Common use of Layoff Process Clause in Contracts

Layoff Process. i. In event of a layoff or reduction in force due to lack of funds or lack or work, temporary or probationary employees shall be laid off first. ii. If it is necessary to lay off permanent employees, employees determined to be the least competent and least qualified shall be laid off first. If two or more employees who perform the same essential job functions are equally competent and qualified then seniority shall be used to determine which employee(s) are laid off. iii. Layoffs shall be made separately in the supervisory and non-supervisory bargaining units; provided, however, that a supervisory employee who is to be laid off may "bump" a non-supervisory employee and return to non- supervisory status if the supervisory employee is more competent and qualified to perform the non-supervisory position. In the event that a supervisory employee and a non-supervisory employee are equally competent and qualified to fill a non-supervisory position the employee with greater seniority shall be retained. iv. An employee who has been laid off may give notice to County that the employee wishes to be considered for rehire. The employee shall leave his/her name, current address, and telephone number on file with the Sheriff and the County's Human Resources Department. It is the employee's obligation to provide the Sheriff and the County's Human Resources Department with any address changes. Any laid off employee shall be considered for rehire for a period not to exceed twelve months from the date of lay off. In the event that a job opportunity shall arise in the employee's former classification, or a lesser classification, for which the employee is qualified, the laid off employee shall be given first consideration for rehire before other persons who have filed applications for employment in the vacant position. The laid off employee is not entitled to automatic rehire; as in all other hiring decisions County will employ the candidate who appears to be most competent and best qualified. v. For the purpose of this section, seniority is the total length of continuous full time paid employment with the Sheriff’s Office as a sworn law enforcement officer. vi. The County shall provide thirty (30) calendar days’ notice to employees who are subject to layoffs under the provisions of under this Section, except in the event of a fiscal emergency.

Appears in 5 contracts

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

Layoff Process. i. In event of a layoff or reduction in force due to lack of funds or lack or work, temporary or probationary employees No employee shall be laid off first. iipursuant to a reduction in the work force unless said employee shall have been notified of said layoff at least thirty (30) calendar days prior to the effective date of layoff. If it is necessary to lay off permanent employeesIn the event of a reduction in work force, employees determined the Employer shall identify the specific position(s) to be eliminated and shall notify the Union and the employee(s) in that position(s). Whether an employee is qualified, as that term is used in this article, shall be determined by the Employer. In determining qualifications in this Article, work record and seniority, as well as other relevant work-related factors, will be considered. In the event the person with the most seniority is not considered the most qualified, reasons will be provided upon request. Employees shall be laid off or recalled according to their seniority in their classification, those with the least competent and least qualified seniority shall be laid off first. If two or more employees who perform the same essential job functions are equally competent and qualified then seniority shall be used to determine which employee(s) are laid off. iii. Layoffs shall be made separately in the supervisory and non-supervisory bargaining units; provided, however, that a supervisory An employee who is scheduled to be laid off may "bump" has the right to be placed in a non-supervisory employee and return to non- supervisory status if position for which the supervisory employee individual is more competent and qualified to perform the non-supervisory positionas specified below: 1. In the event that a supervisory employee and a non-supervisory employee are equally competent and qualified to fill a non-supervisory position If the employee with greater seniority scheduled for layoff possesses sufficient seniority, the individual shall first be assigned to displace the least senior employee in the same pay classification and same status (full or part time) for which the individual is qualified; 2. If displacement cannot occur within the same pay classification, the employee, if possessing sufficient seniority, shall be retained. iv. An assigned to displace the least senior employee who has been laid off may give notice to County that in a lower pay classification within the employee wishes to be considered for rehire. The employee shall leave his/her name, current address, and telephone number on file with the Sheriff and the County's Human Resources Department. It is the employee's obligation to provide the Sheriff and the County's Human Resources Department with any address changes. Any laid off employee shall be considered for rehire for a period not to exceed twelve months from the date of lay off. In the event that a job opportunity shall arise in the employee's former classification, or a lesser classification, same status for which the employee is qualified, the . Probationary employees shall be laid off employee shall first before any non-probationary employees. Employees may be given first consideration offered the opportunity for rehire before other persons who have filed applications for employment in the vacant position. The laid off employee is not entitled to automatic rehire; as in all other hiring decisions County will employ the candidate who appears to be most competent and best qualified“voluntary” layoff. v. For the purpose of this section, seniority is the total length of continuous full time paid employment with the Sheriff’s Office as a sworn law enforcement officer. vi. The County shall provide thirty (30) calendar days’ notice to employees who are subject to layoffs under the provisions of under this Section, except in the event of a fiscal emergency.