file with the City Human Resources Office or regular status employees. A trial service employee by personal delivery shall be laid off prior constitute the employee's waiver to the layoff of return to work and eliminates any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent fullfuture re-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be responsibilities placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffCity.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A The Employer may layoff is defined as employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a separation from state service reduction in the work force due to a shortage of work or funds, the abolition of positions, material changes in Departmental organization or for involuntary other reasons other than resignation, not reflecting discredit on which are outside an employee's control. For Whenever a reduction in the purposes of layoff work force occurs, the Criminal Investigator and Criminal Financial Investigator following procedure shall be treated as one utilized: (a) The first employees to be laid off within the bargaining unit classifications affected, and in the order stated, shall be: part-time, probationary, employees serving a trial period within the affected classification who will be returned to their former classification. The layoff procedure shall occur in Thereafter, the following manner: a. The Department shall determine the classification(s) affected and the first employees to be laid off in the affected classification(s) classifications shall be notified those employees with the least amount of their potential layoffseniority in such classification, provided, however, the senior employees retained are able to perform the remaining required work. (b) There shall be no bumping rights among or between employees or classifications except as expressly set forth in procedures established by this subsection. (1) A non-probationary employee laid off from the Police Deputy classification may displace an employee with less Departmental seniority in the Corrections Deputy classification. (2) A non-probationary employee laid off from the Sergeant classification may displace an employee with less Police Deputy classification seniority in the Police Deputy classification. For this purpose only Police Deputy classification seniority shall include all seniority accumulated in the Detective classification. If the employee is, by exercise of classification seniority, unable to displace anyone in the Police Deputy classification, the employee may utilize departmental seniority to displace an employee with less departmental seniority in the Corrections Deputy classification. (3) An employee shall exercising the displacement rights provided by this subsection will be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before paid at the effective date, stating progression step resulting from adding the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the ’s length of an employee’s continuous service in the Criminal Investigator lower rated classification to the employee’s length of service in all higher rated classifications. Thereafter, the employee shall advance on the pay scale in accordance with the employee’s length of service in the new classification. (4) Any employee who is eligible to exercise the displacement rights provided for in this subsection and Criminal Financial Investigator classifications excluding temporary service, who elects not to accept the reduction to the lower-rated position shall have the option of being placed on layoff status. The employee will be required to make a decision to accept the lower-rated classification or a break be placed on layoff status and submit same in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If writing to the Human Resources Department within two (2) or more employees have equal service creditworking days of initial notification of pending layoff from the employee’s current classification. (5) Once an employee has exercised the displacement rights to the Corrections Deputy classification as provided for in this subsection, the order of layoff employee’s classification seniority in the Corrections Deputy classification shall be in inverse of deemed to be the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on same as the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffemployee’s departmental seniority date.

Appears in 1 contract

Sources: Labor Agreement

Layoff Procedure. A A. The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the employee's organization are to be given two weeks notice before such a layoff is defined to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two week period prior to the proper layoff action. B. A demotion or transfer to another department may be made to prevent a separation from state layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. C. In the event of a layoff, those employees with the least service for involuntary reasons other than resignation, not reflecting discredit on an employee. For in the purposes of layoff the Criminal Investigator and Criminal Financial Investigator classification affected shall be treated as one classificationlaid off first; if a recall begins, the most senior employees laid off in 1. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the Temporary employees in the affected classification(s) classification shall be notified of their potential layoffremoved first. 2. An employee Probationary employees in the affected classification shall be given written notice removed next. 3. Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees in the classification, department, or section who have the ability to perform the work available. D. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less overall City (displacement seniority) seniority provided it is in a position in which he/she formerly held a regular appointment, or is qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for layoff. E. The employee displaced shall be considered as laid off for the same reason as the person who displaced him, and shall in the same manner, be eligible to displace to a position in a classification in which he/she formerly held a regular appointment or is qualified by education and/or experience, and is capable of performing the duties of the classification. ▇. ▇▇▇▇▇▇▇ to return to work from layoff as far in advance as possible, but not less than thirty within fifteen (3015) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior after notice to return by certified or registered mail to the actual layoff of trial service employee at his last known address on file with the City Human Resources Office or regular status employees. A trial service employee by personal delivery shall be laid off prior constitute the employee's waiver to the layoff of return to work and eliminates any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent fullfuture re-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be responsibilities placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffCity.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A layoff When it is defined as a separation from state service for involuntary reasons other than resignationnecessary to lay off employees in any Division, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following mannershall govern: a. The Department shall determine A. Part-time, seasonal, variable, and temporary employees who perform work similar to bargaining unit employees will be laid off in any order within the classification(s) Division affected by the layoff, providing the remaining employees are able to perform the work with normal instructions and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possiblesupervision, but not less than thirty (30) calendar days before the effective dateand providing further that they possess those minimum qualifications, stating the reason(s) certifications, and/or licenses required for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsposition by law. b. All nonB. Regular full-regular status time probationary employees are the next to be laid off in any order within the Division affected by the layoff, provided the remaining employees are able to perform the work with normal instructions and supervision and provided further that they possess those minimum qualifications, certifications, and/or licenses required for the position by law. C. If it is necessary to lay off additional employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee , they shall be laid off prior in reverse seniority order within the Division affected by the layoff, providing the remaining seniority employees are able to perform the work with normal instructions and supervision, and providing further that they possess those minimum qualifications, certifications and/or licenses required for the position by law. D. An employee affected by a layoff may bump into a position of equal or lower pay grade in their assigned classification group (See Appendix A – Bumping Classifications) within the bargaining unit, which is held by an employee with less seniority, provided the employee can perform the duties of the new position with normal instructions and supervision and providing further the employee possesses those minimum qualifications, certifications, and/or licenses required for the position by law. E. An employee who has been promoted, and cannot bump an employee within their classification group may bump the least senior employee in the classification they have most recently held providing that the affected employee has more seniority. They may move back through any position which they have previously held as necessary, and providing they still possess those minimum qualifications required for the job. F. If the affected employee does not meet the criteria for bumping in either 10.3D or 10.3E, the employee may bump starting from the least senior employee in the bargaining unit, in equal or lesser classification provided the employee can perform the duties of the new position with normal instructions and provided the employee has the necessary qualifications certifications and /or licenses required by law. Shall the employee affected by the layoff not meet the qualifications, certifications, license requirements, etc. of any regular status the least senior employee; the employee may continue to bump from the least senior employee up until they meet the qualifications. They must take the first position they meet the qualifications for. The determination of qualifications will be made by the employer. An employee who bumps into another position shall be paid at the pay rate of the new position in accordance with their seniority. c. Employees shall be laid off and seniority calculated G. An employee must notify the Employer in writing of their intention to exercise bumping rights within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one ten (110) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse working days of the greatest length date of continuous state service. Any trial service employee who is laid off their layoff notice or they shall not be placed on the Department layoff list but shall be restored forfeit all rights to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffbump.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the Ancillary staff employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior in the inverse order of seniority provided that there is a senior employee available who is qualified to fill the layoff position of any regular status employeethe laid off employee and provided that, in the event a specific program is eliminated, causing that employee to be displaced, there is no other position occupied by a less senior employee for which that displaced employee is qualified. c. Employees 1. The Board, through its agents, will determine the ancillary staff positions which should be eliminated, reduced, or continued. 2. If for any reason the Board anticipates a reduction in ancillary staff, it shall, before taking action, consult with the Association to receive recommendations regarding priorities and procedures to be followed. Such recommendations shall not be binding upon the Board, but will merely serve as suggested guidelines, except that procedures as outlined by the contract shall be followed. 3. To the extent permitted by law, probationary ancillary staff employees shall be laid off and seniority calculated within first by seniority, provided that there is a senior employee who is qualified to perform the following separate categories:duties of the position being vacated by the probationary employee, unless such position is being eliminated altogether. 14. Permanent full-time positions 2. Permanent part-time positions d. Regular status If further reduction is necessary, ancillary staff employees shall be laid off on the basis of inverse classification seniority. For purposes of administering , provided that a more senior employee may be laid off while a less senior employee is employed if the layoff provisions of this Article, classification seniority more senior employee is defined as the length of an employee’s continuous service not qualified to be employed in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary servicespecific position held by the employee with less seniority or the specific position to which the Board determines the employee with less seniority shall be assigned. 5. Except in cases of emergency, or the Board shall give a break minimum of sixty (60) calendar days notice of layoff prior to the effective date of any reduction in service which is defined as a separation or interruption ancillary staff personnel to the individuals involved. Layoffs may be implemented at any time of employment without pay of more than one (1) the year. All part-time service shall be credited on a prorated basis. If two (2) or more Laid off ancillary staff employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on lose vested benefits accrued during the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffprevious school year.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as RAFT Whenever in the judgment of the City Council or City Manager it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a separation from state service for involuntary reasons other than resignationposition no longer exists, not reflecting discredit on an employee. For the purposes City Council and/or City Manager may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationappeal. The City Manager may notify management employees, within a reasonable period of time, of any potential layoffs or work furloughs in order to discuss potential alternatives to layoffs or work furloughs. In addition, the following layoff procedure shall occur procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the following manner:processing of layoffs. a. A. The Department City shall determine the classification(s) affected give employees proposed for layoff not less than a 14-calendar-day advanced written notice of separation and the employees in the affected classification(s) shall be notified of their potential layoffreason therefore. An No regular full-time employee shall be given written notice of separated under the layoff as far procedure from a department while emergency, seasonal, probationary, part-time, provisional, or temporary employees are employed and serving in advance as possible, but not less than thirty (30) calendar days before the effective date, stating same classification in the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsdepartment. b. All non-regular status employees/temporaries working in the affected classification(s) in which B. In each class within a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status department, employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service according to employment status in the Criminal Investigator following order: temporary, provisional, probationary, and Criminal Financial Investigator classifications excluding temporary serviceregular. Temporary, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service creditprovisional, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status and probationary employees shall be placed laid off according to the needs of the service as recommended by the concerned department head and decided by the City Manager. In cases where there are two or more regular employees in the class from which the layoff is to be made, the following criteria are the determining factors: 1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: first, all employees having ratings of improvement needed; second, all employees having ratings of satisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding. 2. Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the Department layoff list for job, amount of sick leave used during the classification held at time of layoffimmediate 2 past fiscal years, etc.

Appears in 1 contract

Sources: Employment Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department Agency shall determine the classification(s) affected specific positions to be vacated and the employees in the affected classification(s) those positions shall be notified of their potential layoff. The Agency shall notify, in writing, all affected employees of his/her seniority and his/her contractual bumping rights. The Agency shall notify the Union of the seniority of all employees in all affected positions in writing. The Agency shall also post a copy of the seniority of all affected positions in the geographic area on the employee bulletin board. b. An employee and the Union representative shall be given written notice of layoff as far in advance as possible, possible but not less than thirty fifteen (3015) calendar days before the effective date, stating the reason(s) reasons for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positionsby geographic area. d. Regular status Temporary and contractual employees working in the classifications and geographic area(s) for which a notice of layoff was given shall be laid off on the basis of inverse classification seniority. For purposes of administering terminated prior to the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous trial service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in regular employees. e. An initial trial service which is defined as a separation or interruption of employment without pay of more than one employee (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous new to state service) cannot displace any regular status employee. Any initial trial service employee who is laid off or demoted in lieu of layoff shall not be placed on the Department Agency layoff list list, but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. f. An employee notified of a pending layoff shall have one (1) opportunity to prioritize the following options and communicate such choice in writing to the Human Resources Manager within ten (10) calendar days from the date the employee is notified in writing. Regular status employees The Agency shall place the employee in the least senior position available for which the employee is qualified according to the prioritized order submitted by the employee; That is, if the Agency is unable to place the employee according to the employee’s first priority, the Agency will attempt to place the employee according to the second priority, and so on. If the Agency is unable to place the employee through this process, the employee will be placed on the Department layoff list for the classification held at time of layofflaid off.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as The Employer may lay off employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a separation from state service reduction in the work force due to a shortage of work or funds, the abolition of positions, material changes in Departmental organization or for involuntary other reasons other than resignation, not reflecting discredit on which are outside an employee's control. For Whenever a reduction in the purposes of layoff work force occurs, the Criminal Investigator and Criminal Financial Investigator following procedure shall be treated as one utilized: (a) The first employees to be laid off within the bargaining unit classifications affected, and in the order stated, shall be: part-time, probationary, employees serving a trial period within the affected classification who will be returned to their former classification. The layoff procedure shall occur in Thereafter, the following manner: a. The Department shall determine the classification(s) affected and the first employees to be laid off in the affected classification(s) classifications shall be notified those employees with the least amount of their potential layoffseniority in such classification, provided, however, the senior employees retained are able to perform the remaining required work. (b) There shall be no bumping rights among or between employees or classifications except as expressly set forth in procedures established by this subsection. (1) A non-probationary employee laid off from the Police Deputy classification may displace an employee with less Departmental seniority in the Corrections Deputy classification. (2) A non-probationary employee laid off from the Sergeant classification may displace an employee with less Police Deputy classification seniority in the Police Deputy classification. For this purpose only Police Deputy classification seniority shall include all seniority accumulated in the Detective classification. If the employee is, by exercise of classification seniority, unable to displace anyone in the Police Deputy classification, the employee may utilize departmental seniority to displace an employee with less departmental seniority in the Corrections Deputy classification. (3) An employee shall exercising the displacement rights provided by this subsection will be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before paid at the effective date, stating progression step resulting from adding the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the ’s length of an employee’s continuous service in the Criminal Investigator lower rated classification to the employee’s length of service in all higher rated classifications. Thereafter, the employee shall advance on the pay scale in accordance with the employee’s length of service in the new classification. (4) Any employee who is eligible to exercise the displacement rights provided for in this subsection and Criminal Financial Investigator classifications excluding temporary service, who elects not to accept the reduction to the lower-rated position shall have the option of being placed on layoff status. The employee will be required to make a decision to accept the lower- rated classification or a break be placed on layoff status and submit same in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If writing to the Human Resources Department within two (2) or more employees have equal service creditworking days of initial notification of pending layoff from the employee’s current classification. (5) Once an employee has exercised the displacement rights to the Corrections Deputy classification as provided for in this subsection, the order of layoff employee’s classification seniority in the Corrections Deputy classification shall be in inverse of deemed to be the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on same as the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffemployee’s departmental seniority date.

