Common use of Layoff Procedures Clause in Contracts

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 of each notice shall be concurrently sent by District mail to the President of the CSEA local chapter or designee. Such notice shall indicate the layoff date and inform the employee of his/her displacement rights, if any, and re- employment rights. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Article.

Appears in 3 contracts

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

Layoff Procedures. A. A a. Lay-offs will be made within the bargaining unit and within the employee’s current job title. If an employee is laid off in their current job title, the employee’s seniority will be reviewed for other positions for which they have a job title. b. Seniority Bumping Guidelines 1) Bumping will occur when a more senior employee identified for RIF bumps a less senior employee in a job title that he or she previously held for a minimum of three (3) months. 2) The job title that the individual is eligible to bump into must be on the individual’s job title list and at the same grade or lower. 3) If the individual is in a part-time appointment in two job titles, with different grades, the individual will have bumping rights in either job title. c. All position vacancies created because of the layoff of employees with the least seniority or because of normal attrition will be identified by job title. d. All employees will be listed by SPS seniority within current job title. e. Displaced employees who are not qualified for placement in any vacancy will be re- identified as “laid-off”. f. Unassigned pool(s)" shall be created separately from the displacement pool in order to reduce the number of employees who might otherwise be laid off. 1) Job titles for the purpose of the Article unassigned pool(s) shall be considered as an involuntary separation of a permanent employee from active service due to lack of funds and/or lack of workmutually agreed upon by the SPS and the SEA. Layoffs shall be conducted on a District-wide basis, in reverse order of seniority Each unassigned pool will contain no more employees than there were in the job classification in which title during the layoff occurs: 1. The employee who has been employed the shortest time in the classification plus higher classifications shall be laid off firstprevious work year. 2. Seniority for ) The number of unassigned employees hired prior to July 1, 1999 in this pool 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 the SPS based on anticipated vacancies for the seniority list by highest number of hours served in each classificationcoming work year. 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 ) Employees in the classificationunassigned pool will be merged with the displacement pool in seniority order. 4. If two or more employees subject to layoff ) Employees initially placed in the unassigned pool shall 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 of each notice shall be concurrently sent by District mail to the President of the CSEA local chapter or designee. Such notice shall indicate the layoff date and inform the employee of his/her displacement rights, if any, and re- employment rights. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment same return rights as defined displaced employees as outlined in this ArticleArticle VII Section I.4 below.