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Process. i. In event A. The City Council shall determine the need for layoff by reducing the number of positions in a layoff department or reduction in force due to lack of funds departments and classification or lack or work, temporary or probationary employees shall be laid off firstclassifications. iiB. The Human Resources Department shall create a citywide seniority list for each classification in which the City Council has reduced the number of authorized positions. C. The Human Resources Department shall notify in writing each employee whose position has been eliminated by the City Council of the Council’s decision. If it This notice shall specify the date on which the employee’s position is necessary to lay off permanent employees, employees determined to be eliminated and that the least competent and least qualified shall be laid off first. If two or more employees who perform the same essential job functions are equally competent and qualified then seniority shall be used to determine which employee(s) are laid off. iii. Layoffs shall be made separately in the supervisory and non-supervisory bargaining units; provided, however, that a supervisory employee who is to be laid off may "bump" on that date or 30 calendar days after receipt of this notice whichever is later. This notice shall include whether or not the employee has the option of displacing a non-supervisory less senior employee and return to non- supervisory status if in his/her series or of filling a funded, unfilled position. D. Any employee receiving a layoff notice, as provided for in paragraph C, shall have the supervisory employee is more competent and qualified to perform following rights: (1) To fill a funded, unfilled position in the non-supervisory same classification provided they meet the minimum qualifications for the unfilled position. If a funded, unfilled position exists in the same classification as the employee receiving a notice of layoff the employee’s sole right is to fill that unfilled position and he/she may not displace a less senior employee. (2) If no funded, unfilled positions exist within the same classification as the employee receiving a layoff notice, and the employee receiving the layoff notice has a greater number of seniority points than one or more other employees in their classification the employee may displace the least senior employee in the classification affected by the layoff. E. In order to exercise their rights under paragraph D the event that a supervisory employee and a non-supervisory must notify the Human Resources Department within five (5) business days of receipt of their layoff notice of their desire to be placed in the unfilled position or if there is no unfilled position to displace the least senior employee. Failure to provide the Human Resources Department notice of their desire to displace the least senior employee are equally competent and qualified or to fill a non-supervisory funded, unfilled position within the allotted five (5) business days shall constitute an irrevocable waiver of their rights to displace the least senior employee with greater seniority shall be retained. ivor to fill a funded, unfilled position. An employee who has been laid off may give notice fails to County that respond to the employee wishes to be considered for rehire. The employee shall leave his/her name, current address, and telephone number on file with the Sheriff and the County's Human Resources Department. It is the employee's obligation to provide the Sheriff and the County's Human Resources Department with any address changes. Any within five (5) business days shall be laid off on the date contained in their notice. F. If an employee exercises their right to displace a less senior employee, the less senior employee shall be considered receive a layoff notice as is provided for rehire for in Paragraph C and shall have the same right to notice, displacement of a period not less senior employee and to exceed twelve months from the date of lay off. In the event that fill a job opportunity shall arise in the employee's former classificationfunded, or a lesser classification, for which unfilled position as the employee is qualified, whose position was eliminated by the laid off employee shall be given first consideration for rehire before other persons who have filed applications for employment in the vacant positionCity Council. The laid off employee is not entitled to automatic rehire; process described in Paragraphs C and D shall apply as in all other hiring decisions County will employ if the candidate who appears to be most competent and best qualifieddisplaced employee’s position had been eliminated by the City Council. v. For the purpose of this section, seniority is the total length of continuous full time paid employment with the Sheriff’s Office as a sworn law enforcement officer. vi. The County shall provide thirty (30) calendar days’ notice to employees who are subject to layoffs under the provisions of under this Section, except in the event of a fiscal emergency.