Appears in 1 contract

Sources: Labor Agreement

Layoff Procedure. A ▇▇▇▇▇▇ may be initiated at the City's discretion because of a material change in job duties or organization, a shortage of work or funds. The City reserves the right to determine which services will be discontinued and which positions will be subject to this layoff procedure. Upon this determination, subject to the displacement rights stated below, the employee with the least time in the classification plus higher classifications shall be laid off first. If more than one employee is defined as a separation from state service for involuntary reasons other than resignationto be laid off in the same classification, not reflecting discredit on an employee. For the purposes order of layoff will be from the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationemployee with the least seniority to the employee with the greatest seniority in the classification affected by layoff. 1. The City shall provide written notification to all employees subject to layoff procedure at least 45 calendar days prior to the effective date. Upon request, the City shall occur in meet with employees' representative concerning the following manner:impact of the City's decision to initiate layoff action. a. 2. The Department shall determine the classification(s) affected and the employees whose positions have been eliminated are entitled to downward or lateral displacement rights over other sworn employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not Police Department with less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department City shall notify inform affected employee of their displacement rights and said employee must inform the CIAHuman Resources Department, in writing, of the seniority of all employees in all affected classificationstheir intention to exercise their displacement rights no later than three (3) working days after notification. b. All non-regular status employees3. When an employee exercises his/temporaries working her displacement rights, he/she must hold greater seniority in the affected classification(s) classification in which the employee is seeking placement, plus higher classifications and may displace only the employee with the least seniority in the lower classification. 4. Seniority within a classification shall be based on continuous service within the class. 5. Employees who have been laid off shall be placed on a reemployment list and shall be offered employment into their former classification in preference of new applicants. Reemployment lists will be established by classification so that reemployment will be in reverse order of layoff. 6. When a vacancy occurs in a classification for which a layoff may occur reemployment list has been established, the senior employee thereon (as measured by continuous service within the class to which reemployment is sought) will be notified by certified U.S. Mail at his/her last known address and given the opportunity to accept or reject appointment into the vacant position. Notification shall be terminated prior to deemed completed upon deposit of the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service notice in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption U.S. Mail. He/she must advise the City of employment without pay of more his/her decision no later than one five (15) year. All part-time service shall be credited on a prorated basisworking days following notification. If he/she accepts, he/ she must report for work no later than two (2) calendar weeks from the vacancy notification date. If he/she declines, his/her name will be removed from the reemployment list and he/she forfeits all rights to which he/she would otherwise be entitled. 7. When an employee is notified of a vacancy, as noted above, and failed to respond to the notification letter within five (5) working days thereafter or more employees have equal service creditaccepts appointment but fails to report to work within the two-week period following notification, his/her name will be removed from the order of layoff reemployment list and he/she forfeits all rights to which he/she would otherwise be entitled. 8. A person shall be in inverse of the greatest length of continuous state servicedismissed for cause from a reemployment list. Any trial service employee who is laid off shall not be placed The individual on the Department layoff reemployment list but shall have no means by which to administratively or civilly contest dismissal from the reemployment list, and the 'cause' upon which dismissal shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list based, shall be the same type of cause which could form the basis for the remaining period disciplining a regular employee. The existence of eligibility that existed at the time of appointment from the list. Regular status employees such 'cause' shall be placed on established where the Department layoff list for Police Chief determines that probable cause exists to believe that the classification held at time misconduct has occurred. No evidentiary or other hearing shall be convened in connection with the finding of layoffsuch 'cause.'

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the employee's organization are to be given two (2) week notice before such a layoff is defined to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two (2) week period prior to the proper layoff action. A demotion or transfer to another department may be made to prevent a separation from state layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. In the event of a layoff, those employees with the least service for involuntary reasons other than resignationin the classification affected shall be laid off first; if a recall begins, not reflecting discredit on an employeethe most senior employees laid off in the classifications required shall be recalled first. For Strict application of seniority shall prevail unless exceptional circumstances occur of which the purposes concerned employee organization shall be fully apprized in advance. The order of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following mannerbe: a. The Department shall determine the classification(s) affected and the 1. Temporary employees in the affected classification(s) classification shall be notified of their potential layoffremoved first. 2. An employee Probationary employees in the affected classification shall be given written notice removed next. 3. Exceptional circumstances may include the desirability of layoff as far maintaining a balanced department or work unit and maintaining employees in advance as possiblethe classification, but not department, or section who have the ability to perform the work available. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less than thirty overall City (30displacement seniority) calendar days before seniority provided it is in a position in which the effective dateemployee formerly held a regular appointment, stating or is qualified by education and/or experience, and is capable of performing the reason(s) duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for the layoff. The Department employee displaced shall notifybe considered as laid off for the same reason as the person who displaced the employee, and shall in writingthe same manner, all affected employees be eligible to displace to a position in a classification in which the employee formerly held a regular appointment or is qualified by education and/or experience, and is capable of their seniority. The Department shall notify performing the CIA, in writing, duties of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a classification. Failure to return to work from layoff may occur shall be terminated prior within 15 calendar days after notice to return by certified or registered mail to the actual layoff of trial service employee at his last known address on file with the City Human Resources Department or regular status employees. A trial service employee by personal delivery shall be laid off prior constitute the employee's waiver to the layoff of return to work and eliminates any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent fullfuture re-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be responsibilities placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffCity.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A In the event certain bargaining unit positions are targeted for transfer or layoff, the parties will attempt to reassign employees to other job classifications prior to utilizing the layoff is defined as a separation from state service for involuntary reasons other than resignationand recall procedure. A. These reassignments will be through the Classification Committee and may be outside the employees’ normal duties, provided they meet the minimum qualifications of the new assignment. Such reassignments will be offered by seniority within affected classifications. Reassigned employees not reflecting discredit on an employeeelecting to accept reassignment may pursue participation in the job-share program. For the purposes Layoff of layoff the Criminal Investigator and Criminal Financial Investigator employees not reassigned nor participating in job-share shall be treated as one classificationin accordance with the provisions of this Article. B. Seniority shall be used to determine the order of layoffs. The least senior employee in a position targeted for layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall the first to be given laid off. C. The Company will give two (2) weeks written notice of layoff and provide a layoff allowance as far follows: D. The employee to be affected may, at the employee’s own discretion, replace another employee with less seniority in advance as possiblethe same or lower classification within the Company, but not less than thirty (30) calendar days before provided that the effective date, stating employee meets the reason(s) minimum qualifications for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsthat position. b. All nonE. The Classification Committee shall determine the qualifications of employees. In the event the Classification Committee is unable to reach a decision within three (3) working days, an impartial tiebreaker will be selected by the appropriate Division Vice President and the Union Business Manager or designees to make the final decision as to an employee’s qualifications. F. The employee may seek job-regular status employees/temporaries working share in the affected classification(s) in which lieu of a layoff may occur shall as provided in Section 5.10 of this Agreement. However, if no job-share opportunity can be terminated prior identified within the notice period given to the actual layoff of trial service or regular status employees. A trial service employee the employee shall be laid off prior subject to the layoff of any regular status employeeas scheduled. c. Employees G. A laid-off employee shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If have recall rights for two (2) years after layoff. The Union will be advised of the recall and will have three (3) business days to send notification of recall to the employee. If the employee does not return within fourteen (14) calendar days of when notification was sent, or more employees have equal service creditmake alternative arrangements satisfactory to the Company, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored Company will have fulfilled its obligations to the eligible list employee in regards to recall from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff. H. A recalled employee maintains his service and seniority date, as well as rate of pay.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Alaska Communications Systems Group Inc)

Layoff Procedure. A The Employer may layoff is defined as employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a separation from state service reduction in the work force due to a shortage of work or funds, the abolition of positions, material changes in Departmental organization or for involuntary other reasons other than resignation, not reflecting discredit on which are outside an employee's control. For Whenever a reduction in the purposes of layoff work force occurs, the Criminal Investigator and Criminal Financial Investigator following procedure shall be treated as one utilized: (a) The first employees to be laid off within the bargaining unit classifications affected, and in the order stated, shall be: part-time, probationary, employees serving a trial period within the affected classification who will be returned to their former classification. The layoff procedure shall occur in Thereafter, the following manner: a. The Department shall determine the classification(s) affected and the first employees to be laid off in the affected classification(s) classifications shall be notified those employees with the least amount of their potential layoffseniority in such classification, provided, however, the senior employees retained are able to perform the remaining required work. (b) There shall be no bumping rights among or between employees or classifications except as expressly set forth in procedures established by this subsection. (1) A non-probationary employee laid off from the Police Deputy classification may displace an employee with less Departmental seniority in the Corrections Deputy classification. (2) A non-probationary employee laid off from the Sergeant classification may displace an employee with less Police Deputy classification seniority in the Police Deputy classification. For this purpose only Police Deputy classification seniority shall include all seniority accumulated in the Detective classification. If the employee is, by exercise of classification seniority, unable to displace anyone in the Police Deputy classification, the employee may utilize departmental seniority to displace an employee with less departmental seniority in the Corrections Deputy classification. (3) An employee shall exercising the displacement rights provided by this subsection will be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before paid at the effective date, stating progression step resulting from adding the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the ’s length of an employee’s continuous service in the Criminal Investigator lower rated classification to the employee’s length of service in all higher rated classifications. Thereafter, the employee shall advance on the pay scale in accordance with the employee’s length of service in the new classification. (4) Any employee who is eligible to exercise the displacement rights provided for in this subsection and Criminal Financial Investigator classifications excluding temporary service, who elects not to accept the reduction to the lower-rated position shall have the option of being placed on layoff status. The employee will be required to make a decision to accept the lower- rated classification or a break be placed on layoff status and submit same in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If writing to the Human Resources Department within two (2) or more employees have equal service creditworking days of initial notification of pending layoff from the employee’s current classification. (5) Once an employee has exercised the displacement rights to the Corrections Deputy classification as provided for in this subsection, the order of layoff employee’s classification seniority in the Corrections Deputy classification shall be in inverse of deemed to be the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on same as the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffemployee’s departmental seniority date.

Appears in 1 contract

Sources: Labor Agreement

Layoff Procedure. A layoff is defined Journeymen and Apprentice Meat Cutters shall be considered one classification for the purpose of layoff. Section 100. Seniority. Delicatessen Clerks and Department Managers will be considered as a separation from state service separate group for involuntary reasons other than resignationthe purpose of applying the Seniority provisions. Seafood Clerks will be considered as a separate group for the purpose of applying the seniority provisions. It is understood that employees may change this election during layoff. However, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator changes and/or refusals shall be treated as one classificationlimited to two (2) per layoff. 1. A regular full-time employee being laid off may displace the shortest service regular full-time employee within his classification within the bargaining unit. The layoff procedure shall occur regular full-time employee so displaced may displace the shortest service part-time employee in the following manner: a. The Department shall determine the classification(s) affected and the employees same classification in the affected classification(sbargaining unit. In the event there is no less senior employee performing work in the same classification, this displaced employee may displace the least senior employee in a lower classification in which he previously performed six (6) months of service in the classification for the Employer. 2. A part-time employee being laid off may displace the shortest service part- time employee within his classification within the bargaining unit. 3. Any employee with displacement rights under the procedures above shall be notified allowed to take a layoff in lieu of their potential displacing any employee. 4. It is understood that, in any event, only a more senior employee can displace another employee under the procedure. Laid off employees, and employees who accept a job in a lower classification in lieu of layoff, shall be recalled as needed, in order of seniority, to jobs they are qualified to perform. The Employer shall not hire a new employee or promote an existing employee into a position for which a laid off employee or employee who accepts a job in a lower classification is qualified and available to perform. An employee accepting a layoff rather than accepting a job in a lower classification may inform the Employer in writing at the time of the layoff of his desire to be recalled to a lower classification which was not available at the time of his layoff, and such notification shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoffhonored when a vacancy occurs. The Department notice shall notifyspecify the lower classification to which the employee desires recall. It is understood that any employee on layoff from the classification where the vacancy occurs shall have preferential rights to such vacancy. Laid off employees shall be recalled as needed, in writingthe order of seniority, all affected employees of their seniorityto jobs in the classification from which they were laid off. The Department Employer shall notify the CIA, not hire a new employee into a classification in writing, of the seniority of all which they are laid off employees in all affected classifications. b. All non-regular status employees/temporaries working at that time. The Employer shall offer recall to a job in the affected classification(s) in classification from which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service an employee shall be was laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1promoting another employee into that classification. Permanent A full-time positions 2. Permanent employee accepting recall to a part-time positions d. Regular status employees position shall immediately be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All reclassified to part-time service status. Similarly, a part-time employee recalled to a full-time position shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored reclassified to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the full-time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffstatus.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation 3.01 An Administrator may be laid off from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given his/her position upon written notice from the Board of layoff as far in advance as possible, but not less than thirty Education at least sixty (3060) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff end of trial service the first semester if effective at mid-term of the Administrator's contract year or regular status employeesby May 1 of the end of the year if effective for the beginning of the Administrator's next contract year. 3.02 When the Board of Education determines that a reduction in its administrative staff is necessary, the Board of Education shall first select those administrative positions to be eliminated. A trial service employee Administrators who are displaced because of the elimination of those positions shall be retained in a position in their current job classification occupied by the least senior administrator. The least senior administrator displaced above shall displace the least senior administrator in the next lower job classification in the unit provided the administrator is certified and qualified for the position and has greater administrative seniority. In such cases the Administrator being displaced shall have the same right of retention in a position in a lower job classification than the one from which the Administrator was displaced. Those Administrators finally determined as displaced without retention rights in any other position shall be laid off prior off. Those Administrators assuming a lower salaried position pursuant to this procedure shall retain the layoff salary of any regular status employeethe position previously held for a maximum period of one year. Thereafter, the Administrators shall assume the salaries of the positions in which they are retained. c. Employees 3.03 An Administrator laid off by the Board of Education shall have the right to reinstatement and placement in the position previously held when it is reinstated provided the Administrator is certified and qualified for the position. Said right of placement or reinstatement shall be laid off and seniority calculated within in effect for three (3) years from the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order date of layoff and shall cease thereafter. Reinstatement of administrative employment shall be in inverse order of layoff. The Board shall serve written notice of recall from layoff by sending a registered or certified letter to said Administrator at his/her last known address. It shall be the responsibility of each Administrator to notify the Board of any change in address. The Administrator's address as it appears on the Board's records shall be conclusive when used in connection with layoffs, recall, or other notice to the Administrator. If an Administrator fails to report to work within twenty (20) calendar days of the greatest length date of continuous state service. Any trial service employee who the sending of the recall notice, unless an extension is laid off shall not be placed on granted in writing by the Department layoff list but Board, said Administrator shall be restored to considered as a voluntary quit and shall thereby terminate his/her individual employment contract and any other employment relationship with the eligible list Board. 3.04 Administrators shall acquire seniority in their administrative capacities on a cumulative basis for all service time as an Administrator in the school district from which certification was made if the eligible list is still active. Restoration their most recent dates of the list shall be for the remaining period hire, excluding time on leaves of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffabsence.

