Layoff Procedures Clause Samples
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Layoff Procedures. A. A layoff for the purpose of the Article shall be considered as an involuntary separation of a permanent employee from active service due to lack of funds and/or lack of work. Layoffs shall be conducted on a District-wide basis, in reverse order of seniority in the job classification in which the layoff occurs:
1. The employee who has been employed the shortest time in the classification plus higher classifications shall be laid off first.
2. Seniority for employees hired prior to July 1, 1999 shall be determined by hours in paid status, hours in each classification in which they have served and shall be frozen as of 7/1/03. Those whose hours have been frozen shall then be placed on the seniority list by highest number of hours served in each classification.
3. Seniority for employees hired or transferred to a new classification after July 1, 2003, and thereafter shall be based on first date of paid service in a probationary position in the classification.
4. If two or more employees subject to layoff have equal seniority, the 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, then the determination shall be made by lot.
B. When a layoff of employees is anticipated by the administration, the District shall notify CSEA’s President or designee by District mail of the proposed action. Prior to Board action the District will provide CSEA with an updated seniority list of all affected classifications. Upon written request, the District shall meet with CSEA to discuss the layoff and negotiate on the impact of such layoff except as provided for herein. It shall be the responsibility of CSEA to designate the proposed specific impact issues within the scope of bargaining.
C. Employees may challenge their place on the seniority list 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). Such challenge shall take place within ten work days from the date the seniority list is sent to the employee(s). For purposes of this Article, a workday is a day when the District Office is open for business.
D. After a Board action has been taken on a layoff, a written notice of layoff shall be sent to affected employees, to their last address given to the District, no less than forty-five calendar days prior to the effective date of layoff. A copy ...
Layoff Procedures. Layoffs shall be administered pursuant as follows: An employee with permanent seniority in class shall have the right to displace an employee with less permanent seniority in the same class in any department. All bumping and displacement shall first occur within the department that affected the layoff in question prior to City-wide bumping.
Layoff Procedures. A. In the event of a layoff, the District shall identify the specific position(s) to be reduced in hours or eliminated and shall notify the bargaining unit member(s) in those positions. When the District determines to reduce the size of the work force through elimination of positions in a seniority classification, bargaining unit member(s) in the seniority classification shall be reduced in order of least seniority within the seniority classification being reduced, provided that there are more senior bargaining unit member(s) within that seniority classification remaining who possess the skills and qualifications required to perform the assignments vacated by the least senior bargaining unit member(s) in the classification.
B. When the District determines to institute a layoff through a reduction of two (2) or more hours per day in a position, the bargaining unit member assigned to that position at the time of reduction has the right to displace the least senior bargaining unit member in the same classification, who is assigned to a position having a greater number of hours, provided that the more senior bargaining unit member has the skills and qualifications required to perform the assignment of the least senior bargaining unit member in the same classification. This displacement may only take place by the more senior bargaining unit member leaving the position in which hours have been reduced and then taking the entire position held by the least senior bargaining unit member in the same classification. The least senior bargaining unit member who is displaced, provided he/she is within the same classification and possesses the required skills and abilities, will then be assigned to the position vacated by the more senior bargaining unit member in the same classification.
C. A bargaining unit member who is laid off from a position in his/her present seniority classification may be assigned to a position in another seniority classification in which he/she has previously accumulated seniority, provided that there is a less senior bargaining unit member in that classification and that the more senior bargaining unit member possesses the skills and qualifications necessary to perform the assignment in the other classification. Any such bump must be exercised upon the least senior bargaining unit member within the other classification, provided that the bumping bargaining unit member is qualified to perform the work of the displaced bargaining unit member.
Layoff Procedures. An appointing authority may lay off an employee only when layoff becomes necessary because of the following reasons:
1. Abolition of a position;
2. Change in organization;
3. Decline in agency work load;
4. Insufficient funding;
5. Change in state law; or
6. Change in federal requirements.
a. The appointing authority shall first determine, by division, the class or classes to be affected within the agency.
b. Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' compensation.
c. Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave and approved leave for an illness or injury under the Family Medical Leave Act for a non- probationary employee, except that any days, months, or years of leave without pay for educational or personal reasons shall not be counted
d. No permanent employee shall be laid off from any position while there are temporary fill-in, or initial probationary employees serving in the same class of position within the same division of the agency.
e. Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.
f. Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions:
(1) The reassignment does not result in a promotion; and
(2) The employee being reassigned qualifies for the vacant position.
g. If there is no vacancy into which an employee can be reassigned as provided in (f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405.
h. When demoting an employee in lieu of layoff, the appointing authority may take such action when:
(1) Such demotion serves to protect the efficiency of the agency; and
(2) The order of demotion occurs in a similar progression as that through which the employee was promoted.
i. The parties acknowledge and agree that Layoff Procedure language is included in both the Personnel rules and this Agreement. The ...