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Process. i. 1. In the event of a layoff or reduction in force due to lack of funds or lack or of work, the order of layoff shall, if practicable under the circumstances, be casual workers, temporary employees, or probationary employees shall be laid off firstemployees, and then regular full-time employees. ii2. If it is necessary to lay off permanent employees, layoff regular employees determined to be the least competent and least qualified shall be laid off first. If two (2) or more employees who perform the same essential job functions are equally competent and qualified qualified, then seniority shall be used to determine which employee(s) are laid off. iii. Layoffs shall be made separately in the supervisory and non-supervisory bargaining units; provided, however, that a supervisory employee who is The County’s determination as to be laid off may "bump" a non-supervisory employee and return to non- supervisory status if the supervisory employee is more which employees are most competent and qualified shall not be subject to perform the nongrievance process in this Agreement. 3. County-supervisory position. In the event that a supervisory employee and a nonwide Layoff Re-supervisory employee are equally competent and qualified to fill a nonemployment List of Bargaining Unit Positions a. A County-supervisory position the employee with greater seniority wide re-employment list shall be retained.established for employees affected by layoffs. Affected employees shall remain on the re-employment list for one iv. An employee who has been laid off may give notice to County that the employee wishes to be considered for rehire. The employee shall leave his/her name, current address, and telephone number on file with the Sheriff and the County's Human Resources Department. It is the employee's obligation to provide the Sheriff and the County's Human Resources Department with any address changes. Any laid off employee shall be considered for rehire for a period not to exceed twelve months from (1) year following the date of lay offtheir layoff. In the event that Such a job opportunity list shall arise in the employee's former classificationtake priority over departmental and other re-employment, or a lesser classification, for which the employee is qualified, the laid off employee shall be given first consideration for rehire before other persons who have filed applications for employment in the vacant position. The laid off employee is not entitled to automatic rehire; as in all other hiring decisions County will employ the candidate who appears to be most competent and best qualified. v. For the purpose of this section, seniority is the total length of continuous full time paid employment with the Sheriff’s Office as a sworn law enforcement officer. vi. The County shall provide thirty (30) calendar days’ notice to employees who are subject to layoffs under the provisions of under this Section, except lists in the event of rehiring. Individuals on the list are responsible for notifying Human Resources of any changes in address or other contact information following layoff. b. In the event of a fiscal emergencyvacancy in a position previously held by individual(s) on the re- employment list or a vacancy in a position performing materially the same essential job functions, the individual(s) on the list shall be offered reinstatement. c. In the event there are multiple individuals who qualify for an offer of reinstatement pursuant to the preceding paragraph, the County may select the most competent and qualified individual(s). If competency and qualifications are equal, the County shall select individuals in order of seniority. The County’s determinations regarding competency and qualifications shall not be subject to the grievance process in this Agreement. d. Individuals who are reinstated shall return at their previous rate of pay, except that if the bottom of the salary range of the position in which the individual is reinstated is higher than the individual’s previous rate of pay the individual shall be placed at the bottom of the salary range, and if the top of the salary range of the position in which the individual is reinstated is lower than the individual’s previous rate of pay the individual shall be placed at the top of the salary range. In no event shall the employee’s pay be lower than the bottom of the salary range of the position in which the individual is reinstated or higher than the top of the salary range of the position in which the individual is reinstated. Any unused sick leave accrual shall be reinstated to the employee. Reinstated employees will return to accrual rates for sick and vacation leave time at the rate they were accruing when laid off. e. If an individual refuses an offer of re-employment, that individual shall be removed from the re-employment list.