Appears in 1 contract

Sources: Employment Agreement

Layoff Procedure. A In the event certain bargaining unit positions are targeted for transfer or layoff, the parties will attempt to reassign employees to other job classifications prior to utilizing the layoff is defined as a separation from state service for involuntary reasons other than resignationand recall procedure. A. These reassignments will be through the Classification Committee and may be outside the employees’ normal duties, provided they meet the minimum qualifications of the new assignment. Such reassignments will be offered by seniority within affected classifications. Reassigned employees not reflecting discredit on an employeeelecting to accept reassignment may pursue participation in the job-share program. For the purposes Layoff of layoff the Criminal Investigator and Criminal Financial Investigator employees not reassigned nor participating in job-share shall be treated as one classificationin accordance with the provisions of this Article. B. Seniority shall be used to determine the order of layoffs. The least senior employee in a position targeted for layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall the first to be given laid off. C. The Company will give two (2) weeks written notice of layoff and provide a layoff allowance as far follows: Months of Continuous Service Layoff Allowance D. The employee to be affected may, at the employee’s own discretion, replace another employee with less seniority in advance as possiblethe same or lower classification within the Company, but not less than thirty (30) calendar days before provided that the effective date, stating employee meets the reason(s) minimum qualifications for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsthat position. b. All nonE. The Classification Committee shall determine the qualifications of employees. In the event the Classification Committee is unable to reach a decision within three (3) working days, an impartial tiebreaker will be selected by the appropriate Division Vice President and the Union Business Manager or designees to make the final decision as to an employee’s qualifications. F. The employee may seek job-regular status employees/temporaries working share in the affected classification(s) in which lieu of a layoff may occur shall as provided in Section 5.10 of this Agreement. However, if no job-share opportunity can be terminated prior identified within the notice period given to the actual layoff of trial service or regular status employees. A trial service employee the employee shall be laid off prior subject to the layoff of any regular status employeeas scheduled. c. Employees G. A laid-off employee shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If have recall rights for two (2) years after layoff. The Union will be advised of the recall and will have three (3) business days to send notification of recall to the employee. If the employee does not return within fourteen (14) calendar days of when notification was sent, or more employees have equal service creditmake alternative arrangements satisfactory to the Company, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored Company will have fulfilled its obligations to the eligible list employee in regards to recall from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff. H. A recalled employee maintains his service and seniority date, as well as rate of pay.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Alaska Communications Systems Group Inc)

Layoff Procedure. Layoffs shall be subject to the following conditions: A. A layoff is defined as a separation from state service for involuntary reasons other than resignation, of not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less more than thirty (30) calendar days before shall be determined by the effective date, stating Employer to meet the reason(s) for the Employer's temporary staffing requirements. A teacher on temporary layoff may be placed on long term layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(sB. A layoff of more than thirty (30) in which a layoff may occur days shall be terminated prior conform to the actual layoff following guidelines: 1. Unless the Employer and the Association shall have agreed to a different order of trial service or regular status employees. A trial service employee layoff, teachers shall be laid off in the order of seniority starting with the least senior teacher, provided that the remaining teachers are certified and qualified to perform the duties of the positions to be filled and such layoff does not violate any applicable laws, regulations or agreements. 2. The Employer shall give not less than twenty (20) calendar days notice of layoff. C. Any layoff shall suspend for the duration of the layoff, the Employer's obligation to pay salary or fringe benefits under any individual contract of employment or under this Agreement. However, a teacher shall be eligible to receive any benefits and salary which were earned in accordance with Schedule A-2.3, but not yet paid prior to the layoff of any regular status employeelayoff. c. Employees D. If a teacher is laid off during a break period (winter or summer) and subsequently is recalled for the regularly scheduled work year, suffers no loss of pay and collects unemployment compensation, the teacher shall reimburse the District all employment compensation paid. Reimbursement shall be laid off and seniority calculated within made to the following separate categoriesDistrict by direct payment or payroll deduction at the teacher’s discretion. E. If the layoff opens a position, that position shall first be posted internally for five (5) business days. F. If the number of teachers in a building/subject area is to be reduced the employer shall first seek a volunteer for transfer to any vacant position. If there are no volunteers, the least senior teacher in the effected grade level(s)/subject area(s) may either: 1. Permanent full-time positionsDisplace the least senior teacher in the building/subject area unless they are the least senior teacher, or, 2. Permanent part-time positions d. Regular status employees shall Elect to fill their choice of any existing vacancy. The teacher who is displaced from the building/subject area may choose any existing vacancy for which they are certified and qualified. In all cases, the teacher must be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service certified to teach in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary serviceassignment. If the assignment requires any special training, or a break in service which is defined as a separation or interruption of employment without the employee will be trained for the position at the employer’s expense provided that such training can be reasonably completed within thirty (30) days. In no case will the employer be obligated to pay of more than one (1for the employee to acquire new endorsement(s) yearon his/her teacher certificate. All part-time service shall teachers must be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffhighly qualified as defined under NCLB and its regulations.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status Whenever employees are laid off, affected employees shall be laid off on according to the basis of inverse classification seniorityseniority within the classification, with the least senior employees laid off first. For purposes of administering the layoff provisions of this Article, classification seniority is Seniority shall be defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest uninterrupted length of continuous state service with the Board in a particular classification computed from the latest date of hire or appointment to the employee’s present classification. Authorized leaves of absences do not constitute an interruption in continuous service. 2. Any trial service The classifications to be used for the purpose of defining classification seniority shall be classifications specified as follows: a. Custodian/ Groundskeeper/Maintenance b. Cafeteria / Cook c. Secretary / Clerk d. Bus Driver e. Mechanic f. Aides g. Monitors / Crossing Guards 3. The Board shall determine in which classifications the layoff should occur and the number of employees to be laid off. Each employee to be laid off shall be given advance written notice stating the effective date of the intended layoff. 4. Employees who have worked under contract in another classification, and are subject to layoff, may displace the least senior employee in their former classification providing the following conditions are met: a. The employee must have satisfactory experience in the former classification. b. The employee must have more years of experience in the former classification than the least senior employee currently in the former classification, or, the employee must have more total years of experience, when combining his/her current classification with his/her former classification(s), than the least senior employee who is currently working in the former classification. c. The employee must be willing to accept the pay scale of the former classification. 5. Employees displaced by the Layoff Procedure above may bump employees with less seniority as follows: a. An Employee desiring to bump shall first bump the least senior employee in any classification previously held by a laid off shall not be placed on employee. b. In the Department layoff list but shall be restored event that a laid off employee has no previously held classification, or is unable to bump into a previously held classification, such laid off employee may bump the eligible list from least senior employee in any classification for which certification was made if he/she is qualified to perform as determined by the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffSuperintendent.

Appears in 1 contract

Sources: Negotiated Agreement

Layoff Procedure. A A. Once the University determines the need for a layoff is defined as a separation from state service exists, it shall employ the following procedure: 1. If at anytime during the layoff process an employee submits his notice of retirement, resignation or volunteers for involuntary reasons other than resignationlayoff, not reflecting discredit on an employeethe University will review its layoff rationale. For Where appropriate, the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationUniversity may curtail staff reductions and/or recall laid-off employee(s). The layoff procedure University shall occur in first lay off non-bargaining unit temporary employees with the following manner:same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). a. The Department shall determine the classification(s) affected and the 2. If further reductions are required, employees in the affected job classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working laid off in the affected classification(s) inverse order of seniority, provided that the remaining employees are immediately qualified to perform the required work. For purposes of layoff, bumping, and recall, qualified shall include ability, aptitude, skill, experience, and qualifications as stated in which the job description as evidenced by recent performance in the position or in a layoff may occur shall be terminated prior to position having the actual layoff same or similar essential job duties or the employee’s demonstration of trial service or regular status employeesother relevant qualifications. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent fullPart-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Articlebefore full-time employees, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basisemployees cannot bump full-time employees. If two (2) Similarly, temporary employees cannot bump regular or more funds available employees, regardless of seniority. 3. Student employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed used to perform significant components of the position of a laid off employee. 4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the Department layoff list but University shall provide reasonable access to personal computers, typewriters, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues. 5. If the work force is to be reduced, it shall be restored to accomplished by layoff and not by any hours reduction. Only by agreement between the eligible list from which certification was made if appropriate parties can the eligible list is still activeregular hours of employees be reduced. 6. Restoration of the list shall be for the remaining If a layoff occurs during a period of eligibility that existed at unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees. 7. Any employee scheduled to be laid off from his/her present job may elect to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work. 8. Seniority will continue to accrue up to eighteen (18) months during time of appointment from spent on layoff, and the list. Regular status employees employee shall be placed on the Department layoff list for the classification held at time of retain all seniority accumulated prior to layoff.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service ‌ The procedure for involuntary reasons other than resignationlayoff, not reflecting discredit on an employee. For once the purposes number of layoff the Criminal Investigator and Criminal Financial Investigator positions to remain by classification has been determined, shall be treated as one follows: 1. Priority lists shall be established for retained positions in each classification. The layoff procedure lists shall occur include the names of those employees who, based on their seniority within the classification, qualify to fill the retained positions. Where two or more employees have the same seniority within a classification, seniority between those employees shall be determined by time in City service in any classification. Employees within a classification, who are not qualified by seniority to be on the following manner: a. The Department priority list for the classification, shall determine be eligible to compete, by seniority, for the classification(s) affected and next lower classification priority list. If the employees are unsuccessful in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possiblequalifying for this lower priority list, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees they shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positionsplaced on a reinstatement list. 2. Permanent part-time positionsOnce priority lists have been established for each classification, the bumping and layoff process would then take place. Employees are authorized to bump to a previously held classification if they meet the following criteria: d. Regular status employees a. Their classification has been deleted by the City. b. They hold a position on the priority list for their classification but are displaced (bumped) by an employee from a higher classification. c. Once an employee has “bumped” to a previously held lower level position, they shall not be affected further by the current round of layoffs. If an employee is authorized to bump by meeting the above criteria, he/she will occupy the position held by the least senior employee on the priority list for that classification, who shall be displaced and authorized to bump downward. A regular employee who is bumped or accepts demotion in accordance with this procedure in lieu of layoff retains reinstatement right to his/her former classification. If an employee is not authorized to bump down, due to failure to meet the above criteria, he/she will be laid off and placed on the basis of inverse classification seniorityreinstatement list. 3. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length employees promoted out of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary servicethis unit of representation shall, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse upon completion of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored probationary period in their new position, lose all seniority and bumping rights to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layofftheir former position.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A layoff is defined A. If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of funds, lack of work, by reasons of decreased enrollment of pupils, return to duty of regular employees after leave of absence, by reason of suspension of schools or territorial changes affecting the District, or other reasons as a separation from state service for involuntary reasons other than resignationdetermined by the Administration and/or Board, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential procedure may govern such layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the B. Whenever it becomes necessary to lay off employees by reasons as stated above, affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on according to seniority within the basis of inverse classification seniorityclassification, with the least senior employee laid off first. For purposes of administering the layoff provisions of this Article, classification seniority is Seniority shall be defined as the length of an employee’s continuous service with the Board in a particular job classification computed from the original date of hire or appointment to their present classification. In the cases of identical seniority, the employee who was first hired by the Board shall be deemed to possess more seniority. Employees who have previously worked in a different classification(s) within the District shall have the right to bump the least senior employee in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break prior classification(s). Any employee displaced from the maintenance classification may displace the least senior employee in service which is defined as a separation or interruption of employment without pay of more than one (1) yearthe custodial classification. Any employee displaced from the bus mechanic classification may displace the least senior employee in the bus driver classification. All part-time service classified (SERS) employees are included in the seniority list based on their previous experience in classifications. C. The classifications in the District are as follows: 1. Custodian 2. Maintenance 3. Bus Driver 4. Bus Mechanic 5. Secretary 6. Aide (Media) 7. Aide (Study Hall, Teacher) 8. Aide (with 2, 4 year certificate) 9. ▇▇▇▇ D. The Board shall determine in which classifications the layoff should occur and the number of employees to be laid off. In the classifications of layoff, employees who possess limited contracts shall be credited on laid off before any employee in the classification employed under a prorated basis. If two (2) or more employees have equal service creditcontinuing contract is laid off. E. Prior to the effective date of layoffs, the order of layoff Board shall prepare and post for inspection in a conspicuous place a list containing the names, seniority dates and classification, and indicate which employees are to be in inverse of the greatest length of continuous state servicelaid off. Any trial service Each employee who is to be laid off shall not be placed given advance written notice of the layoff. F. For the classifications in which the layoffs occur, the Board shall prepare a reinstatement list and shall place employees on the Department reinstatement list in reverse order of layoff. Reinstatement shall be made from this list before any new employees are hired in the classification. G. Employees whose names appear on the reinstatement list shall have a right to be recalled to vacancies which occur in the classification of layoff on the basis of classification seniority before other persons on the list may be considered. If a vacancy occurs for which there are no names on the layoff list but in the classification of layoff, persons on the reinstatement list shall have a right to be recalled to these other positions on a District-wide seniority basis if they are determined to be qualified for the vacant position by the Administration. The positions shall be restored to offered in writing and must be accepted or rejected by the eligible list from which certification was made if the eligible list is still active. Restoration employee in writing within five (5) days of the offer. Any employee on the reinstatement list who declines reinstatement shall be removed from the reinstatement name list. H. The employee's name shall remain on the reinstatement name list for the remaining a period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.eighteen months