Layoff Procedures. 1. In the event there is a layoff, the position(s) to be eliminated shall be discussed with the Organization President before any announcement of layoff is made.
2. The employee to be laid off shall be the person with the least District seniority in the lowest job classification of each affected classification series regardless of the number of days or hours worked. In the event the position to be eliminated involves fewer days or hours than the position held by the person with the least District seniority in the lowest job classification in the series, the employee whose job is eliminated may either move to that position and work the additional days or hours or may opt to take the layoff.
3. If the employee to be laid off had been employed in another classification series, and he/she has more District seniority than the least senior person in the lowest job classification of the other classification series, it is the employee with the least District seniority in the other job classification who shall be laid off.
4. Unless the Administration otherwise determines it is in the best interest of the District’s operations, these layoff procedures will not be interpreted or applied so as to create a job sharing situation.
5. Transfers may have to be made in a classification series because of the position(s) elimination.
a. If an employee in a job classification needs to be transferred to the job classification directly below the one he/she is presently in, it is the employee with the least District seniority in the job classification that is transferred to the lower job classification.
b. Any employee who is transferred to a different job classification shall not have to serve a probationary period.
c. If transfer results in a situation where an employee would have to work additional hours or days above and beyond his/her original assignment, the employee may either elect to work the additional hours or days or may opt to take the layoff.
6. After a layoff, the number of hours each employee has shall remain the same (except for Bus Drivers and Bus Aides because their number of hours may change yearly because of the selection process) with the possible exception(s) of: (i) an employee whose hours or days are increased as a result of his/her exercise of seniority; or (ii) the employee with the least District seniority in the lowest job classification of the job classification series where it is necessary for those hours to be reduced.
a. In the case of Bus Driver...
Layoff Procedures. In the event a layoff in the classified service of bargaining unit supervisors becomes necessary, the Appointing Authority shall notify the Association and the Association Executive Director of the classifications and number of positions to be eliminated at least thirty (30) calendar days if practicable, but at least twenty-one (21) calendar days prior to the effective date of the layoff. At least twenty-one (21) calendar days prior to the effective date of the layoff, the Appointing Authority shall give written notice of the layoff, including the reason(s) such action is necessary and the estimated length of the layoff period, to all supervisors about to be laid off and to the Association Executive Director. Seasonal supervisors shall be laid off in inverse order of Classification Seniority within the supervisor's principal place of employment. Notice to supervisors shall include information about how to apply for state vacancies after the date of layoff. At the Appointing Authority’s discretion, a supervisor under notice of permanent layoff may continue in payroll status for up to one hundred sixty (160) hours of paid leave, ending at the date of layoff. The Appointing Authority may designate a specific date for group selection of layoff options, provided that the Appointing Authority has given at least three (3) weeks’ notice of layoff prior to the group selection date and that the selection date is not more than ten (10) working days prior to the effective date of layoff. When an option has been selected, a supervisor may not make a new choice unless an option which did not exist at the time of the original selection becomes available to the supervisor.
Layoff Procedures. In the event of a layoff, seniority, performance and ability (including special skills needed to perform a particular assignment within a classification) shall be the factors in determining which employees, within the affected classification within a department will be laid off. When ability and performance are substantially equal, seniority shall be the determining factor. Performance shall be determined by use of the employee's performance evaluations within the last two (2) years within the affected classification. Ability shall be determined by the existence of special skills, credentials, or other qualifications required in a particular job assignment as evidenced by the job description or announcement of hiring. No regular employee shall be laid off while there are extra help or new probationary employees serving within the affected classification within the Department. Employees laid off shall be given two (2) weeks’ notice in writing or, at the Employer's option, two (2) weeks separation pay. Laid off employees shall be eligible to apply for promotional opportunities within departments covered by this Agreement for a period of one (1) year from their effective date of layoff.
Layoff Procedures. In the event it becomes necessary to lay off employees and/or employees become displaced as a direct result of the contracting out of work previously done by the bargaining unit, the following procedure shall apply, provided nothing herein shall limit the County’s right to determine the classification(s) in which the force reduction shall occur:
(a) Those positions funded as extra help or temporary shall be laid off first.
(b) Next, those employees who have not completed their initial probationary period shall be laid off.
(c) Finally, regular employees will be considered for layoff within the affected classification in the inverse order of their seniority. A senior employee may be laid off before a junior employee when the junior employee is performing the job in question in a substantially better manner, taking into consideration job performance, experience, training, and relevant ability to do the job.