Appears in 3 contracts

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

Layoff Procedures. A. 16.1.1 A layoff layoff, for the purpose of the Article this Article, shall be considered as an involuntary separation from active service of a permanent classified employee from active service due to for lack of funds and/or work or lack of work. funds. a. In the event of a proposed reduction in hours/work year for lack of work or lack of funds, the District and the Association shall meet and negotiate, upon request of either party, the decision and the effects of the reduction of hours/work year. 16.1.2 Layoffs shall be conducted made on a District-wide basis, in reverse inverse order of seniority within classification. 16.1.3 Seniority shall be based upon an employee's hire date in the job classification either probationary or permanent status. a. Seniority shall be earned (credited) in classification, plus higher classes 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 firstserved. 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. b. If two (2) or more employees subject to layoff have equal seniority, the determination as of which is 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 c. Bus Driver - to establish seniority for drivers hired on the same day, the original date of school bus driver certification will be used. It is the responsibility of the driver to provide proof of certification. 16.1.4 An employee laid off in one classification who previously had status in an equal or lower classification may bump into that classification provided his/her seniority is greater than the least-senior employee in that equal or lower classification. 16.1.5 An employee displaced as a result of being bumped shall have the same bumping rights as stated in paragraph 16.1.4 above and such other rights as granted in this Article. 16.1.6 An employee who elects separation in lieu of either bumping or assignment into a lower classification shall maintain his/her re-employment rights as defined under this Article. 16.1.7 Before a layoff of employees is anticipated by the administrationoccurs, the District shall develop a seniority list which shall be made available to the employee organizations. 16.1.8 The District shall notify CSEA’s President or designee by the Association prior to any planned layoff and the District mail and Association agree to meet and negotiate the effects of any layoffs to unit members in accord with the provisions of Chapter 16.7, Section 3540-49 of the proposed action. Prior Government code of the State of California. 16.2.1 After the Board has determined that there is a lack of work or a lack of funds and has made the decision to Board action lay off employees, the District will provide CSEA with an updated seniority list issue notices of all affected classifications. Upon written request, layoff to the District shall meet with CSEA employees affected. 16.2.2 Employees to discuss the layoff and negotiate on the impact of such layoff except as provided for herein. It be laid off 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 notified by making objections to the Superintendent personal service and/or certified 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 registered mail sent to the employee(s). For purposes of this Article, a workday is a day when most recent address provided to the District Office is open for businessby the employee. D. After a Board action has been taken on a layoff, a written 16.2.3 The notice of layoff shall be sent to affected employees, to their last address given to personally served and/or deposited in the District, U.S. Mail (certified or registered) no less than forty-five sixty (60) calendar days prior to the effective date of layoff. A Copies of notices shall be made available to the Association (Chapter President). 16.2.4 The notice shall contain the effective date of layoff, and a copy of each notice this Article. 16.3.1 Employees who have been laid off shall be concurrently placed on a re-employment list for a period of thirty-nine (39) months. An employee who takes a voluntary demotion or a voluntary reduction in assigned time in lieu of layoff or to remain in his or her present position rather than be reclassified or reassigned, shall be granted the same rights as person(s) laid off and shall retain eligibility to be considered for reemployment for an additional period of up to 24 months, provided that the same test of fitness under which the employee qualified for appointment to the class still apply. 16.3.2 Offers of re-employment shall be made in reverse order of layoff, within classification, as vacancies occur. 16.3.3 An employee bumping into an equal or lower classification in lieu of layoff shall be offered, by seniority, reinstatement to his/her former classification, for a period of not less than thirty-nine (39) months, as vacancies become available. 16.3.4 Individuals on a re-employment list shall have ten (10) days to respond to a verbal offer of re-employment which, if declined, will be followed by a written verification of the declination, or ten (10) days to respond to a written offer sent by District mail certified/registered mail, beginning with the day it is deposited in the U.S. Mail to the President most recent address supplied to the District by the employee. 16.3.5 Failure to respond following the delivery/or first notice of certified mailing of the CSEA local chapter or designeere-employment notice constitutes a refusal. Such notice A refusal of employment will cause the District to offer the position to the next individual on the re-employment list. a. Except that failure to respond to an offer upon first becoming eligible shall indicate not cause the layoff date and inform employee's name to be skipped, provided the employee has previously notified the District in writing of his/her displacement rights, if any, temporary unavailability to accept an offer of re-employment. The period of unavailability shall be limited to one occurrence and re- employment rightsshall be for a period not to exceed thirty (30) calendar days. E. Displacement (“Bumping”) Rights F. 16.3.6 A permanent employee who has been is laid off and is subsequently re-employed shall retain that seniority earned prior to the effective date of the layoff. 16.4.1 ▇▇▇▇ leave earned and unused at the time of separation from employment shall be restored upon re-employment. 16.4.2 Sick leave credit earned at one rate while in an employed status and unused at the time the hours in paid status are reduced, shall not be reduced because the employee subsequently is assigned fewer hours. 16.4.3 Employees laid off while on paid leave shall retain their employee benefits until the effective date of layoff. 16.4.4 Vacation time earned and unused at the time of layoff shall be computed and paid off with the final salary warrant. 16.4.5 For computation of credit toward longevity pay rate and additional vacation, time separated and on a re-employment list shall not be counted. However, credit for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion these purposes earned prior to a vacant position in a lower classification or transfer to separation will be restored upon re-employment. 16.5.1 When a vacancy in an equal occurs and there are no employees on the reemployment list for that particular classification, pursuant a laid off employee from another classification, in which the employee meets the minimum qualifications (as determined by the District) in the Notice of the Job Position, shall be given preference over outside candidates. a. A permanent or probationary employee who is to provisions of Article XII of this agreementbe laid off, and provided shall be offered any temporary (substitute or short-term) position available at that time for which the employee is qualified to perform (as determined by the duties thereofDistrict). Such Reemployment rights shall not be affected. b. A permanent or probationary employee who is on the reemployment list will be given first consideration, before non–bargaining unit employees, for any substitute or short-term position available for which they are qualified (as determined by the District). The District and the Association agree that the employee shall maintain his/her reemployment rights as defined in this Articlebe responsible to apply for substitute positions.