Appears in 1 contract

Sources: Classified Agreement

Layoff Procedure. A a) In the event of layoff, the Employer shall layoff Employees in the reverse order of their seniority within their classification, provided that there remain on the job Employees who have the skills to perform the work. b) An Employee who is defined subject to layoff shall have the right to either: i) accept the layoff; or ii) bump an Employee with less bargaining unit seniority within a lower or identical paying classification for which they are qualified, as a separation from state service for involuntary reasons required by law, and can perform the duties of the lower or identical paying classification without training other than resignationorientation. iii) Chain bumping will be allowed with the understanding that an Employee subject to lay off who chooses to bump, not reflecting discredit on an employee. For must bump the purposes Employee with less seniority who has scheduled hours equal to or less than the Employee laid off, subject to paragraph (vi) below. iv) Consistent with the opportunity to chain bump, all Employees who are potentially impacted will be given notice of layoff at the Criminal Investigator outset of the process. v) An identical paying classification shall include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off Employee is within one percent (1%) of the laid off Employee’s straight time hourly wage rate. vi) In the event that there are no Employees within the laid off Employee’s classification in the bargaining unit with lesser seniority who have scheduled hours equal to, or less than the Employee being laid off, such Employee may bump a less senior Employee with greater regularly scheduled hours within 5% of the laid off Employee’s regularly scheduled bi-weekly hours within her classification. vii) When an Employee subject to layoff chooses to bump and Criminal Financial Investigator there are no Employees with less seniority within the bargaining unit. It is understood and agreed that if a part time Employee bumps a full time Employee as part of the above noted procedure, the part time Employee shall be treated reclassified to full time status. viii) In the event that there are no Employees in the bargaining unit with lesser seniority in lower or identical paying classifications as one classificationdefined in this Article, a laid off Employee will have the right to displace an Employee with less seniority, who has scheduled hours equal to or less than the Employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off Employee is within five percent (5%) of the laid off Employee’s straight time hourly rate provided he or she is qualified for and can perform the duties. The layoff procedure Employer shall occur in afford such Employees orientation. ix) The decision of the following manner: a. The Department shall determine the classification(sEmployee to choose i) affected and the employees in the affected classification(sor ii) shall be notified of their potential layoff. An employee above shall be given written notice in writing to the Administrator within five (5) days following the notification of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for layoff. Employees failing to do so will be deemed to have accepted the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 1 contract

Sources: Collective Agreement

Layoff Procedure. A Section 1 Should the Company find it necessary to layoff is employees, the procedure set forth in this Article shall be followed. The Company will decide the necessity for and will determine the extent of any required layoff, the effective date or dates thereof, and the job title(s), work groups and "Geographic Areas" (as defined as in Section 2) affected. Section 2 In the event the Company determines to layoff employees, it shall first notify the Union of its intent in writing. Thereafter, the layoff shall be accomplished in the inverse order of seniority, providing the remaining employees have the skill and ability to perform the work, among employees with normal reporting locations within the affected Geographic Area. Before laying off regular employees in a separation from state service particular Geographic Area, and title, temporary employees or employees hired for involuntary reasons other than resignation, not reflecting discredit on an employeea fixed term in that Geographic Area and title will be laid off. For the "Geographic Area" for purposes of layoff this section shall mean the Criminal Investigator and Criminal Financial Investigator geographical territories of each of the Union's six units (Northern, Essex, Hudson, Raritan, Central, Southern) as set forth on the map in Attachment C. Section 3 Employees who are laid off shall be treated as one classification. The given at least three (3) weeks' notice of such layoff procedure shall occur or three (3) weeks' pay in lieu of notice at the Company's discretion. Section 4 In hiring in any Geographic Area in any affected title following manner: a. The Department shall determine a layoff, the classification(s) affected and the Company will offer reemployment to qualified employees who have been laid off in that geographic area in the affected classification(stitle in the inverse order in which said employees were laid off, subject to the provisions of this paragraph. The Company will have fulfilled its obligation hereunder with respect to any laid off employee, by offering reemployment by registered mail addressed to the laid off employee's latest address as shown by the records of the Company. Any such laid off employee must respond and be available for reemployment within fourteen (14) shall be notified days of their potential layoff. An the date of the registered mail receipt; otherwise the laid off employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before deemed to have refused reemployment and the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur Company's obligation under this paragraph shall be terminated prior to the actual layoff of trial service or regular status employeesterminated. A trial service employee There shall be no obligation to offer reemployment to any employee who has been laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service It shall be credited on a prorated basis. If two the responsibility of laid off employees to inform the Company of changes in address. (2a) or more employees have equal service credit, Any laid off employee offered reemployment must be able to meet the order of layoff shall be in inverse requirements of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed available job at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffsuch offer is made, including any normal drug-testing or other employment screens.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff The Company will provide the Union with advance notice of all layoffs per the Canada labour Code (2 weeks paid or working notice). It is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes desire of layoff the Criminal Investigator Company and Criminal Financial Investigator shall be treated as one classificationthe Union to provide full and efficient employment. The layoff procedure Company recognizes that unnecessary movement of people not only disrupts the employees but also has a negative impact on quality and customer satisfaction. Therefore, the parties agree that when layoffs are occasioned by work shortages or other unforeseen circumstances, the following provisions shall occur apply. The parties also agree that these provisions shall not apply in the event of scheduled shutdowns. A. Layoffs of Fifteen (15) days or less In the event that it becomes necessary to layoff employees in any classification for a period of fifteen days or less the following mannerrules will apply. a) The Company will determine the number of affected employees, the affected classifications and the affected occupations. b) Any employees who have not completed their probationary period will be laid off. c) The employees with the shortest seniority in the Occupation will be laid off, subject to the remaining employees being able to meet all requirements of the remaining work available B. Layoffs Exceeding Sixteen (16) days or more In the event that it becomes necessary to reduce the number of employees in any classification for a period of sixteen (16) days or more, the following rules shall apply: a. a) The Department shall Company will determine the classification(s) number of affected employees, the affected classifications and the affected occupations b) Any employees who have not completed their probationary period will be laid off. c) The next employee to be laid off will be the most junior employee in the affected classification(s) Occupation. Seniority will be the major factor governing such layoffs, subject to the remaining employees being able to meet all the requirements of the remaining work. C. An employee who is laid off/bumped under section B shall be notified entitled to exercise their seniority to bump a more junior employee who is the most junior employee in another occupation, provided the employee is able to meet all of their potential layoff. the requirements of the remaining work D. An employee who is bumped/laid off under section C shall be given written notice of layoff as far entitled to exercise their seniority to bump a more junior employee who is the most junior employee in advance as possibleanother occupation, but not less than thirty (30) calendar days before provided the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, employee is able to meet all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse requirements of the greatest length of continuous state service. Any trial service remaining work An employee who is laid off shall under section D will not be placed able to exercise their seniority to bump another employee into the plant. In all cases of displacement, transfer or layoff due to lack of work it is understood that in claiming a job under section B, C, the employee must meet the requirements of that work in that Occupation in terms of quality and quantity within twenty (20) working days of training or such longer period as is mutually agreed. Notwithstanding the foregoing, the Local Vice President or Delegate shall be retained by the Company regardless of seniority as long as there is remaining work available for which they can meet all the requirements and provided there are other employees in the bargaining unit who have been retained to work in the office. E. When an employee fails on a displacement and is removed from the job then the displaced employee and any subsequent displaced employees in a particular "chain of displacements" will be returned to their former jobs. This will include extending recall opportunity to the last employee in the chain who may be out of the plant on layoff. F. Displacement Failures - Management agrees that an employee with established seniority who fails on a displacement may, only once in connection with circumstances flowing from an original removal due to lack of work, displace the shortest service employee in the lowest classification in the bargaining unit on whose job it is reasonable to expect that they will be able to meet the normal requirements of the work. G. Prior to a layoff either party may request to meet and discuss alternate solutions which, through compromise, provide a mutually satisfactory placement of those individuals laid off and which best suits the continued productivity of all areas concerned. If a mutual agreement is not reached on a compromise, the regular procedures outlined in Article 5 – Seniority will apply H. The Company will undertake the following in the situation where an employee's layoff is canceled or extended for more than 30 days: • In such cases an employee in process who bypassed this displacement opportunity as a result of the layoff listing will be granted a displacement interview on request. On the subject of temporary lack of work in an area, the parties agree to co-operate in alleviating the impact on the Department business. Employees and management will co-operate, and be creative should a circumstance arise, and implement measures such as: • loan out • training • update standards • vacation • other creative measures, etc. An employee may choose immediate layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration instead of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layofffollowing procedure set out above without losing their recall rights.

Appears in 1 contract

Sources: Collective Agreement

Layoff Procedure. A layoff A. Whenever the number of employees is defined as reduced within a separation from state service for involuntary reasons other than resignationclassification due to lack of funds, not reflecting discredit on an employee. For reduction in or lack of work, or abolition of a position, the purposes of layoff the Criminal Investigator and Criminal Financial Investigator layoffs shall be treated as one classification. The layoff procedure shall occur in conducted under the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their procedure recognizing seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positionsIn the event it becomes necessary to reduce staff, attrition will be used prior to a layoff of current employees. 2. Permanent part-In the event the individual whose position is eliminated is not the person with the least job classification seniority, that individual will be permitted to bump any less senior person in the job classification of layoff. The individual bumped may, in- turn, bump any person with less seniority in the job classification. 3. In the event an aide’s position is eliminated after the first month of the school year and after bidding has been completed, the aide will be offered an open position with the same scheduled hours/days of work. If no position is available (with the same hours/days) the aide will be used where needed until the time positionsa position is posted in accordance with this Agreement. Either instance will result in the employee maintaining their bumping rights until after the school year has ended and the aide shall not have their pay reduced. d. Regular status 4. The procedures with respect to seniority and probationary periods contained in Article 7, Seniority, will apply to displacements occurring as a result of layoffs. 5. Any further layoffs will follow the same procedure. 6. An employee bumped from their current position with no ability to displace another employee within their classification, may bump a less senior (system seniority) employee in any other classification for which they are qualified as determined by the qualifications listed on the job description. 7. For the purpose of layoff and bumping rights the following aides classifications will be considered as the same job classification: health aides, orthopedic aides, TV Center aides, educational aides, classroom aides, library aides, and bus aides. B. 1. Employees will be recalled in the reverse order of job classification seniority, according to the classification or class from which they were laid off. The Union president shall receive a list(s) of any employees shall be laid off on the basis and/or recalled. Any laid off employee shall maintain recall rights for a period of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) years from the date of layoff. During the two (2) year period no one will be hired or more promoted into a classification until all laid off employees have equal service creditin that classification are reinstated or decline the position when it is offered. Attempts will be made to notify laid off employees by telephone, then by registered mail. It is the order of layoff shall be employee's responsibility to keep a current telephone number and address on file in inverse the office of the greatest length Director of continuous state serviceClassified Personnel and Support Services. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration Employees bumped out of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.a