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Process. i. a. In the event of a layoff or reduction in force due to lack of funds or lack or of work, the order of layoff shall be casual workers, temporary employees, or probationary employees shall be laid off firstemployees, and then regular full-time employees. ii. b. If it is necessary to lay off permanent employeeslayoff regular employees and two (2) or more employees are equally competent and qualified, employees determined then seniority shall be used to determine which employee(s) are to be laid-off. Seniority is the total length of continuous full-time paid employment with the County. Employees adjudged the least competent and least qualified shall be laid off first. c. County-wide Layoff Re-employment List of Bargaining Unit Positions 1) A County-wide re-employment list shall be established for employees affected by layoffs. Such a list shall take priority over departmental and other re-employment, or employment lists in the event of rehiring. If two or more employees who perform the employee refuses an offer of re- employment, the employee shall be removed from the list. 2) On re-employment from a layoff list, if returned within one (1) year, the employee shall be reinstated to the classification and wage held at the time of layoff. The length of time for the re-employment from a layoff list as stated above, will be one (1) year. If conditions have so changed that it is not possible to reinstate the employee in the same essential job functions are equally competent and qualified then seniority classification, the employee shall be used reinstated in the classification and wage that is most nearly comparable to determine which employee(s) are the employee’s original classification and wage as is possible under the circumstances. Any unused sick leave accrual shall be reinstated to the employee. Reinstated employees will return to accrual rates for sick and vacation leave time at the rate they were accruing when laid off. iii. Layoffs shall be made separately in the supervisory and non-supervisory bargaining units; provided, however, that a supervisory employee who is to be laid off may "bump" a non-supervisory employee and return to non- supervisory status if the supervisory employee is more competent and qualified to perform the non-supervisory position. In the event that a supervisory employee and a non-supervisory employee are equally competent and qualified to fill a non-supervisory position the employee with greater seniority shall be retained. iv. 3) An employee who has been laid laid-off may give notice to County that the employee wishes to shall be considered responsible for rehire. The employee shall leave his/her name, current address, and telephone number on file with the Sheriff and providing the County's ’s Human Resources Department. It is the employee's obligation to provide the Sheriff and the County's Human Resources Department Manager with any address changes. Any laid off employee shall be considered for rehire for a period not to exceed twelve months from the date of lay off. In the event that a job opportunity shall arise in the employee's former classification, or a lesser classification, for which the employee is qualified, the laid off employee shall be given first consideration for rehire before other persons who have filed applications for employment in the vacant position. The laid off employee is not entitled to automatic rehire; as in all other hiring decisions County will employ the candidate who appears to be most competent and best qualifiedchange. v. For the purpose of this section, seniority is the total length of continuous full time paid employment with the Sheriff’s Office as a sworn law enforcement officer. vi. The County shall provide thirty (30) calendar days’ notice to employees who are subject to layoffs under the provisions of under this Section, except in the event of a fiscal emergency.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Process. i. In event The retention of a layoff bargaining unit members within an affected department, or reduction in force due to lack of funds or lack or workappropriate subdivision thereof, temporary or probationary employees shall be laid off first.based on the following factors including but not limited to: ii1. If it The needs of the department for retained skills and capabilities; and 2. The demonstrated capability of each employee to contribute to the department's effectiveness, as may be evidenced by performance evaluations and other supervisory evaluations of job performance; and 3. The presence of any formal or informal discipline or coaching provided to the employee; and 4. The experience, education, licenses, and certificates obtained by the employee, which increase an employee’s overall value to the department. The City agrees to notify the Association at least two (2) weeks before the effective date of the layoff. The City agrees to provide the Association with a copy of the layoff notice that will be provided or is necessary being simultaneously provided to lay off permanent employees, employees determined to be the least competent and least qualified shall be laid off first. If two or more employees who perform the same essential job functions are equally competent and qualified then seniority shall be used to determine which employee(s) are laid off. iii. Layoffs shall be made separately in the supervisory and non-supervisory bargaining units; provided, however, that a supervisory employee who is to be laid off may "bump" a non-supervisory employee and return to non- supervisory status if the supervisory employee is more competent and qualified to perform the non-supervisory position. In the event that a supervisory employee and a non-supervisory employee are equally competent and qualified to fill a non-supervisory position the employee with greater seniority shall be retained. ivemployee. An employee who to whom the City has been laid off decided to issue a Notice of Layoff shall be given written notice thereof at