Appears in 3 contracts

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

Layoff Procedures. A. A layoff 1. Prior to layoff, a seniority list shall be prepared by the District Human Resources Office for the purpose employees to review. 2. When classified employees are laid off for lack of the Article funds, layoff 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, made in reverse inverse order of seniority in the job classification class in which the layoff occurs: 1. The employee who has been employed the shortest time in the classification class plus higher classifications classes shall be considered to have the least seniority and, therefore, shall be laid off first. 23. Seniority for The names of permanent and probationary employees hired prior to July 1, 1999 thus laid off shall be determined by hours in paid status, hours in each classification in placed upon the reemployment list for the class from which they have served and were laid off. Names on the reemployment list 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 classificationrelative order of seniority. 4. If two or more employees subject to layoff have equal seniority, the determination as to who No regular employee shall be laid off from any position while there is a substitute or temporary employee serving in a position in the same class, unless the regular employee declines assignment to the temporary position. (No short-term or substitute employees shall be made on the hire-date seniority with the employed to perform work of laid off employees.) 5. A substitute or temporary employee hired first being retained and if that is equal, then the determination shall be made by lotlaid off without regard to the procedures set forth in these rules, and without reemployment rights. B. When a layoff of employees is anticipated 6. An employee must be notified in writing by the administration, the District shall notify CSEAHuman Resources Office of that employee’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 impending 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 at least sixty (60) 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 before the effective date of layoff. A copy When classified positions must be eliminated at the end of each notice any school year due to the expiration of a specially funded program, and classified employees will be subject to layoff for lack of funds, the employees to be laid off shall be concurrently sent by District mail to the President given written notice on or before April 29, informing them of the CSEA local chapter or designee. Such notice shall indicate the layoff date and inform the employee of his/her their layoff, displacement rights, if any, and re- employment reemployment rights. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Article.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedures. A. A layoff for The Superintendent will determine the purpose necessity of layoffs in accordance with the Article shall criteria of Civil Service laws and rules and will provide 21 calendar days notice to the Association and at least seven calendar days notice to the staff member. Notice will 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 firsthand delivered or sent by regular or certified mail. 2. B. Seniority for employees hired prior to July 1, 1999 shall will be determined by hours in paid statuscontinuous length of service as a full-time or permanent part-time or substitute staff member, hours in each classification in which they have served and shall be frozen as including approved leaves of 7/1/03. Those whose hours have been frozen shall then be placed absence, or while 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 1layoff recall list, 2003, and thereafter shall be based on first from the date of paid service in hire. Such hire date will be the original hire date of the staff member. If a probationary position in staff member resigns and is rehired by the classification. 4CCBDD, seniority will be counted from the date of rehire following resignation. If two or more employees subject to layoff staff members have equal senioritythe same seniority by virtue of the first date of work, then seniority will be determined by: 1. date of appointment; 2. return date of application. If the “date of appointment” and the “return date of application” are not available for a staff member, or if two members have identical dates, the determination as to who shall be laid off shall be made date on the hirestaff member’s application will be used as the tie-date seniority with breaker for determining seniority. If none of the employee hired first being retained and if that is equal, then above breaks the determination shall be made by lot. B. When a layoff of employees is anticipated by the administrationtie, the District shall notify CSEA’s President or designee by District mail of the proposed action. Prior to Board action the District higher number Social Security Number (last four digits) 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 bargainingtie breaker. C. Employees may challenge their place on the seniority list by making objections All layoffs will be according to the Superintendent or designee who shall review the objections positions 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 businessseniority. D. After a Board action has been taken Bumping will be permitted between positions for staff members hired before September 1, 1997, so long as the staff member possesses the proper certification and qualifications, as stated on a layoffthe position description, a written notice as of the date of the layoff notice, and is more senior, and 1. If the staff member is qualified for the position as of the date of layoff shall be sent to affected employeesand has worked in the position within the past 10 years, he/she may bump a less senior incumbent, or 2. More senior staff members in the following positions may bump staff members in the following positions: Custodian/Repairperson and Repairperson Custodian and Custodian Part-Time Early Childhood Intervention Specialist and School-Age Behavior & Curriculum Intervention Specialist Intervention Specialist and Paraprofessional Intervention Specialist Paraprofessional E. The CCBDD will not hire anyone for a bargaining unit position as long as there is a staff member on the recall list eligible per Section D, above, to their last address fill the bargaining unit position. F. A staff seniority list will be provided to the Association President upon request. A list of those staff members being considered for layoff will be given to the District, no less than forty-five Association President at least 21 calendar days prior to any action to lay off staff members. G. Those staff members laid-off will constitute the recall list for purposes of returning to the bargaining unit in a position for which they are, or become, certified, when positions are available, and will remain on the recall list for a maximum of two years from the effective date of layoff. A copy Staff members will be recalled according to seniority. Staff members will be notified by certified mail of each notice shall be concurrently sent by District mail recall to a position and will have seven calendar days from the President date of receipt of the CSEA local chapter notice to accept or designeereject the recall notice. Such notice shall indicate If recalled to either a permanent or temporary position (at least 120 days duration) in the layoff date and inform same position with the employee same or greater work year is rejected, the staff member will be removed from the recall list. If a staff member accepts recall to a permanent or temporary position of less than 120 days, his/her displacement rights, if any, and re- employment rightsplacement on the recall list will be extended by the amount of time worked in the temporary position. E. Displacement (“Bumping”) Rights F. A permanent employee who has been H. When a staff member is laid off and bumps into another position, that staff member will be given first option for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position any open assignment in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined former position. I. Layoffs will be made in this Articlethe following order and according to seniority: 1. Staff members with temporary appointments; 2. Probationary permanent staff members in affected position(s); 3. Non-probationary permanent staff members in affected position(s).