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignationA. The Personnel Manager may separate any employee or class of positions without prejudice, not reflecting discredit on an employee. For because of financial or economic condition of the purposes City, reduction of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationwork, or abandonment of activities. The layoff procedure City shall occur in the following manner: a. The Department shall determine the classification(s) affected and the give such employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not no less than thirty (30) calendar days before written notice of separation and the effective date, stating the reason(s) for the layoffreason thereof. The Department notice will be hand-delivered or sent by registered mail. However, no permanent full-time employee shall notifybe separated from a department while emergency, seasonal, and probationary personnel are employed and serving in writingthe same position in the department. B. In establishing the order of layoff of employees, all affected the retention of those employees determined to be the most qualified is of their concern and therefore, job performance will be considered. However, the principal criteria used in determining the order of layoff and bumping rights shall be seniority, time worked within a class within the City, provided the employee presently possesses the skills, abilities and qualifications to perform the job. The Department Furthermore, seniority shall notify govern unless the CIAfollowing criteria show that ability, in writing, merit and record of the seniority employees considered for layoff are not equal: 1. An employee's last four performance evaluations, if in existence; 2. Any history of all employees in all affected classificationsemployee written disciplinary actions; 3. Attendance record - tardiness and unexcused absences; 4. Safety record - vehicular and injury. b. All non-regular status employees/temporaries working C. In the event that a less senior employee in the affected classification(s) position in which a layoff may occur shall the classification to be terminated prior to laid off has superior skills, abilities, qualifications, merit and record, as determined by the actual layoff of trial service or regular status employees. A trial service Personnel Manager in the above manner, the more senior employee shall be laid off prior to off. ▇. ▇▇▇▇▇▇ of classification seniority shall be counted as all periods of time served as a probationary and permanent employee within a classification. a. The person who holds the layoff higher rank shall be the senior employee. b. If two persons are of any regular status equal rank, the one promoted first shall be the senior employee. c. Employees If two persons are promoted on the same day, the person in the higher band shall be the senior employee. If two persons are promoted on the same day and from within the same band, the person who had been senior prior to the promotion shall be the senior employee. d. Seniority as described in this section shall be effective for those promoted on or after January 1, 1993. Leave of absences will not be considered when determining seniority. E. Bumping Rights - A laid-off employee shall be entitled to bump to the next classification/rank down in accordance with the criteria specified in B 1-4 above. The laid- off employee must be physically and mentally able to perform the duties of the former class. No employee shall be transferred or demoted to a position for which they do not possess the minimum qualifications. F. After the City has notified the affected employee of the position available, if any, the employee must notify the Personnel Manager in writing of his/her intent to exercise the bumping rights within ten (10) calendar days, and the position and classification in the City to which he/she intends to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority in the class shall be bumped by the person who is laid off. The employee bumped shall be considered as laid off for the same reason as the person who bumped them and seniority calculated shall in the same manner be eligible to bump to the next classification/rank down in accordance with the criteria specified in B 1-4 above. G. An employee's appointment shall not be terminated as a result of a layoff before they have been made a reasonable offer of reassignment, if such an offer is immediately possible or available. Determination of a reasonable offer of reassignment and its availability will be made by the Personnel Manager. H. The names of permanent employees who have been laid off due to a reduction in force shall be placed on an appropriate re-employment list according to date separated and shall be eligible for re-employment. The last employee laid off shall be the first employee on the list, with other employees listed in sequential order thereafter. Each employee on a re-employment list shall remain on that list for one year, at which time the list expires unless extended by the Personnel Manager for a maximum of one (1) additional year. The employee first listed shall also be first considered should a vacancy occur within that classification. I. Names of laid-off employees on a re-employment list shall be removed under the following separate categoriesprovisions: 1. Permanent fullIf the employee is re-time positionshired by the City in the same classification. 2. Permanent part-time positionsIf the employee requests such removal in writing. d. Regular status employees shall be laid off 3. If the employee fails to respond within ten (10) calendar days upon receipt of notice of certification by the Personnel Manager to that last known address available. 4. If the employee refused an appointment to a position of the same classification. ▇. An employee who fails to respond in writing within ten (10) calendar days, refuses recall, or fails to report on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Articleprescribed date, classification seniority is defined waives all further right to recall and reinstatement as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or . K. A person appointed from a break in service which is defined as re-employment list must serve a separation or interruption of employment without pay of new probationary period if a recall from such list occurs more than one (1) yearyear after the effective date of layoff. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be A new probationary period in inverse of the greatest length of continuous state service. Any trial service employee who is laid off such circumstances shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffless than one year.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A Section 14.01 The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the employee's organization are to be given two weeks notice before such a layoff is defined to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two week period prior to the proper layoff action. Section 14.02 A demotion or transfer to another department may be made to prevent a separation from state layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. Section 14.03 In the event of a layoff, those employees with the least service for involuntary reasons other than resignationin the classification affected shall be laid off first; if a recall begins, not reflecting discredit on an employeethe most senior employees laid off in the classifications required shall be recalled first. For Strict application of seniority shall prevail unless exceptional circumstances occur of which the purposes concerned employee organization shall be fully apprised in advance. The order of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following mannerbe: a. The Department shall determine the classification(s) affected and the A. Temporary employees in the affected classification(s) classification shall be notified of their potential layoff. An employee removed first. B. Probationary employees in the affected classification shall be given written notice removed next. C. Exceptional circumstances may include the desirability of layoff as far maintaining a balanced department or work unit and maintaining employees in advance as possiblethe classification, but not department, or section who have the ability to perform the work available. Section 14.04 The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less than thirty overall City (30displacement seniority) calendar days before seniority provided it is in a position in which the effective dateemployee formerly held a regular appointment, stating or is qualified by education and/or experience, and is capable of performing the reason(s) duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for the layoff. The Department employee displaced shall notifybe considered as laid off for the same reason as the person who displaced the employee, and shall in writingthe same manner, all affected employees be eligible to displace to a position in a classification in which the employee formerly held a regular appointment or is qualified by education and/or experience, and is capable of their seniority. The Department shall notify performing the CIA, in writing, duties of the seniority of all employees in all affected classificationsclassification. b. All non-regular status employees/temporaries working in the affected classification(s) in which a Section 14.05 Failure to return to work from layoff may occur shall be terminated prior within 15 calendar days after notice to return by certified or registered mail to the actual layoff of trial service employee at his last known address on file with the City Human Resources Department or regular status employees. A trial service employee by personal delivery shall be laid off prior constitute the employee's waiver to the layoff of return to work and eliminates any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of future re- employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be responsibilities placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffCity.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A In the event a fiscal year budget is adopted by the Board of Commissioners which would result in the layoff is defined as a separation from state service for involuntary reasons other of more than resignationten (10) non-probationary, not reflecting discredit on an employee. For bargaining unit members, the purposes Employer and Union will meet to discuss alternatives to layoffs, such discussion to include the possibility of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationvoluntary days off without pay. The layoff provisions of the collective bargaining agreement shall prevail unless mutually agreed otherwise by the parties. The Employer may layoff employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a reduction in the work force due to a shortage of work or funds, the abolition of positions, material changes in departmental organization or for other reasons which are outside an employee's control. Whenever a reduction in the work force occurs, the following procedure shall occur in the following mannerbe utilized: a. The Department shall Employer will determine the classification(s) affected and being reduced within the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsindividual bargaining units. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall Thereafter employees will be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within in the following separate categoriesorder within each classification being reduced: 1. Permanent Temporary employees 2. Probationary employees 3. Part-time seniority employees 4. Full-time seniority employees No full-time positions 2. Permanent part-time positions d. Regular status seniority employees shall be laid off on from the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Articlebeing reduced while there are temporary, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary serviceprobationary, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service employees being retained in that classification within that individual bargaining unit. c. In the event the Employer deems it necessary to layoff full-time seniority employees the following procedure will be utilized: 1. When a specified classification within an individual bargaining unit within a separate Employer is being reduced, a classification seniority (as defined in Article IX, Section 1) comparison shall be credited on a prorated basis. If two (2) or more made of all employees have equal service credit, in the order affected classification and the employees with the least classification seniority at the time of layoff shall be laid off, providing the employees being retained are capable of performing the available work. It is understood by the parties that in inverse application of the greatest length of continuous state service. Any trial service employee who is this section laid off shall not employees in higher rated classifications within each separate bargaining unit will filter downward within that separate bargaining unit in line with their total seniority (as defined by Article IX, Section 1) into equal or lower rated bargaining unit classifications at the pay step giving the employee the least decrease in wages, and employees must be placed on capable of performing the Department available work. Filtering downward is by classification within the department, then by classification and seniority within the Employer. In no event will employees in lower rated classifications filter upward to positions in higher rated classifications. 2. However, when the need arises to layoff list but an employee serving a promotional trial period, such employee shall be restored to the eligible list job classification and department from which certification he/she was made if promoted, and the eligible list is still active. Restoration of the list layoff shall be for in the remaining manner prescribed above. Time served in the trial period of eligibility that existed at shall be credited as though served in the time of appointment from lower classification should layoff occur in the listlower classification. Regular status employees However, when the need arises to layoff an employee serving a lateral transfer trial period, such employee shall remain in the job classification and department to which he/she was laterally transferred, seniority permitting, and layoff shall be in the manner prescribed in subsection (c.1.) above. 3. If the above "filtering down" provisions result in a lower rated position being made available to the employee bumping down, said employee will be required to make a decision to accept the lower rated classification or be placed on layoff status and submit same to the Human Resources Department within one (1) working day of initial notification of pending layoff list from their current classification. 4. A supervisory, non-union, or exempt employee who had been promoted or transferred out of the bargaining unit prior to April 22, 1993 will retain bumping rights to the classification within the Employer he/she left to take said promotion or transfer, seniority permitting, in the event he/she is placed on layoff status or otherwise involuntarily reduced for other than disciplinary reasons. These bumping rights shall expire when the listed employee has been out of the bargaining unit for the length of his/her previous time spent in the bargaining unit (See Letter of Agreement). For this bumping purpose only, "seniority permitting" shall be defined as the previously accumulated seniority in the classification held at time (Chapter 01) or bargaining unit (Chapter 00) in which they are exercising their seniority rights provided he/she is capable of layoffperforming the available work. Subsequent to April 22, 1993, employees promoted or transferred outside the individual bargaining unit within that Employer will retain bumping rights to the classification within that Employer they left to take said promotion or transfer for a period of two (2) years or the length of their seniority, whichever is less.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A When it is determined by the University that bargaining unit employees must be laid off the following principles and procedures will be applied. Basic Principles In any layoff a surplus employee shall have the right to exercise his/her seniority to displace a more junior em- ployee under the following conditions: if he/she has less than one year’s seniority at the time of layoff or if the layoff is defined as a separation from state service to be for involuntary reasons other than resignationtwo weeks or less duration, not reflecting discredit on an employee. For may exercise his/her seniority rights only within his/her own Department; if he/she has one year’s seniority or more at the purposes time of layoff and if the Criminal Investigator and Criminal Financial Investigator shall layoff is to exceed two week’s duration, he/she may exercise his/her seniority rights in all Departments listed in Article of the Collective Agreement; to exercise seniority rights, the surplus employee must be treated capable of performing the work of the employee he/she replaces. Procedure An employee declared to be surplus (because has the least seniority in that classification) may “bump” the most junior employee in a lower classification within the same Group as one classificationdefined in Article (Wage Schedule), provided he/she is qualified to perform the work of the employee who is displaced. The layoff procedure shall occur junior employee who is displaced from the lowest classification in the following manner: a. The Group may, if his/her seniority per- mits, “bump” the junior employee in his/her Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible(Campus Engineering Services, but not less than thirty (30) calendar days before the effective dateResidence Operations, stating the reason(s) for the layoff▇▇▇▇▇▇ ▇▇▇▇▇▇ Centre, Parking or Physical Education). The junior surplus employee who is “bumped” out of a Department shall notify, may exercise his/her seniority to place a more junior employee in writing, all affected employees any other Department provided is qualified to perform the work of their senioritythe employee he/she displaces. The Department shall notify the CIA, in writing, of the junior employee whose seniority of all employees in all affected classifications. b. All non-regular status employeesand qualifications will not enable him/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior her to the actual layoff of trial service or regular status employees. A trial service “bump” another employee shall be laid off and shall have recall rights of a length as laid down in Article and Recall Employees with recall rights shall be considered in hiring for any vacancy for which they are qualified. Provided they are capable of performing the available work, employees having recall rights shall be con- sidered for such work in order of their seniority. This is the maximum number of weeks of pay actually paid at the date of termination. If prior written formal notice has been given, deduct weeks for each full month of notice provided to a maximum of 3 weeks months notice more). If a after notification and before APPENDIX C It is the University’s intention to meet with a small group of interested parties to determine if there is a need for Employee Assistance Program. One representative from each local will be included in this group. This group will research the services that are presently provided on campus and in the community to help the troubled employee with personal problems and look at programs at other institutions. If it is determined that such a program is required, a pro- posal will be prepared for presentation to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within Vice-Princi- pal (Human Services) requesting the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length implementation of an employee’s continuous service in Employee Assistance Program and suggesting the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service kind of program which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall should be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffconsidered.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A In the event certain bargaining unit positions are targeted for transfer or layoff, the Parties will attempt to reassign employees to other job classifications prior to utilizing the layoff is defined as a separation from state service for involuntary reasons other than resignationand recall procedure. A. These reassignments will be through the Classification Committee and may be outside the employees’ normal duties, provided they meet the minimum qualifications of the new assignment. Such reassignments will be offered by seniority within affected classifications. Reassigned employees not reflecting discredit on an employeeelecting to accept reassignment may pursue participation in the job-share program. For the purposes Layoff of layoff the Criminal Investigator and Criminal Financial Investigator employees not reassigned nor participating in job-share shall be treated as one classificationin accordance with the provisions of this Article. B. Seniority shall be used to determine the order of layoffs. The least senior employee in a position targeted for layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall the first to be given laid off. C. The Company will give two weeks written notice of layoff and provide a layoff allowance as far follows: D. The employee to be affected may, at the employee’s own discretion, replace another employee with less seniority in advance the same or lower classification within the Company, provided that the employee meets the minimum qualifications for that position. E. The Classification Committee shall determine the qualifications of employees. In the event the Classification Committee is unable to reach a decision within three working days, an impartial tiebreaker will be selected by the appropriate Division Vice President and the Union Business Manager or designees to make the final decision as possibleto an employee’s qualifications. F. The employee may seek job-share in lieu of a layoff as provided in Section 5.10 of this Agreement. However, but not less than thirty (30) calendar days before if no job-share opportunity can be identified within the effective date, stating notice period given to the reason(s) employee the employee shall be subject to layoff as scheduled. G. A laid-off employee shall have recall rights for the two years after layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, Union will be advised of the seniority recall and will have three business days to send notification of all employees recall to the employee. If the employee does not return within 14 calendar days of when notification was sent, or make alternative arrangements satisfactory to the Company, the Company will have fulfilled its obligations to the employee in all affected classificationsregards to recall from layoff. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial H. A recalled employee maintains his service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1date, as well as rate of pay. Permanent full2018-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.2023 Collective Bargaining Agreement

Appears in 1 contract

Sources: Collective Bargaining Agreement (Alaska Communications Systems Group Inc)