(d) Any employee who is to be laid off may bump the least senior employee in a lower classification within his/her job progression provided he/she has greater seniority than the employee to be bumped and provided he/she is able to perform the job in question in a manner equal to, or better than, the employee to be bumped, taking into consideration job performance, experience, training, and relevant ability to do the job. Personnel evaluations as described in Article 15.4 may be used in such determinations. Upon notification of layoff an employee shall have twenty-four (24) hours to provide written notification to the Director and the Human Resources Office of his/her intent to exercise the bumping rights set forth in this Article.
(e) Bargaining unit employees promoted to a management position shall retain the right to displace a bargaining unit member only during their six (6) month trial service period outside of the bargaining unit.
(f) Whenever a layoff is contemplated, if possible, at least thirty (30) days notice shall be given to the employee along with a Personnel Evaluation Form.
Layoff Procedures. B.1 The College, usually through the Budget Development Committee, shall identify the specific staff positions that are being considered for reduction or elimination. The individual identified to receive layoff notice will be the most junior employee within the job description AND within a department or normal working cluster of departments where position transfers occur without postings. Campus location shall not be considered in identifying the most junior employee within the job description.
B.2 With as much notice as possible, the Human Resources Department shall discuss the potential layoff(s) with a representative of CUPE Local 2081.
B.3 A meeting with the employee potentially affected will be arranged by the supervisor and a Union shop ▇▇▇▇▇▇▇ to advise the employee of the possible layoff situation.
B.4 When a layoff is confirmed to occur, the Human Resources Department and a Union shop ▇▇▇▇▇▇▇ shall meet with the employee affected and his/her supervisor or other departmental support person. At that meeting, the employee shall be advised of the confirmation of the layoff, the effective date and the options available to him/her. Such information will also be supplied in writing and shall constitute the formal notification of layoff. The Layoff Sub Committee shall receive a copy of the layoff letter.
B.5 The employee shall be given a period of seven calendar days in which to advise the Human Resources Department of his/her choice of option. If the employee wishes to exercise his/her right to alternate employment opportunities, the employee will be encouraged to immediately update the information contained within his/her personnel file to include current qualifications, skills, abilities and references.
B.6 When an employee requests an alternate employment opportunity within the College, the Layoff Sub Committee shall be responsible for identifying such alternate employment opportunities. The process of identifying alternate employment opportunities will be initiated within seven calendar days of the employee's request.
B.7 For each alternate placement opportunity, the Human Resources Department shall provide to the Committee: - The most current resume of the employee to be relocated. - An up-to-date seniority list for CUPE Local 2081. - A list, in seniority order, of employees and their positions within each pay band. - A list of retirements expected to be occurring within the next twelve months. - A list of positions expected to be vacant within the ...
Layoff Procedures. 21.1 In the event of any planned layoff of unit members, the following steps shall be taken.
21.1.1 The Employer will make reasonable effort to notify the Association President two days prior to the service of layoff notices. This information is to remain confidential to the Association President.
21.1.2 The Employer shall also provide the Association President with a seniority list of all unit members.
21.2 In the event that unit members are laid off, the Human Resources Office shall assist those employees by:
21.2.1 Notifying them of any certificated job opportunities within the County Office for which they may qualify.
21.2.2 Making available information received by the County Office about certificated job opportunities with other employers.
21.3 A unit member who is laid off may use up to two (2) days of available Personal Necessity Leave for the purpose of participating in job interviews to secure other employment. Such leave shall be subject to the following provisions:
21.3.1 The employee shall notify the Supervisor or designee at least twenty-four (24) hours prior to the requested date of leave, consistent with the procedures of Articles 11.9.2 and 11.9.3.
21.3.2 The leave is contingent upon the Supervisor or designee determining that the employee can be spared.
21.3.3 The employee shall submit to the Human Resources Office documentation of the time, place, location and nature of the interview.
21.4 A unit member being laid off will be considered for continued employment under the following conditions:
21.4.1 A vacant position as established by the Employer must be available for the employee and the employee must be legally qualified for an emergency credential to be assigned to that position. Upon the request of a unit member who qualifies under this section, the Employer will conduct an emergency credential review to determine if the employee qualifies for the credential. If the employee meets the qualifications for the credential, the Employer shall assist the employee in filing an emergency credential application.
21.4.2 The employee must have 15 or fewer semester units to complete to qualify for a new credential.
21.4.3 The employee must be able to obtain the new credential within 18 months.
21.4.4 If the conditions of 21.4.1, 21.4.2, and 21.4.3 above can be met, then the employee must submit a written request to the Employer requesting such continued employment prior to April 15 in the year in which the layoff notice was received.
21.4.5 The ...