least two (2) weeks before the effective date of the layoff. The City Manager or designee may give notice to County that relieve the employee wishes to be considered for rehireof further duties at any time after the notice is given. The However, the employee shall leave his/her name, current address, and telephone number on file with receive full pay for any remaining portion of the Sheriff and the County's Human Resources Departmenttwo (2) week notification period. It is the employee's obligation to provide the Sheriff and the County's Human Resources Department with any address changes. Any laid off employee Employees who are issued a Notice of Layoff shall be considered referred to the Department(s) in which vacancies exist for rehire which they qualify. Employees who desire to seek a vacancy for a period not to exceed twelve months from which they qualify shall let the date of lay offDepartment know so they can be interviewed for the vacancy. In If the event that a job opportunity shall arise vacancy is in the employee's former classification, or a lesser classification, for Department from which the employee is qualifiedbeing laid off, the and within their classification series, reassignment shall be made. Employees who are laid off employee shall be given first consideration will receive severance pay equal to one month of base pay for rehire before other persons who have filed applications for employment in the vacant position. The laid off employee is not entitled to automatic rehire; as in all other hiring decisions County will employ the candidate who appears to be most competent and best qualified. v. For the purpose each year of this section, seniority is the total length of continuous full full-time paid employment with the Sheriff’s Office as a sworn law enforcement officer. vi. The County shall provide thirty (30) calendar days’ notice to employees who are City subject to layoffs under a maximum of six months’ pay. Severance payments will be made monthly and will be discontinued should the provisions of under this Section, except in individual be re-employed by the event of a fiscal emergencyCity.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Process. i. In event of a layoff or reduction in force due to lack of funds or lack or work, temporary or probationary employees shall be laid off first. ii. If it is necessary to lay off permanent employees, employees determined to be the least competent and least qualified shall be laid off first. If two or more employees who perform the same essential job functions are equally competent and qualified then seniority shall be used to determine which employee(s) are laid off. iii. Layoffs shall be made separately in the supervisory and non-supervisory bargaining units; provided, however, that a supervisory employee who is to be laid off may "bump" a non-supervisory employee and return to non- supervisory status if the supervisory employee is more competent and qualified to perform the non-supervisory position. In the event that a supervisory employee and a non-supervisory employee are equally competent and qualified to fill a non-supervisory position the employee with greater seniority shall be retained. iv. A. An employee who has been laid off may give notice to County that the employee wishes to be considered for rehire. The employee shall leave his/her name, current address, and telephone number on file with the Sheriff and the County's Human Resources Department. It is the employee's obligation to provide the Sheriff and the County's Human Resources Department with any address changes. Any laid off employee shall be considered for rehire for a period not to exceed twelve months from the date of lay off. In the event that a job opportunity shall arise in the employee's former classification, or a lesser classification, for which the employee is qualified, the laid off employee shall be given first consideration written notice of a layoff at least ten (10) working days before the effective date, stating the reason for rehire before other persons who have filed applications the layoff, and the options the employee has. The notice will include seniority status and notice of contract rights. The City may make payment of wages in lieu of 10 days notice and end the employment relationship. B. The City shall determine the specific positions to be vacated and employees in those positions shall be notified of layoff. An employee provided notice of layoff has the following options: 1. Employee may accept the layoff; 2. Displacement in same position or “classification line” for employment full time employees: An employee with more seniority than another employee in the vacant positionsame position may displace the least senior employee. An employee on the same classification line may also displace an employee with less seniority provided the employee has the knowledge, skills and abilities to do the job (by the assigned job description). The laid off employee must be capable of performing the requirements of the position within approximately fifteen (15) working days. A “classification line” is not entitled a grouping of positions in one classification or “on the same line” as found in the Classification Category list, Appendix A. 3. Displacement to automatic rehire; as a lower position classification within a Classification Category (Appendix A) for full-time employees: An employee subject to layoff may displace an employee in all other hiring decisions County will employ a position in the candidate who appears same classification category subject to the displaced employee in the