Layoff Procedure. A A. The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the employee’s organization are to be given two weeks notice before such a layoff is defined to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee(s) affected by the layoff during the two weeks period prior to the proper layoff action. B. A demotion or transfer to another department may be made to prevent a separation from state layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. C. In the event of a layoff, those employees with the least service for involuntary reasons other than resignationin the classification affected shall be laid off first; if a recall begins, not reflecting discredit on an employeethe most senior employees laid off in the classifications required shall be recalled first. For Strict application of seniority shall prevail unless exceptional circumstances occur of which the purposes concerned employee organization shall be fully apprised in advance. The order of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following mannerbe: a. The Department shall determine the classification(s) affected and the 1. Temporary employees in the affected classification(s) classification shall be notified of their potential layoffremoved first. 2. An employee Probationary employees in the affected classification shall be given written notice removed next. 3. Exceptional circumstances may include the desirability of layoff as far maintaining a balanced department or work unit and maintaining employees in advance as possiblethe classification, but not department, or section who have the ability to perform the work available. D. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less than thirty overall City (30displacement seniority) calendar days before seniority provided it is in a position in which he/she formerly held a regular appointment, or is qualified by education and/or experience, and is capable of performing the effective date, stating duties of the reason(s) classification. The employee with the least displacement seniority shall be displaced by the person scheduled for the layoff. The Department employee displaced shall notifybe considered as laid off for the same reason as the person who displaced him/her, and shall in writingthe same manner, all affected employees be eligible to displace to a position in a classification in which he/she formerly held a regular appointment or is qualified by education and/or experience, and is capable of their seniority. The Department shall notify performing the CIA, in writing, duties of the seniority of all employees in all affected classificationsclassification. b. All non-regular status employees/temporaries working in the affected classification(s) in which a ▇. ▇▇▇▇▇▇▇ to return to work from layoff may occur shall be terminated prior within 15 calendar days after notice to return by certified or registered mail to the actual layoff of trial service employee at his/her last known address on file with the City Human Resources Department or regular status employees. A trial service employee by personal delivery shall be laid off prior to constitute the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator waiver to return to work and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of eliminates any future re-employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be responsibilities placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffCity.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A A. When employees have equal seniority for retention in a class, the employee with the longest length of continuous service with the District since the employee’s last date of hire shall have the highest retention priority. B. ORDER OF LAYOFF: When layoff is defined as a separation from state service for involuntary reasons other than resignationnecessary, not reflecting discredit on an employee. For the purposes of employees are subject to layoff the Criminal Investigator by classification and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur by department in the following mannerorder: a. 1. Temporary employees shall be laid off in an order determined by seniority. 2. Probationary and provisional (acting) employees shall be laid off in an order determined by seniority. 3. Regular and promotional probationary employees shall be laid off in an order determined by seniority. C. SENIORITY LIST: Employees shall be subject to layoff as follows: 1. The Department shall determine the classification(s) affected and the names of all employees in the affected classification(s) a classification within a department shall be notified listed in order of their potential seniority according to the categories described above. The procedure described below shall be applied to each category in order until it is exhausted before moving to the next category. 2. If one layoff is to be made, the three (3) least senior employees shall be considered. If more than one layoff is to be made, the number of employees lowest in seniority equal to the number of layoffs plus two shall be considered. The General Manager shall base layoff decisions on seniority. 3. In order to avoid layoff, an employee laid off under the provisions of Section 10.02.C.2 above may, within three (3) working days of receiving the layoff notice, request demotion to a position in any lower classification within the same series, or in an equivalent series, or in any classification within the classified service in which the employee previously held regular status. An Whether to allow an incumbent to bump shall be based upon seniority. The decision must be recommended by the Human Resources/Risk and Safety Manager and approved by the General Manager. 4. In the case of any question as to the equivalency of classifications for purposes of Section 10.02.C.3 above, the decision of the Human Resources/Risk and Safety Manager is final. D. WRITTEN NOTICE OF LAYOFF: Any employee to be laid off shall be given written notice of layoff as far in advance as possible, but not less than thirty fourteen (3014) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff effective date of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of such layoff.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A layoff 1. Layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur reduction in the working force. 2. If a layoff becomes necessary the following mannerprocedures will be mandatory: a. The Department Layoffs, as required, shall determine be made within the classification(s) affected classifications in the affected department. b. Such reduction will be made in the first instance by terminating probationary and the temporary employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status c. If a further reduction in force is required, such reduction, in the case of seniority employees/temporaries working , will be made in inverse order of seniority within the affected classification in the affected classification(s) in which department, provided the employee has the current ability to do the available work, meet the qualifications and perform the duties of the job without a layoff may occur trial or training period. d. The President and Vice-President shall be terminated prior the last laid off within their department classification irregardless of their seniority in the classification. 3. When an employee is laid off, due to a reduction in the actual layoff of trial service work force, he or regular status employees. A trial service employee she shall be laid permitted to exercise his/her seniority rights to "bump" or replace an employee with less seniority in other classifications covered by this Agreement in the department from which the employee was laid-off prior only. Such employee may "bump" an employee in an equal or lower job classification, as determined by the maximum salary in the Wage and Increment Schedule, under the following conditions: a. He/she shall have seniority as required and as defined in Article 30, Seniority, of this Agreement. b. Current ability to do the layoff available work, meet the qualifications and perform the duties of any regular status employeethe job without a trial or training period. c. Employees An employee who qualifies for rights as set forth above, shall be laid off and seniority calculated within have the following separate categories: 1right to exercise such right or to accept layoff, by so notifying his/her Department Supervisor in writing. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse Failure of the greatest length of continuous state service. Any trial service affected employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed exercise such "bumping rights" at the time of appointment layoff, will result in forfeiture of "bumping rights" during the term of such layoff. 4. Employees to be laid off for an indefinite period of time will have at least seven (7) calendar days notice of such layoff. The Unit Chairperson shall receive a list from the listEmployer, of the employees being laid off, on the same date the notices are issued to the employees. 5. Regular status Employees in classifications covered by this Agreement who are laid off from their regular employment as a result of a reduction in force, will be given consideration, by interview, for hire into a like classification only, for which they qualify, when opportunity for such hire occurs in the department from which the employee was laid off. Like classification is hereby defined as a classification in which the employee was employed at the time of lay-off, or a classification for which the employee is qualified by virtue of his/her knowledge, skills and abilities, as determined solely by the Employer. 6. Employees selected pursuant to paragraph 5 who will then have seniority in the new classification in accordance with the provisions of "seniority defined" as outlined in Article 30, Seniority, of this Agreement. Such employees shall be placed on serve a ninety (90) day trial period, during which time the Department layoff list Employer may terminate the employee. Such termination by the Employer will not affect the former lay-off for seniority status of the classification held at time of layoffemployee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as Whenever in the judgment of the City Council or City Manager it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a separation from state service for involuntary reasons other than resignationposition no longer exists, not reflecting discredit on an employee. For the purposes City Council or City Manager may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationappeal. The City will notify association representatives, within a reasonable period of time, of any potential layoffs or work furloughs in order that potential alternatives to layoffs or work furloughs may be discussed and evaluated. In addition, the following layoff procedure shall occur procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the following manner:processing of layoffs. a. A. The Department City shall determine the classification(s) affected give employees proposed for layoff not less than 14 calendar days advance written notice of separation and the employees in the affected classification(s) shall be notified of their potential layoffreason therefor. An No regular full-time employee shall be given written notice of separated under the layoff as far procedure from a department while emergency, seasonal, probationary, part-time, provisional, or temporary employees are employed and serving in advance as possible, but not less than thirty (30) calendar days before the effective date, stating same classification in the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsdepartment. b. All non-regular status employees/temporaries working in the affected classification(s) in which B. In each class within a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status department, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as recommended by the department head and decided by the City Manager. In cases where there are two or more regular employees in the class from which the layoff is to be made, the following criteria are the determining factors: 1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: first, all employees having ratings of improvement needed; second, all employees having ratings of satisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding. 2. Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the basis job, amount of inverse classification seniority. For purposes of administering sick leave used during the layoff provisions of this Articleimmediate two past fiscal years, classification seniority is defined as the length of etc. C. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service's race, color, marital status, national origin, religion, sex, age, citizenship, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service physical handicap. D. An employee who is laid off shall turn in all City-owned equipment, including City identification card, and has cleared with the department head the disposition of any clothing, tools, or other working materials that have been provided by the City. The exit interview and appropriate forms shall be made available to employees prior to the layoff termination date. The City reserves the right to exercise all legal remedies available to recover City-owned property. E. Employees shall not be terminated as a result of a layoff before they have been made a reasonable offer of reassignment if such offer is immediately possible. F. An employee designated to be laid off may bump into any vacant position available in the same class elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the City, and provided that the employee notifies the City Manager in writing of the employee's intent to exercise the bumping rights at least 10 calendar days prior to the proposed layoff effective date; otherwise, bumping rights shall be waived and barred to the employee. Thereafter, an employee may bump into any previously held position in the City provided the conditions noted above are met. An employee who is bumped shall be laid off according to the procedures outlined in this section and shall be considered laid off for the same reason as the person bumping and shall in the same manner be eligible to bump to a position in a class within the City in which the employee formerly held a regular position. Employees who have bumped down to a lower class due to a reduction in force shall not be laid off from the lower class until all employees in the lower class, not previously affected by a layoff, have been laid off. G. The intent of this paragraph is to avoid use of the layoff procedure by providing for voluntary transfers prior to layoffs. An employee in a classification in which a position has been designated for elimination may request a transfer to a vacant position in the same or a lower classification for which the employee is qualified. Such transfer shall be subject to approval by the City Manager. In cases where the transfer was necessitated by said proposed job elimination, the service time in the position to which the employee has transferred shall be credited to service time in the position from which the employee transferred. The salary step and range assigned to the transferred employee shall be in accordance with the City Personnel Manual and the salary plan. H. The City Manager may approve the appointment of an employee who is to be laid off to an existing vacancy in a lower class for which the employee is qualified without requiring an examination, provided the department head so recommends. I. The names of regular employees who have been laid off or bumped down due to reduction in force shall be placed on the Department an appropriate layoff reemployment list but according to date separated or bumped down and shall be restored eligible for reemployment. The last employee laid off or bumped down shall be the first employee on the list, with other employees listed in sequential order thereafter. Each employee on the layoff reemployment list shall remain on that list for 1 year, at which time the list expires unless extended by the City Manager. Names of employees not responding to written notification of an opening within 10 working days shall be removed from the reemployment list. The City Manager can extend the active period of the reemployment list or individual employee's eligibility on such list for a 6-month period as determined to be in the best interests of the City. J. Notice of recall from layoff shall be by return-receipt-requested mail and shall specify the date for reporting to work, which shall not be more than 21 calendar days from the date the notice is received. Notice shall be deemed to have been received when sent to the eligible last known address on file with the City and attempted delivery or delivery is certified by the Postal Service. Upon receiving notice, the person on layoff shall have 5 calendar days to accept or decline the recall opportunity. An employee who fails to respond within the 5 calendar days, refuses recall, or fails to report on the prescribed date within the 21 calendar days maximum thereby waives all further right to recall and reinstatement as an employee. Where recall is declined, the City will proceed to the next name on the reemployment list from which certification was made if and follow the eligible same notice and response procedure. This process will continue through the list until recall needs are met on the list or the list is still activeexhausted. K. A person appointed from a reemployment list must serve a new probationary period if recall from such list occurs more than 90 calendar days after the effective date of layoff. Restoration The new probationary period in such circumstances shall be 6 months. L. Reemployed employees shall receive the following: 1. Retention of full-time service seniority accrued at the date of layoff. 2. The salary for the classification in effect as of the list shall be date of return, at the same step as the date of layoff. 3. The accrual rate of vacation and sick leave in effect for the remaining period of eligibility that existed employee's seniority level and class at the time of appointment from rehire. 4. All the list. Regular status employees benefits or programs in effect at the time of layoff shall be placed on the Department layoff list for forfeited unless they are still applied to the classification held or salary range at the time of rehire or provided to new hires as of that date. M. An employee who elects to resign in lieu of layoff, or while laid off, shall forfeit all rights to reemployment and is entitled only to those rights related to severance from City employment.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A Those employees laid off will have the option of: Taking a layoff without severance pay, subject to or Terminating employment with the Company and taking the severance pay, subject to or Exercising seniority rights by bumping the least senior employee in a classification providing such employee has the ability to perform the job he is defined bumping into. Employees indirectly affected as a separation from state result of other employees bumping will have the options outlined in above. Those employees who after the application of all seniority provisions of this agreement would other- wise be laid off will have the option as indicated in above. The following clause deals with the calculation and entitlement to severance pay in the event of layoff: Should the Company lay off employees for an indefi- nite period as specified below in this article, then those employees laid off will be eligible for a severance pay- ment of three (3) hours pay per month of service at the employee’s regular rate of pay up to a maximum of four hundred (400) hours provided that employees accept the severance as final termination of employment with the Company and will not be eligible for involuntary reasons other than resignationany recall rights under the Collective Agreement. If at the time of layoff, not reflecting discredit on an employee. For no return to work date is given, then the purposes employees laid off are eligible for severance at the time of layoff notice. If the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less return to work date is greater than thirty (30) calendar cal- endar days before from the effective datedate of layoff, stating then the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without are eligible for severance pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from lay- Off. If while on layoff, the list. Regular status total number of calendar days laid off exceeds thirty (30) in the preceding months the employees shall be placed on entitled to severance pay. ARTICLE APPRENTICESHIP TRAINING Purpose The purpose of this program is to improve the Department layoff list for knowl- edge and skills of persons employed as apprentices by (1977) Training will be conducted in accordance with the classification held at time requirements of layoff.the Alberta Manpower Development Act. Potential Apprenticeship Trades The trades where employees may be apprenticed are as follows: Heavy Duty Mechanic Year Program Electrical Year Program Millwright Year Program Instrumentation Year Program Light Duty Mechanic Year Program Welder Year Program Candidate Selection

Appears in 1 contract

Sources: Collective Agreement

Layoff Procedure. A layoff is defined as In the event of any reduction of workforce in a separation from state service for involuntary reasons other than resignationdepartment, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall procedure below will be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees followed: Probationary associates in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working jobs in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee department shall be laid off first, and then associates working on affected temporary jobs in the department. In the event there is a reduction of workforce, a Group Leader may be bumped by any associate qualified to perform the duties of their job, in accordance with Article V, Section 6.10. 6.2 The Supervisor will designate the jobs in each job classification to be closed. 6.3 The Company will prepare a Tentative Layoff List and will notify the associates affected and the appropriate Union officers not less than the tenth working day prior to the any layoff of any regular status employeeassociates who have passed their probationary period. c. Employees 6.4 The Tentative Layoff List shall contain the names of the associates designated for layoff. Such tentative list shall serve as notice to junior associates of the possibility of layoff. A Final Layoff List will be prepared listing the associate(s) actually laid off from the department and will serve as a basis for the Department Layoff List. If a layoff is canceled, it shall not be reinitiated except by following the complete procedure of this Section. 6.5 Sections 6.6, 6.7, and 6.10 do not apply to Apprenticeable Craft job classifications. 6.6 In selecting the associates to be designated for layoff, under Section 6.3, all trainees will be laid off and seniority calculated from that job classification before qualified associates are laid off from that job classification. The least senior trainee in a job classification will be laid off. Trainees who develop the Core Qualifications to be within two labor grades of the following separate categories: 1top rate will be considered qualified. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall Among qualified associates, least senior associates will be laid off first. Except as specified above, the least senior associates will be designated for layoff. 6.7 An associate designated for layoff may exercise his seniority bump rights to displace the least senior associate in his own job classification on any shift provided he is qualified; or, if qualified, he may displace the basis of inverse least senior associate in any other job classification seniority. For purposes of administering on any shift within the layoff department and within the provisions of this ArticleSection. After an associate has exercised his bump rights within his department, such associate may exercise his right to bump an associate with less seniority in any other classification seniority is defined as on any shift throughout the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary servicePlant, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) yearif qualified. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.There is