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedures. A. 10.1 A layoff for the purpose of the 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 workwork as a result of a bona fide reduction or elimination of the service performed by any department or when reemployment, reassignment or displacement (bumping) rights of an employee cause such an action. Any reduction in regularly assigned time shall be considered a layoff under the provisions of this Article. Any reduction in regularly assigned time is not a waiver of CSEA’s right to negotiate over the decision. Layoffs shall be conducted on a District-wide basis, in reverse order of seniority in the job classification in which the layoff occurs: 1. 10.1.1 The employee who has been employed the shortest time in the classification plus higher classifications shall be laid off first. 2. 10.1.2 Seniority for employees hired prior to July 1, 1999 shall be determined have their seniority by hours in paid status, hours in each classification in which they have served and shall be frozen as of 7/1/03frozen. Those whose hours have been frozen shall then be placed on the seniority list by highest number of hours served in each classification. 3. 10.1.3 Seniority for employees hired or transferred to a new classification after July 1, 2003, 1999 and thereafter shall be based on first date of paid service in a probationary position in the classificationposition. 4. 10.1.4 If two (2) 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. 10.2 When a layoff of classified employees is anticipated by the administrationadministration and at least seventy-two (72) hours before any Board action is taken on layoff of classified employees, the District shall notify CSEA’s President or designee CSEA in writing by District mail of the proposed action. Prior to Board action With such notification, the District will provide CSEA with an updated seniority roster for the classification in which the layoff is anticipated, a list of all affected classificationspositions and/or hours to be reduced or eliminated and, for information only, any agenda documents provided to the Board supporting the need for layoff. Upon written request, the District shall meet with CSEA to discuss the proposed layoff and negotiate on the impact of such layoff except as provided for hereinlayoff. It shall be the responsibility of CSEA to designate the proposed specific impact issues within the scope of bargaining. C. 10.3 Employees may challenge their place on the seniority list 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). Such challenge shall take place within ten (10) 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. 10.4 After a Board action has been taken on a layoff, a written notice of layoff shall be sent by certificated mail to affected employeesemployee(s), to their last address given to the District, no less than forty-five (45) 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 at a time mutually agreeable to both parties. A copy of each notice shall be concurrently sent by District mail to the President of the CSEA local chapter or designee. : Such notice shall indicate the layoff date and inform the employee of his/her displacement rights, if any, and re- re-employment rights. E. 10.5 Displacement (“Bumping”) Rights F. 10.6 A permanent or probationary employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Article.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedures. 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 purpose Union are to be given two weeks’ notice before such a layoff is to take place. The City shall meet and consult with the concerned Union on such matters as the timing of the Article 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 with the City Manager’s approval may be made to prevent a 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 considered as an involuntary separation of laid off first and be placed on a permanent employee from active service due to lack of funds and/or lack of work. Layoffs “Recall List” and shall be conducted eligible for recall for one year from the date of placement on the list; if a District-wide basisrecall begins, the most senior employees laid off in reverse the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully apprised in advance. The order of seniority in the job classification in which the layoff occursshall be: 1. The employee who has been employed the shortest time Temporary employees in the affected classification plus higher classifications shall be laid off removed first. 2. Seniority for Probationary employees hired prior to July 1, 1999 in the affected classification 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 classificationremoved next. 3. Seniority for Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining 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, department, or section who have the ability to perform the work available. 4. If two or more employees subject D. The employee scheduled to layoff have equal seniority, the determination as to who shall be laid off shall be made on 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 hire-date seniority employee formerly held a regular status appointment, and is qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the employee hired first being retained and if that is equal, then the determination least displacement seniority shall be made displaced by lotthe person scheduled for layoff. The employee displaced shall be considered as laid off for the same reason as the person who displaced the employee, and shall in the same manner, be eligible to displace to a position in a classification in which the employee formerly held a regular status appointment and is qualified by education and/or experience, and is capable of performing the duties of the classification. 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 E. Failure 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 return to discuss work from 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 15 calendar days prior after notice to the effective date of layoff. A copy of each notice shall be concurrently sent return by District certified or registered mail to the President of employee at his last known address on file with the CSEA local chapter City Human Resources Office or designee. Such notice by personal delivery shall indicate constitute the layoff date employee's waiver to return to work and inform eliminates any future re-employment responsibilities placed on the employee of his/her displacement rights, if any, and re- employment rightsCity. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Article.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedures. 