lower classification category having less seniority and provided the employee subject to layoff has the knowledge, skills and abilities to do the job (by the assigned job description). The employee must be most competent and best qualifiedcapable of performing the requirements of the position within approximately fifteen (15) working days. v. For 4. Absent an employee working under the purpose classification category of this sectionFinance/Administration, seniority is the total length of continuous full time paid employment with the Sheriff’s Office an employee who has previously worked as a sworn law enforcement officer. vi. The County shall provide thirty (30) calendar days’ notice to employees Utility Worker for the City and who are subject to layoffs cannot bump into any other position under the provisions of under this Section, except in Article may bump a Utility Worker with less seniority. C. Part-time positions subject to layoff off are not permitted to displacing other full-time employees for layoffs. Part-time positions may displace other part-time positions subject to the event of a fiscal emergencysame principles outlined above.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Process. i. In event of a Union represented employees will be selected for layoff or reduction based on the following criteria, although in force due to lack of funds or lack or work, temporary or probationary employees shall be laid off firstno particular order: a) Demonstrated current and past performance; and b) Seniority with the Agency. ii. If it is necessary to lay off permanent Before any layoff occurs of regular full-time Union represented employees, all temporary, part-time, probationary and contract employees determined to be working in the least competent and least qualified same classifications shall be laid off first. If two or more employees who perform the same essential job functions are equally competent and qualified then seniority shall be used to determine which employee(s) are laid offterminated. iii. Layoffs Union represented employees in acting assignments who have regular status in another classification, shall be made separately returned to their former classification where they will be subject to layoff under provisions applicable to other employees in the supervisory and nonthat classification. iv. If a regular full-supervisory bargaining units; provided, however, that time Union represented employee in a supervisory employee who is classification to be laid off may "bump" has previously completed their probationary period of a non-supervisory minimum of 12 months in a lower classification and has demonstrated positive current performance over the preceding 12 months, then the employee and return shall be permitted to non- supervisory status if bump down within the supervisory Agency to the lower classification provided that the bumping employee has greater Agency seniority than the incumbent in the lower classification that is more competent and qualified being bumped. a) Union represented employees choosing to perform the non-supervisory position. In the event that a supervisory employee and a non-supervisory employee are equally competent and qualified to fill a non-supervisory position bump down will displace the employee with greater the least classification seniority shall be retainedbased on Agency seniority. iv. b) An employee who has been laid off may give notice bumps down to County that a lower classification pursuant to this policy shall be paid in the employee wishes lower classification base pay range at their current pay rate, if within the lower classification base pay range. If the employee’s current wage is above the lower classification base pay range, then their new pay rate will be adjusted down to the maximum of the lower classification base pay range. Any applicable changes to fringe benefits will be considered for rehire. The employee shall leave his/her name, current address, and telephone number on file consistent with the Sheriff and lower classification. c) After being served with a notice of layoff, a Union represented employee who is eligible to bump to a lower classification based upon the County's Human Resources Department. It is requirements set forth herein, shall give written notice of the employee's obligation to provide exercise of their bumping rights within five (5) work days of receipt of the Sheriff and the County's Human Resources Department with any address changes. Any laid off employee shall be considered for rehire for a period not to exceed twelve months from the date of lay off. In the event that a job opportunity shall arise in the employee's former classification, or a lesser classification, for which the employee is qualified, the laid off employee shall be given first consideration for rehire before other persons who have filed applications for employment in the vacant position. The laid off employee is not entitled to automatic rehire; as in all other hiring decisions County will employ the candidate who appears to be most competent and best qualifiedlayoff notice. v. For the purpose of this section, seniority is the total length of continuous full time paid employment A Union represented employee who elects not to exercise their bumping rights will be laid off in accordance with the Sheriff’s Office as a sworn law enforcement officerterms of the layoff notice served by the Agency. vi. The County shall provide thirty (30) calendar days’ notice to employees who are subject to layoffs under the provisions of under this Section, except in the event of a fiscal emergency.