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined A. If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of funds, lack of work, by reasons of decreased enrollment of pupils, return to duty of regular employees after leave of absence, by reason of suspension of schools or territorial changes affecting the District, or other reasons as a separation from state service for involuntary reasons other than resignationdetermined by the Administration and/or Board, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential procedure may govern such layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the B. Whenever it becomes necessary to lay off employees by reasons as stated above, affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on according to seniority within the basis of inverse classification seniorityclassification, with the least senior employee laid off first. For purposes of administering the layoff provisions of this Article, classification seniority is Seniority shall be defined as the length of an employee’s continuous service with the Board in a particular job classification computed from the original date of hire or appointment to their present classification. In the cases of identical seniority, the employee who was first hired by the Board shall be deemed to possess more seniority. Employees who have previously worked in a different classification(s) within the District shall have the right to bump the least senior employee in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break prior classification(s). Any employee displaced from the maintenance classification may displace the least senior employee in service which is defined as a separation or interruption of employment without pay of more than one (1) yearthe custodial classification. Any employee displaced from the bus mechanic classification may displace the least senior employee in the bus driver classification. All part-time service classified (SERS) employees are included in the seniority list based on their previous experience in classifications. C. The classifications in the District are as follows: 1. Custodian 2. Maintenance 3. Bus Driver 4. Bus Mechanic 5. Secretary 6. Aide (Media) 7. Aide (Study Hall, Teacher) 8. Aide (with 2, 4 year certificate) 9. Cook D. The Board shall determine in which classifications the layoff should occur and the number of employees to be laid off. In the classifications of layoff, employees who possess limited contracts shall be credited on laid off before any employee in the classification employed under a prorated basis. If two (2) or more employees have equal service creditcontinuing contract is laid off. E. Prior to the effective date of layoffs, the order of layoff Board shall prepare and post for inspection in a conspicuous place a list containing the names, seniority dates and classification, and indicate which employees are to be in inverse of the greatest length of continuous state servicelaid off. Any trial service Each employee who is to be laid off shall not be placed given advance written notice of the layoff. F. For the classifications in which the layoffs occur, the Board shall prepare a reinstatement list and shall place employees on the Department reinstatement list in reverse order of layoff. Reinstatement shall be made from this list before any new employees are hired in the classification. G. Employees whose names appear on the reinstatement list shall have a right to be recalled to vacancies which occur in the classification of layoff on the basis of classification seniority before other persons on the list may be considered. If a vacancy occurs for which there are no names on the layoff list but in the classification of layoff, persons on the reinstatement list shall have a right to be recalled to these other positions on a District-wide seniority basis if they are determined to be qualified for the vacant position by the Administration. The positions shall be restored to offered in writing and must be accepted or rejected by the eligible list from which certification was made if the eligible list is still active. Restoration employee in writing within five (5) days of the offer. Any employee on the reinstatement list who declines reinstatement shall be removed from the reinstatement name list. H. The employee's name shall remain on the reinstatement name list for the remaining a period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.eighteen months

Appears in 1 contract

Sources: Classified Agreement

Layoff Procedure. A permanent employee subject to layoff is defined as a separation from state service will be placed using the following procedures in the order set out below: (a) An employee will first be offered any available permanent vacancy for involuntary reasons other than resignation, not reflecting discredit on an employee. For which the purposes of layoff employee has the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationrequired qualifications. The layoff procedure shall occur employee will have a maximum of seven (7) calendar days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year. (b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 9.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the following manner:position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position. a. The Department shall determine (c) If there are no vacancies for which the classification(s) affected employee has the required qualifications, or if available, the employee does not accept the vacancy and the employees Employer does not exercise its right under Clause 9.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications. (d) This process will continue in order of seniority until each permanent employee subject to layoff obtains a position for which they are qualified or it is determined there are no positions available for which the affected classification(s) shall be notified of their potential layoffemployee is qualified. An If the employee does not select a position for which they are qualified, the employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationslaid off. b. All non-regular status employees/temporaries working in (e) If the affected classification(s) in which a layoff may occur shall be terminated prior to employee is not placed through the actual layoff of trial service or regular status employees. A trial service above procedures, the employee shall be laid off prior pursuant to the layoff of any regular status employeeClause 9.03. c. (f) If an employee is placed through any of the above procedures, the posting provisions under Clause 8.01 will not apply. (g) Term Employees in the same work area and who spend the majority of their time performing the same work as the employee subject to layoff will be terminated before the permanent employee is laid off (h) The procedures set out above in (a) through (g) shall be laid off and seniority calculated completed within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.thirty

Appears in 1 contract

Sources: Collective Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s employee‟s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. 10.1 A layoff is defined for the purpose of this Article shall be considered as an involuntary separation of a permanent or probationary classified employee from active service due to lack of funds and/or lack of work as a separation from state result of a bona fide reduction or elimination of the service for involuntary reasons other than resignationperformed by any department or when reemployment, not reflecting discredit on reassignment or displacement (bumping rights of an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator ) cause such an action. 10.2 Layoffs shall be treated as one classification. The layoff procedure shall occur conducted on a District-wide basis in reverse order of seniority in the following manner:job classification in which the layoff occurs. a. 10.2.1 The Department shall determine employee who has been employed the classification(s) affected and the employees shortest time in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee class plus higher classes shall be laid off first. 10.2.2 Employees hired prior to July 1, 1999 shall have their seniority based on the layoff number of any regular status employeehours in each classification. Seniority for employees hired on or after July 1, 1999 shall be based on date of hire. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. 10.2.3 If two (2) or more employees subject to layoff have equal service creditseniority, the order determination as to who shall be laid off shall be made on the hire date seniority with the employee hired first being retained and if that is equal, the determination shall be made by lot. 10.3 When a layoff of classified employees is anticipated by the administration at least ten (10) working days advance written notice shall be given to CSEA prior to the time the Board acts upon the matter. With such notification, the District will provide CSEA with an updated seniority roster for all classifications affected by the anticipated layoff, a list of positions to be eliminated and any documents supporting the need for layoff. 10.3.1 The District and CSEA shall meet following the receipt of such initial notice to negotiate the impact (effects) of the layoff beyond the provisions of this Article. Failure by the District to comply with California Education Code provisions pertaining to layoff shall be grievable. 10.3.2 After a Board action has been taken on a layoff, a written notice of layoff shall be in inverse sent by certified mail to affected employees to their last address given to the District no less than sixty (60) calendar days prior to the effective date of layoff. A termination interview with the Superintendent or designee may be scheduled during normal working hours if requested by the employee. A copy of each notice shall be concurrently sent to the President of the greatest length CSEA local chapter or designee; such notice shall indicate the layoff effective date and inform the employee of continuous state service. Any trial service his/her displacement rights, if any, and reemployment rights. 10.4 Prior to the effective date of layoff, employees may challenge their place on the seniority roster by making objections to the Superintendent or designee who shall review the objections and conduct an audit, if requested and make the results of such audit known to CSEA and the employee(s) prior to the effective date of any layoff(s) involving such employee(s). 10.5 Displacement (“Bumping”) Rights 10.5.1 A permanent or probationary employee who is laid off from a classification and who has previous service in a lateral or lower classification shall have the right to displace (bump) an employee with less seniority in the classification previously held by the laid off employee. Laid off employees shall not be placed on compelled to accept a vacant position. 10.5.2 Seniority for the Department purpose of bumping shall include the total of the previous service in the lateral or lower classification plus service in the classification from which layoff list but occurs and in higher classification(s). In order to exercise his/her bumping rights, the employee must notify the District within ten (10) working days of receipt of the layoff notice. 10.5.3 A permanent or probationary employee who has been laid off for lack of work or lack of funds and who has no bumping rights, or does not wish to exercise his/her bumping rights, shall be restored granted a voluntary demotion to a vacant position in a lower classification or transfer to an equal classification provided that the eligible list from which certification was made if employee is qualified to perform the eligible list is still activeduties thereof. Restoration of the list Such employee shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffmaintain his/her reemployment rights as defined in this Article.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A a. Journeymen/women in each skilled trade’s classification in each plant shall constitute a separate non-interchangeable seniority group. Such employees who are laid-off from their classification (except Leaders whose layoff is defined detailed in b.) in accordance with their seniority within the group will have their seniority status checked on a site-wide basis and will displace employees with less seniority working in the same classification within five (5) working days from the date of the employee's layoff. Journeymen/women employees laid-off from their skilled trades classification will be placed on non-skilled trades classifications in accordance with Paragraphs 1, 2, 3 and 4 of Section 3, or will be given the option to waive their rights to such job assignment. Such option must be in writing on forms available at the plant. It is understood that any journeyman/woman who elects to waive their right to an unskilled job in line with their seniority will not be re-employed until work is available in the skilled trades classification in which the employee was employed at the time the employee exercised the option. At such time as work is available in that classification, the employee will be recalled in line with the employee’s seniority. However, after six (6) months the employee may revoke the employee’s waiver and will be rehired in line with the employee’s site-wide seniority to fill a job opening created by the need for more employees at the site, provided the employee is capable of doing the work. b. Employees classified Tool & Die Maker Team Leader and Maintenance Team Leader as of the effective date of this Agreement shall have as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur seniority date in the following manner:classification the date of their skilled trades seniority. Employees transferred to these classifications after the effective date of this Agreement shall have as a seniority date in the classification the date of their entry into the Team Leader classification for a period of six (6) months. After six (6) months, they shall have as a seniority date the date of their skilled trades seniority. Employees in each Team Leader classification in each plant shall constitute a separate non-interchangeable occupational seniority group. Employees will be laid-off from their classification in line with their date of entry or seniority within their core trade classification on a site-wide basis. Leaders who are laid-off from their seniority group will have their seniority checked on a division-wide basis among other Leaders of the same classification and will displace the youngest employees working as soon as possible and in any event within five (5) working days from the employee’s layoff. Employees so displaced from the Leader classifications will be returned to their skilled trades classification in accordance with their seniority status as established by the National Agreement. Their status for layoff will then be under the provisions of Paragraph F.1.a. above. a. The Department shall determine c. Employees-In-Training in skilled trades classifications will be listed by classification in each separate plant; however, in the classification(s) affected and the event of a layoff, they will be placed on a site-wide basis among employees in the affected classification(ssame status in the same classification in line with their date of entry. Such placement will be made within five (5) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar working days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse date of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of employee's layoff.