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 purpose Union are to be given two weeks’ notice before such a layoff is to take place. The City shall meet and consult with the concerned Union on such matters as the timing of the Article 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 with the City Manager’s approval may be made to prevent a 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 considered as an involuntary separation of laid off first and be placed on a permanent employee from active service due to lack of funds and/or lack of work. Layoffs “Recall List” and shall be conducted eligible for recall for one year from the date of placement on the list; if a District-wide basisrecall begins, the most senior employees laid off in reverse the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully apprised in advance. The order of seniority in the job classification in which the layoff occursshall be: 1. The employee who has been employed the shortest time Temporary employees in the affected classification plus higher classifications shall be laid off removed first. 2. Seniority for Probationary employees hired prior to July 1, 1999 in the affected classification 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 classificationremoved next. 3. Seniority for Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining 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, department, or section who have the ability to perform the work available. 4. If two or more employees subject D. The employee scheduled to layoff have equal seniority, the determination as to who shall be laid off shall be made on 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 hire-date seniority employee formerly held a regular status appointment, and is qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the employee hired first being retained and if that is equal, then the determination least displacement seniority shall be made displaced by lotthe person scheduled for layoff. The employee displaced shall be considered as laid off for the same reason as the person who displaced the employee, and shall in the same manner, be eligible to displace to a position in a classification in which the employee formerly held a regular status appointment and is qualified by education and/or experience, and is capable of performing the duties of the classification. 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 E. Failure 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 return to discuss work from 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 15 calendar days prior after notice to the effective date of layoff. A copy of each notice shall be concurrently sent return by District certified or registered mail to the President of employee at their last known address on file with the CSEA local chapter City Human Resources Office or designee. Such notice by personal delivery shall indicate constitute the layoff date employee's waiver to return to work and inform eliminates any future re-employment responsibilities placed on the employee of his/her displacement rights, if any, and re- employment rightsCity. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Article.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Procedures. A. A layoff for the purpose of the Article (a) Regular full-time employees, who have completed probation, 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, laid off 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 firsttheir seniority. 2. Seniority for employees hired prior to July 1(b) Regular full-time employees, 1999 who have completed probation and who are laid off, 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 recall list, in seniority order, for a period of twelve (12) months from the date of their layoff. If they are not recalled to regular full-time employment during their recall period, they shall have their names removed from the recall list by highest number of hours served in each classificationand their right to recall will cease. 3. Seniority for employees hired or transferred to a new classification after July 1(c) Regular full-time employees, 2003who are laid off and subsequently recalled within their twelve (12) month recall period, and thereafter shall be credited with their previous service for purposes of determining length of service for vacations and other benefits based on first date upon length of paid service in a probationary position in the classificationservice. 4. If two (d) Except in cases of inclement weather, strikes, lockouts or more employees subject to layoff have equal seniorityother circumstances beyond the control of the Exhibition, the determination as Exhibition shall notify regular full-time employees who are 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 at least two (2) calendar days weeks prior to the effective date of the layoff. A copy of each notice If the employee has not had the opportunity to work during this two (2) week period, he/she shall be concurrently sent by District mail paid for those days for which work was not made available. (i) The Exhibition shall offer available work on a casual basis to laid off regular full-time employees on the President recall list, on the basis of the CSEA local chapter or designeetheir seniority, before it offers such work to casual employees. Such notice If an employee declines two (2) consecutive offers of casual employment under this subsection, he/she shall indicate the layoff date and inform the employee of not thereafter be eligible to receive such offers in preference to casual employees until such time as he/she guarantees his/her displacement rights, if any, and re- employment rightsavailability. E. Displacement (“Bumping”ii) Rights F. A permanent employee who has been If as a result of the offer of work on a casual basis under this subsection (d), a laid off regular full-time employee works ten (10) complete shifts (8 hours) in any two (2) week period [eight complete shifts (10 hours) for lack employees working the compressed work week], he/she shall be deemed to have been recalled. In that eventuality, however, the Exhibition shall give such employee not less than twenty-four (24) hours notice of work or lack a further layoff, Article 15.03 notwithstanding. (f) There shall be no layoffs by the Employer during the first three (3) days an employee is absent due to non-occupational illness. (g) Regular full-time employees who are laid off and placed on the recall list shall have their Medical Services Plan, Extended Health Benefits Plan, Dental Plan and Group Life Insurance Plan benefits maintained until the end of funds and who has no bumping rightsthe calendar month in which the lay off occurs. These benefits may be maintained thereafter, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform in question pays one hundred percent (100%) of the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Articlepremium cost for such coverage.