Appears in 1 contract

Sources: Memorandum of Understanding

Layoff Process. i. In event of a layoff or reduction in force due to lack of funds or lack or work, temporary or probationary employees shall be laid off first. ii. If it is necessary to lay off permanent employees, employees determined to be the least competent and least qualified shall be laid off first. If two or more employees who perform the same essential job functions are equally competent and qualified then seniority shall be used to determine which employee(s) are laid off. iii. Layoffs shall be made separately in the supervisory and non-supervisory bargaining units; provided, however, that a supervisory employee who is to be laid off may "bump" a non-supervisory employee and return to non- supervisory status if the supervisory employee is more competent and qualified to perform the non-supervisory position. In the event the Employer finds it necessary and desires to reduce its staff by laying-off employees, it shall do so by job classification and shift and use the following process: 1. The Employer shall identify the positions it has determined that a supervisory employee staff reductions need to be implemented as well as the number of hours per (or number of shifts per) pay period to be eliminated. The least senior employee(s) beginning with per diem/on call, then part-time, then full-time in the affected job class, whose regularly scheduled hours are within the number identified for reduction on the shift and a non-supervisory employee unit identified for the reduction, will be displaced from their positions first. Notice shall also be sent to the employees within the affected job class on all units and shifts who have less seniority than the employees who are equally competent and qualified being initially displaced from their positions advising them that, they may be subjected to fill a non-supervisory position layoff and/or displacement from their current positions, depending upon the employee with greater seniority "bumping" decisions made by more senior displaced employees. Such written notice shall be retained. ivsent as expeditiously as possible but at least sixty (60) calendar days in advance of the effective date of the proposed layoff and shall identify the effective date of layoff. An employee who has been laid off may give The notice to County that the employee wishes to be considered for rehire. The employee Union shall leave his/her name, current address, and telephone number on file with also include the Sheriff and the County's Human Resources Department. It is the employee's obligation to provide the Sheriff and the County's Human Resources Department with any address changes. Any laid off employee shall be considered for rehire for a period not to exceed twelve months from the date names of lay off. In the event that a job opportunity shall arise in the employee's former classification, or a lesser classification, for which the employee is qualified, the laid off employee shall be given first consideration for rehire before other persons who have filed applications for employment in the vacant position. The laid off employee is not entitled to automatic rehire; as in all other hiring decisions County will employ the candidate who appears to be most competent and best qualified. v. For the purpose of this section, seniority is the total length of continuous full time paid employment with the Sheriff’s Office as a sworn law enforcement officer. vi. The County shall provide thirty (30) calendar days’ notice to employees who are subject to layoffs under being displaced by the provisions layoff and indicate whether there were specific needs the Employer has deemed to be sufficient qualifications factors to override a senior employee's seniority. A current seniority list of all bargaining unit employees shall be provided with the layoff notice. 2. Upon the Union's request, the Employer and the Union shall meet as soon as practical following receipt of the Notice of Layoff to review any potential alternatives to layoff as well as the layoff process and the options available to employees displaced by the layoff to bump into positions of the least senior employees as provided in this Section. 3. As soon as practical prior to the effective date of the layoff, the Employer and a Union representative shall meet with each employee whose position has been identified for reduction to provide the employee with his/her "bumping" options, beginning with the most senior employee. 