Appears in 1 contract

Sources: Local Agreement

Layoff Procedure. Section 1. When the Agency declares that a lack of funds necessitates a layoff, the Parties will meet, at the request of either Party, to consider alternatives to layoffs such as: voluntary reduction of hours, voluntary paid leave of absence, other voluntary programs and/or temporary interruptions of employment. Such alternatives shall be subject to mutual agreement of the Parties. In the absence of such mutual agreement, the Agency may implement layoff procedures consistent with this Agreement. The Parties agree all discussions that take place under this section are not bargaining and do not require the use of dispute resolution procedures contained in the PECBA. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of a pending layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reason for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeesSection 2. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority service credits calculated within the following separate mutually exclusive categories: a. Full-time, b. Part-time (including job share). a. Layoff shall be by classification and geographic as defined in Section 11 of this article. The affected geographic area, functional units and classifications shall be identified by the Agency and provided to the Union thirty (30) days prior to the layoff being declared. Order of layoff within the designated classification, functional unit, and geographic area shall be determined by identifying the required number of positions with the lowest service credit. 1. Permanent full-Effective upon layoff, the Agency will terminate temporary employees who are filling vacant positions in the affected classification and functional unit and include those vacant positions as available zero service credit positions during the process in Section 5 of this article. Temporary employees who are backfilling employees on long term leave may be displaced by full time positionsemployees who are laid off and elect to accept temporary employment. Full time employees who are on Job Rotation or Work Out of Classification assignments behind vacant positions will be returned to their permanent position if another employee exercises their option in lieu of layoff to the vacant position which would be designated as having zero service credits. If full time employees are backfilling another person on long term leave then the original employee’s service credits shall apply to the position. 2. Permanent part-time positionsPrior to implementing layoffs, the Agency will notify all employees in the affected geographic area of the impending layoffs and solicit volunteers to elect to be laid off; volunteers will be solicited in numbers equal to those positions being laid off by classification. If more employees in a specific classification volunteer than are required, layoff will be granted by seniority with the higher seniority prevailing. d. Regular status employees 3. Employees laid off in a specific section or program within one or more functional units shall be laid off on notified fifteen (15) days prior to the basis date designated to declare options in lieu of inverse layoff under Section 5 of this article. Simultaneously, the Agency will notify an equivalent number of least service credit employees in the same classification seniorityat that worksite of the potential they may be bumped and should begin exploring possible options in lieu of layoff applicable under Section 5 of this article. 4. For purposes If the Agency is ‘deactivating’ or closing a functional unit it shall notify all employees within that functional unit thirty (30) days prior to the date designated to declare options in lieu of administering layoff under Section 5 of this article. Simultaneously, the Agency will notify an equivalent number of least service credit employees in the same classifications within the Geographic Area of the potential they may be bumped and should begin exploring possible options in lieu of layoff as may or may not be applicable under Section 5 of this Article. 5. All impacted employees will be given an opportunity to meet with the Agency and Union and will be provided information regarding the layoff provisions process and their rights including but not limited to: a copy of this Article, classification seniority an explanation of their options in lieu of layoff, the specifics of the layoff and recall process, various options when applying for the layoff list, other information regarding the administration of the lists, unemployment and other relevant subjects. b. If an employee is defined as underfilling a position, the length of an employee’s continuous service employee will be considered in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which higher classification for the purposes of this Article. c. If it is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If found that two (2) or more employees in the Agency in which the layoff is to be made have equal service creditcredits, the order of layoff shall be in inverse order of the greatest length of continuous state State service. d. If ties between employees still exist, the order of layoff shall be determined by using a lottery process as a final tie breaker to determine the order of layoff. Any trial service The lottery process will include the following elements: 1. Agency and Union representatives will be present to witness the lottery process. 2. A double blind selection process will be used. There will be one container with employee who is laid off names and another container with the number of employees in the first container or drawn at that time. 3. Simultaneously, one (1) representative shall not be placed on pull names and another representative will pull numbers. 4. Service credit score ties broken through this double blind process shall result in employees being added to the Department layoff list but shall be restored to in inverse order from one (1) through the eligible list from which certification was made if the eligible list is still activelast number drawn. 5. Restoration The results of the list above lottery process shall also be for used to determine the remaining period order of eligibility that existed at the time of appointment recall from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffthose employees.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff 1. Layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur reduction in the working force. 2. If a layoff becomes necessary the following mannerprocedures will be mandatory: a. The Department Layoffs, as required, shall determine be made within the classification(s) affected classifications in the affected department. b. Such reduction will be made in the first instance by terminating probationary and the temporary employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status c. If a further reduction in force is required, such reduction, in the case of seniority employees/temporaries working , will be made in inverse order of seniority within the affected classification in the affected classification(s) department. 3. When an employee is laid off, due to a reduction in which a layoff may occur the work force, he or she shall be terminated prior permitted to exercise his/her seniority rights to "bump" or replace an employee with less seniority in classifications covered by this Agreement in the actual layoff department from which the employee was laid-off only. Such employee may "bump" an employee in an equal or lower job classification under the following conditions: a. He/she shall have seniority as required and as defined in Article 32, Seniority, of this Agreement. b. Current ability to do the available work, meet the qualifications and perform the duties of the job without a trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employeetraining period. c. Employees An employee who qualifies for rights as set forth above, shall be laid off and seniority calculated within have the following separate categories: 1right to exercise such right or to accept layoff, by so notifying his/her Department Supervisor in writing. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse Failure of the greatest length of continuous state service. Any trial service affected employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed exercise such "bumping rights" at the time of appointment layoff, will result in forfeiture of "bumping rights" during the term of such layoff. 4. Employees to be laid off for an indefinite period of time will have at least seven (7) calendar days notice of such layoff. The Unit Chairperson shall receive a list from the listEmployer, of the employees being laid off, on the same date the notices are issued to the employees. 5. Regular status Employees in classifications covered by this Agreement who are laid off from their regular employment as a result of a reduction in force, will be given consideration, by interview, for hire into a like classification only, for which they qualify, when opportunity for such hire occurs in the department from which the employee was laid off. Like classification is hereby defined as a classification in which the employee was employed at the time of lay-off, or a classification for which the employee is qualified by virtue of his/her knowledge, skills and abilities, as determined solely by the Employer. 6. Employees selected pursuant to paragraph 5 who will then have seniority in the new classification in accordance with the provisions of "seniority defined" as outlined in Article 32, Seniority, of this Agreement. Such employees shall be placed on serve a ninety (90) day trial period, during which time the Department layoff list Employer may terminate the employee. Such termination by the Employer will not affect the former lay-off for seniority status of the classification held at time of layoffemployee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A In the event of layoff, the Employer shall lay off Employees in the reverse order of their seniority within their classification, provided that there remains on the job Employees who have the ability and qualifications as required by law to perform the work. An Employee who is subject to layoff shall have the right to either: accept the layoff; or displace an Employeewho has lesser bargaining unit seniority and who is the least senior Employee in a lower or identical paying classification in the bargaining unit if the Employee originally subject to layoff is defined qualified, as a separation from state service required by law, for involuntary reasons and can perform the duties of the lower or identical paying classification without training other than resignation, not reflecting discredit on an employeeorientation. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator Such Employees so displaced shall be treated laid off. An identical paying classification shall any classification where the straight time hourly wage rate at the level of service corresponding to that 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 classification as one classificationdefined 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 straight time hourly rate at the level of service corresponding to that of the laid off Employee is within of the laid off Employee’s straight time hourly rate provided he is qualified for and can perform the duties without training other than orientation. Such Employee so displaced shall be laid off. The layoff procedure shall occur in decision of the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee Employee to choose or above shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior writing to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated Administrator within the one calendar week following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.the

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined After the Board has determined the number of positions to be filled within the District, the District will give five (5) days’ notice to those employees whose positions will be eliminated or whose hours or months will be reduced. The affected employees will have the option of retaining the position as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For changed or taking the purposes position of layoff the Criminal Investigator least senior employee which would allow the employee to maintain his/her status quo (status quo shall mean the same shift and Criminal Financial Investigator shall be treated as one same hours) in that job classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected job classifications are identified as Lead Mechanical/Electrical Technician, Mechanical/Electrical Technician, Utility/Maintenance Worker, Groundskeeper, General Laborer and the Custodian. Affected employees in the affected classification(s) shall be notified of their potential layoffallowed to bump less senior employees (by District seniority) in equal or lower classifications to positions for which they are qualified. As determined by the District, qualified shall mean having demonstrated skills and required qualifications and experience to perform the job. The District shall provide an explanation if the person is determined to be not qualified. An employee who has exercised his/her bumping rights shall serve a probation period of three (3) months. An employee who does not successfully complete this probation period shall be laid off and shall remain on the recall list for the portion of his/her twelve (12) months remaining at the time the bumping was exercised. The last employee laid off in any given written notice classification shall be the first employee to be returned to any opening later created in that classification for a period of one (1) calendar year from the date of layoff as far if the employee is available for work. Bargaining unit members will not be laid off while a specially funded ad hoc program employee is employed in a position performing basically the same duties. If advance as possibleinformation is available, but not less than thirty (30) calendar days before the effective dateDistrict will attempt to make necessary reductions via attrition. Employees on layoff status shall file their mailing address, stating e-mail address and phone number with the reason(s) for Human Resources Department of the layoff. The Department District and shall notify, in writing, all affected employees of their seniority. The Department shall notify thereafter promptly advise the CIADistrict, in writing, of the seniority of all employees any change in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeescontact information. A trial service An employee shall be laid off prior forfeit all rights to re-employment with the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made District if the eligible list is still active. Restoration employee does not comply with the requirement to provide a current mailing address and phone number or if the employee does not accept the offer of re-employment with the list shall be for the remaining period District within five (5) working days of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffnotification.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedure. A Section 14.01 The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the employee's organization are to be given two weeks notice before such a layoff is defined to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two week period prior to the proper layoff action. Section 14.02 A demotion or transfer to another department may be made to prevent a separation from state layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. Section 14.03 In the event of a layoff, those employees with the least service for involuntary reasons other than resignationin the classification affected shall be laid off first; if a recall begins, not reflecting discredit on an employeethe most senior employees laid off in the classifications required shall be recalled first. For Strict application of seniority shall prevail unless exceptional circumstances occur of which the purposes concerned employee organization shall be fully apprised in advance. The order of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following mannerbe: a. The Department shall determine the classification(s) affected and the A. Temporary employees in the affected classification(s) classification shall be notified of their potential layoff. An employee removed first. B. Probationary employees in the affected classification shall be given written notice removed next. C. Exceptional circumstances may include the desirability of layoff as far maintaining a balanced department or work unit and maintaining employees in advance as possiblethe classification, but not department, or section who have the ability to perform the work available. Section 14.04 The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less than thirty overall City (30displacement seniority) calendar days before seniority provided it is in a position in which he/she formerly held a regular appointment, or is qualified by education and/or experience, and is capable of performing the effective date, stating duties of the reason(s) classification. The employee with the least displacement seniority shall be displaced by the person scheduled for the layoff. The Department employee displaced shall notifybe considered as laid off for the same reason as the person who displaced him, and shall in writingthe same manner, all affected employees be eligible to displace to a position in a classification in which he/she formerly held a regular appointment or is qualified by education and/or experience, and is capable of their seniority. The Department shall notify performing the CIA, in writing, duties of the seniority of all employees in all affected classificationsclassification. b. All non-regular status employees/temporaries working in the affected classification(s) in which a Section 14.05 Failure to return to work from layoff may occur shall be terminated prior within 15 calendar days after notice to return by certified or registered mail to the actual layoff of trial service employee at his last known address on file with the City Human Resources Department or regular status employees. A trial service employee by personal delivery shall be laid off prior constitute the employee's waiver to the layoff of return to work and eliminates any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent fullfuture re-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be responsibilities placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffCity.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedure. A layoff is defined as Whenever in the judgment of the City Council or City Manager it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a separation from state service for involuntary reasons other than resignationposition no longer exists, not reflecting discredit on an employee. For the purposes City Council or City Manager may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationappeal. The City will notify association representatives, within a reasonable period of time, of any potential layoffs or work furloughs in order that potential alternatives to layoffs or work furloughs may be discussed and evaluated. In addition, the following layoff procedure shall occur procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the following manner:processing of layoffs. a. A. The Department City shall determine the classification(s) affected give employees proposed for layoff not less than 14 calendar days advance written notice of separation and the employees in the affected classification(s) shall be notified of their potential layoffreason therefor. An No regular full-time employee shall be given written notice of separated under the layoff as far procedure from a department while emergency, seasonal, probationary, part-time, provisional, or temporary employees are employed and serving in advance as possible, but not less than thirty (30) calendar days before the effective date, stating same classification in the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsdepartment. b. All non-regular status employees/temporaries working in the affected classification(s) in which B. In each class within a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status department, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as recommended by the department head and decided by the City Manager. In cases where there are two or more regular employees in the class from which the layoff is to be made, the following criteria are the determining factors: 1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: first, all employees having ratings of improvement needed; second, all employees having ratings of satisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding. 2. Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the basis job, amount of inverse classification seniority. For purposes of administering sick leave used during the layoff provisions of this Articleimmediate two past fiscal years, classification seniority is defined as the length of etc. C. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service's race, color, marital status, national origin, religion, sex, age, citizenship, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service physical handicap. D. An employee who is laid off shall not receive a final pay check until the employee has turned in all City-owned equipment, including City identification card, and has cleared with the department head the disposition of any clothing, tools, or other working materials that have been provided by the City, and has completed all exit interviews and forms which may be required by the City. The exit interview and appropriate forms shall be made available to employees prior to the layoff termination date. E. Employees shall not be terminated as a result of a layoff before they have been made a reasonable offer of reassignment if such offer is immediately possible. F. An employee designated to be laid off may bump into any vacant position available in the same class elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the City, and provided that the employee notifies the City Manager in writing of the employee's intent to exercise the bumping rights at least 10 calendar days prior to the proposed layoff effective date; otherwise, bumping rights shall be waived and barred to the employee. Thereafter, an employee may bump into any previously held position in the City provided the conditions noted above are met. An employee who is bumped shall be laid off according to the procedures outlined in this section and shall be considered laid off for the same reason as the person bumping and shall in the same manner be eligible to bump to a position in a class within the City in which the employee formerly held a regular position. Employees who have bumped down to a lower class due to a reduction in force shall not be laid off from the lower class until all employees in the lower class, not previously affected by a layoff, have been laid off. G. The intent of this paragraph is to avoid use of the layoff procedure by providing for voluntary transfers prior to layoffs. An employee in a classification in which a position has been designated for elimination may request a transfer to a vacant position in the same or a lower classification for which the employee is qualified. Such transfer shall be subject to approval by the City Manager. In cases where the transfer was necessitated by said proposed job elimination, the service time in the position to which the employee has transferred shall be credited to service time in the position from which the employee transferred. The salary step and range assigned to the transferred employee shall be in accordance with the City Personnel Manual and the salary plan. ▇. The City Manager may approve the appointment of an employee who is to be laid off to an existing vacancy in a lower class for which the employee is qualified without requiring an examination, provided the department head so recommends. I. The names of regular employees who have been laid off or bumped down due to reduction in force shall be placed on the Department an appropriate layoff reemployment list but according to date separated or bumped down and shall be restored eligible for reemployment. The last employee laid off or bumped down shall be the first employee on the list, with other employees listed in sequential order thereafter. Each employee on the layoff reemployment list shall remain on that list for 1 year, at which time the list expires unless extended by the City Manager. Names of employees not responding to written notification of an opening within 10 working days shall be removed from the reemployment list. The City Manager can extend the active period of the reemployment list or individual employee's eligibility on such list for a 6-month period as determined to be in the best interests of the City. J. Notice of recall from layoff shall be by return-receipt-requested mail and shall specify the date for reporting to work, which shall not be more than 21 calendar days from the date the notice is received. Notice shall be deemed to have been received when sent to the eligible last known address on file with the City and attempted delivery or delivery is certified by the Postal Service. Upon receiving notice, the person on layoff shall have 5 calendar days to accept or decline the recall opportunity. An employee who fails to respond within the 5 calendar days, refuses recall, or fails to report on the prescribed date within the 21 calendar days maximum thereby waives all further right to recall and reinstatement as an employee. Where recall is declined, the City will proceed to the next name on the reemployment list from which certification was made if and follow the eligible same notice and response procedure. This process will continue through the list until recall needs are met on the list or the list is still activeexhausted. ▇. Restoration A person appointed from a reemployment list must serve a new probationary period if recall from such list occurs more than 90 calendar days after the effective date of layoff. The new probationary period in such circumstances shall be 6 months. L. Reemployed employees shall receive the following: 1. Retention of full-time service seniority accrued at the date of layoff. 2. The salary for the classification in effect as of the list shall be date of return, at the same step as the date of layoff. 3. The accrual rate of vacation and sick leave in effect for the remaining period of eligibility that existed employee's seniority level and class at the time of appointment from rehire. 4. All the list. Regular status employees benefits or programs in effect at the time of layoff shall be placed on the Department layoff list for forfeited unless they are still applied to the classification held or salary range at the time of rehire or provided to new hires as of that date. M. An employee who elects to resign in lieu of layoff, or while laid off, shall forfeit all rights to reemployment and is entitled only to those rights related to severance from City employment.

Appears in 1 contract

Sources: Memorandum of Understanding