Appears in 1 contract

Sources: Collective Agreement

Layoff Procedures. A. A a. Lay-offs will be made within the bargaining unit and within the employee’s current job title. If an employee is laid off in their current job title, the employee’s seniority will be reviewed for other positions for which they have a job title. b. Seniority Bumping Guidelines 1) Bumping will occur when a more senior employee identified for RIF bumps a less senior employee in a job title that he or she previously held for a minimum of three (3) months. 2) The job title that the individual is eligible to bump into must be on the indivdual’s job title list and at the same grade or lower. 3) If the individual is in a part-time appointment in two job titles, with different grades, the individual will have bumping rights in either job title. c. All position vacancies created because of the layoff of employees with the least seniority or because of normal attrition will be identified by job title. d. All employees will be listed by SPS seniority within current job title. e. Displaced employees who are not qualified for placement in any vacancy will be re- identified as “laid-off”. f. Unassigned pool(s)" shall be created separately from the displacement pool in order to reduce the number of employees who might otherwise be laid off. 1) Job titles for the purpose of the Article unassigned pool(s) shall be considered as an involuntary separation of a permanent employee from active service due to lack of funds and/or lack of workmutually agreed upon by the SPS and the SEA. Layoffs shall be conducted on a District-wide basis, in reverse order of seniority Each unassigned pool will contain no more employees than there were in the job classification in which title during the layoff occurs: 1. The employee who has been employed the shortest time in the classification plus higher classifications shall be laid off firstprevious work year. 2. Seniority for ) The number of unassigned employees hired prior to July 1, 1999 in this pool 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 the SPS based on anticipated vacancies for the seniority list by highest number of hours served in each classificationcoming work year. 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 ) Employees in the classificationunassigned pool will be merged with the displacement pool in seniority order. 4. If two or more employees subject to layoff ) Employees initially placed in the unassigned pool shall 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 of each notice shall be concurrently sent by District mail to the President of the CSEA local chapter or designee. Such notice shall indicate the layoff date and inform the employee of his/her displacement rights, if any, and re- employment rights. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment same return rights as defined displaced employees as outlined in this ArticleArticle VII Section I.4 below.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedures. 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 purpose Union are to be given two weeks’ notice before such a layoff is to take place. The City shall meet and consult with the concerned Union on such matters as the timing of the Article 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 with the City Manager’s approval may be made to prevent a 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 considered as an involuntary separation of laid off first and be placed on a permanent employee from active service due to lack of funds and/or lack of work. Layoffs “Recall List” and shall be conducted eligible for recall for one year from the date of placement on the list; if a District-wide basisrecall begins, the most senior employees laid off in reverse the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully apprised in advance. The order of seniority in the job classification in which the layoff occursshall be: 1. The employee who has been employed the shortest time Temporary employees in the affected classification plus higher classifications shall be laid off removed first. 2. Seniority for Probationary employees hired prior to July 1, 1999 in the affected classification 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 classificationremoved next. 3. Seniority for Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining 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, department, or section who have the ability to perform the work available. 4. If two or more employees subject D. The employee scheduled to layoff have equal seniority, the determination as to who shall be laid off shall be made on 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 hire-date seniority employee formerly held a regular status appointment, and is qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the employee hired first being retained and if that is equal, then the determination least displacement seniority shall be made displaced by lotthe person scheduled for layoff. The employee displaced shall be considered as laid off for the same reason as the person who displaced the employee, and shall in the same manner, be eligible to displace to a position in a classification in which the employee formerly held a regular status appointment and is qualified by education and/or experience, and is capable of performing the duties of the classification. 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 return to discuss work from 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 15 calendar days prior after notice to the effective date of layoff. A copy of each notice shall be concurrently sent return by District certified or registered mail to the President of employee at his last known address on file with the CSEA local chapter City Human Resources Office or designee. Such notice by personal delivery shall indicate constitute the layoff date employee's waiver to return to work and inform eliminates any future re-employment responsibilities placed on the employee of his/her displacement rights, if any, and re- employment rightsCity. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Article.

Appears in 1 contract

Sources: Memorandum of Understanding

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 of each notice shall be concurrently sent by District mail to the President of the CSEA local chapter or designee. Such notice shall indicate the layoff date and inform the employee of his/her displacement rights, if any, and re- employment rights. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Article.re-

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedures. A. A a. Lay-offs will be made within the bargaining unit and within the employee’s current job title. If an employee is laid off in their current job title, the employee’s seniority will be reviewed for other positions for which they have a job title. b. Seniority Bumping Guidelines 1) Bumping will occur when a more senior employee identified for RIF bumps a less senior employee in a job title that he or she previously held for a minimum of three (3) months. 2) The job title that the individual is eligible to bump into must be on the indivdual’s job title list and at the same grade or lower. 3) If the individual is in a part-time appointment in two job titles, with different grades, the individual will have bumping rights in either job title. c. All position vacancies created because of the layoff of employees with the least seniority or because of normal attrition will be identified by job title. d. All employees will be listed by SPS seniority within current job title. e. Displaced employees who are not qualified for placement in any vacancy will be re- identified as “laid-off”. f. Unassigned pool(s)" shall be created separately from the displacement pool in order to reduce the number of employees who might otherwise be laid off. (1) Job titles for the purpose of the Article unassigned pool(s) shall be considered as an involuntary separation of a permanent employee from active service due to lack of funds and/or lack of workmutually agreed upon by the SPS and the SEA. Layoffs shall be conducted on a District-wide basis, in reverse order of seniority Each unassigned pool will contain no more employees than there were in the job classification in which title during the layoff occurs: 1. The employee who has been employed the shortest time in the classification plus higher classifications shall be laid off firstprevious work year. (2. Seniority for ) The number of unassigned employees hired prior to July 1, 1999 in this pool 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 the SPS based on anticipated vacancies for the seniority list by highest number of hours served in each classificationcoming work year. (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 ) Employees in the classificationunassigned pool will be merged with the displacement pool in seniority order. (4. If two or more employees subject to layoff ) Employees initially placed in the unassigned pool shall 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 of each notice shall be concurrently sent by District mail to the President of the CSEA local chapter or designee. Such notice shall indicate the layoff date and inform the employee of his/her displacement rights, if any, and re- employment rights. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment same return rights as defined displaced employees as outlined in this ArticleArticle VII Section I.4 below.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedures. A. A The Authority agrees to notify the Association at least thirty (30) days prior to making any decision to layoff for the purpose members of the Article Bargaining Unit. If the Authority decides to layoff members of the Association, at least sixty (60) days notice will be given to the Association and the affected supervisor in advance of the intended layoff date. In the Association, in that there is a limited number of classifications within the Association and the special nature of work of each Supervisor, layoffs 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 accordance with seniority in job classification, with the job least senior supervisor in a classification in which to be the layoff occurs: 1. The employee who has been employed the shortest time in the classification plus higher classifications shall be first 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 7/1/03off. 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 eligible for any vacant positions in the hire-date Association, or to a position in the Association to which their job classification seniority with the employee hired first being retained and if that is equalentitles them, 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 of each notice shall be concurrently sent by District mail to the President of the CSEA local chapter or designee. Such notice shall indicate the layoff date and inform the employee of his/her displacement rights, if any, and re- employment rights. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in the Local 194 Bargaining Unit subject to any Authority obligation to offer such position(s) to members of Local 194 or in other vacant Authority positions in the sole discretion of the Authority. The affected supervisor must be able to qualify for the position within thirty (30) days and, if necessary, will be offered training in order to do so; an additional thirty (30) days will be granted, if necessary. If a lower classification position within the Authority is not available, the supervisor shall be laid off. Recall shall be offered first to the last laid off supervisor. Those laid off last will be the first offered reinstatement. All seniority(s) shall not be lost in the event of recall within two (2) years of the date of a supervisor’s layoff. In the event of layoff, the Authority shall make a good faith effort to offer alternate employment within the Authority under terms and conditions which may be different than set forth in the Agreement and the Association shall cooperate with the Authority in this effort. Discussions between the parties shall commence as soon as practicable after the initial notice to the Association of contemplated layoffs. The Authority shall not, however, be obligated to offer alternate employment. Supervisors who are eligible for recall shall be given fourteen (14) calendar days notice of recall and notice of recall shall be sent to the supervisor by certified or transfer registered mail with a copy to a vacancy in an equal classificationthe Association, pursuant to provisions of Article XII of this agreement, and provided that the employee supervisor must notify the Authority Department of Human Resources of his intention to return within five (5) days after receiving notice of recall. The Authority shall be deemed to have fulfilled its obligations by mailing the recall notice by certified or registered mail, return receipt requested, to the mailing address provided by the supervisor, it being the continuing obligation and responsibility of the supervisor to provide the Authority’s Human Resources Department with his latest mailing address. Supervisors must maintain an accurate address with the Authority to be considered for recall. If the notice is qualified return mail undeliverable, this will also be deemed appropriate notice. Failure to perform notify the duties thereofAuthority within the time provided shall be deemed a rejection. Such employee The supervisor shall maintain his/her reemployment rights as defined in this Articlebe removed from the recall list.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedures. 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 purpose Union are to be given two weeks notice before such a layoff is to take place. The City shall meet and consult with the concerned Union on such matters as the timing of the Article 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 with the City Manager’s approval may be made to prevent a 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 considered as an involuntary separation of laid off first and be placed on a permanent employee from active service due to lack of funds and/or lack of work. Layoffs “Recall List” and shall be conducted eligible for recall for one year from the date of placement on the list; if a District-wide basisrecall begins, the most senior employees laid off in reverse the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully apprized in advance. The order of seniority in the job classification in which the layoff occursshall be: 1. The employee who has been employed the shortest time Temporary employees in the affected classification plus higher classifications shall be laid off removed first. 2. Seniority for Probationary employees hired prior to July 1, 1999 in the affected classification 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 classificationremoved next. 3. Seniority for Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining 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, department, or section who have the ability to perform the work available. 4. If two or more employees subject D. The employee scheduled to layoff have equal seniority, the determination as to who shall be laid off shall be made on 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 status appointment, and is qualified by education and/or experience, and is capable of performing the hire-date seniority duties of the classification. The employee with the employee hired first being retained and if that is equal, then the determination least displacement seniority shall be made displaced by lotthe person scheduled for layoff. 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 status appointment and is qualified by education and/or experience, and is capable of performing the duties of the classification. B. When a ▇. ▇▇▇▇▇▇▇ to return to work from 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 15 calendar days prior after notice to the effective date of layoff. A copy of each notice shall be concurrently sent return by District certified or registered mail to the President of employee at his last known address on file with the CSEA local chapter City Human Resources Office or designee. Such notice by personal delivery shall indicate constitute the layoff date employee's waiver to return to work and inform eliminates any future re-employment responsibilities placed on the employee of his/her displacement rights, if any, and re- employment rightsCity. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Article.

Appears in 1 contract

Sources: Memorandum of Understanding

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 of each notice shall be concurrently sent by District mail to the President of the CSEA local chapter or designee. Such notice shall indicate the layoff date and inform the employee of his/her displacement rights, if any, and re- re-employment rights. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Article.

Appears in 1 contract

Sources: Collective Bargaining Agreement

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 of each notice shall be concurrently sent by District mail to the President of the CSEA local chapter or designee. Such notice shall indicate the layoff date and inform the employee of his/her displacement rights, if any, and re- employment rights. E. Displacement (“Bumping”) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classification, pursuant to provisions of Article XII of this agreement, and provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Article.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Procedures. A. A layoff for (a) In the purpose of event the Article shall be considered as an involuntary separation of District decides to eliminate 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 position 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 administrationpositions, 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 Association in writing as soon as possible after any 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 bargainingdecision. C. Employees may challenge their place on (b) In 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 event 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 the employee(s) to be separated from an instructional position in the specified classification(s) shall be laid off in the following order: (1) Classification - Only incumbents in the classification(s) announced for 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 considered for layoff. A copy of each notice ; (2) State Certification status for current assignment; - Employees who are not State certified under ESEA shall be concurrently sent by laid off before any who are; (3) Employees with No prior MCIES within the last three (3) years; (4) Lowest evaluation MCIES (most recent final professional practice rating) (5) Instructional Contract Status in the following order: (I) Probationary Employees in inverse order of Seniority; (II) Annual Employees in inverse order of Seniority; and (III) Permanent Employees in inverse order of Seniority. (c) A separated employee shall be offered any existing vacancy in the District mail to requiring the President of same State Certification status as the CSEA local chapter or designee. Such notice shall indicate the layoff date and inform position from which the employee of his/her displacement rightswas separated. Whether the employee accepts or refuses assignment to such a vacancy, if any, and re- employment the employee will have no further recall rights. E. Displacement (“Bumping”d) Rights F. A permanent employee who has been laid off for lack of work or lack of funds and who has If there is no bumping rights, may accept a voluntary demotion to a vacant position in a lower classification or transfer to a vacancy in an equal classificationthe District requiring the State Certification of the position from which the employee was separated, pursuant the employee shall be offered any existing vacancy in the District requiring other State Certification that may be held by the separated employee. If the employee refuses assignment to provisions of Article XII of this agreementsuch a vacancy, the employee shall retain recall rights to the position from which he/she was separated. If the employee accepts assignment to such a vacancy, the employee will have no further recall rights. (e) If there is no vacancy in the District for which the separated employee is State Certified, and provided that the employee is qualified to perform not a probationary employee, the duties thereof. Such employee shall maintain his/her reemployment rights may “bump” (i.e., displace) the employee with the lowest status as defined in (b) of this Articlesection who is occupying a position from which the employee was separated. (f) If an employee “bumps” into a position, the employee shall forfeit any further recall rights. The “bumped” (displaced) employee shall then be considered a separated employee under this Section.

Appears in 1 contract

Sources: Collective Bargaining Agreement