4. Beginning with the most senior employee whose position has been identified for reduction/ elimination, employees will be offered the opportunity to elect to "bump" into or displace less senior employees in other job classifications for which they are qualified. Employees who opt to transition to a lower rate position that pays less than their former classification will receive a decrease in pay. If they are displaced to a higher rate position they will receive the higher rate of pay. a. When presenting options, employee names will not be associated with their positions. Employees making selection decisions will only see scheduled hours/pay period, unit and shift associated with positions they may consider bumping into. b. Displaced employees may look to bump into any position for which they are qualified. If that employee's position does not have as many regularly scheduled hours/pay period as the Displaced employee's position, the Displaced employee may accept a partial layoff, or c. Displaced employees may take a voluntary layoff until such time a position comes available. d. Employees shall be considered to be "Displaced" either if their positions were identified for reduction/elimination, or if a senior employee "bumped" into their position. Once displaced, an employee will be advised of his/her "bumping" options in order of his/her seniority along with all other displaced employees. e. A position shall be considered to have equivalent regularly scheduled hours if there is not more than eight (8) hours per pay period difference in the number of regularly scheduled hours. f. Probationary employees shall not be eligible for bumping under this Section, except in the event of a fiscal emergencyprovision.

Appears in 1 contract

Sources: Labor Agreement

Layoff Process. i. a. In the event of a layoff or reduction in force due to lack of funds or lack or of work, the order of layoff shall be casual workers, temporary employees, or probationary employees shall be laid off firstemployees, and then regular full-time employees. ii. b. If it is necessary to lay off permanent employeeslayoff regular employees and two (2) or more employees are equally competent and qualified, employees determined then seniority shall be used to determine which employee(s) are to be laid-off. Seniority is the total length of continuous full-time paid employment with the County. Employees adjudged the least competent and least qualified shall be laid off first. c. County-wide Layoff Re-employment List of Bargaining Unit Positions 1) A County-wide re-employment list shall be established for employees affected by layoffs. Such a list shall take priority over departmental and other re-employment, or employment lists in the event of rehiring. If the employee refuses an offer of re- employment, the employee shall be removed from the list. 2) On re-employment from a layoff list, if returned within two or more employees who perform (2) years, the employee shall be reinstated to the classification and wage held at the time of layoff. The length of time for the re-employment from a layoff list as stated above, will be changed to two (2) years during the term of this Agreement. Upon expiration of this Agreement, unless mutually agreed by both parties, the re- employment layoff list will revert back to one (1) year. If conditions have so changed that it is not possible to reinstate the employee in the same essential job functions are equally competent and qualified then seniority classification, the employee shall be used reinstated in the classification and wage that is most nearly comparable to determine which employee(s) are the employee’s original classification and wage as is possible under the circumstances. Any unused sick leave accrual shall be reinstated to the employee. Reinstated employees will return to accrual rates for sick and annual leave time at the rate they were accruing when laid off. iii. Layoffs shall be made separately in the supervisory and non-supervisory bargaining units; provided, however, that a supervisory employee who is to be laid off may "bump" a non-supervisory employee and return to non- supervisory status if the supervisory employee is more competent and qualified to perform the non-supervisory position. In the event that a supervisory employee and a non-supervisory employee are equally competent and qualified to fill a non-supervisory position the employee with greater seniority shall be retained. iv. 3) An employee who has been laid laid-off may give notice to County that the employee wishes to shall be considered responsible for rehire. The employee shall leave his/her name, current address, and telephone number on file with the Sheriff and providing the County's ’s Human Resources Department. It is the employee's obligation to provide the Sheriff and the County's Human Resources Department Manager with any address changes. Any laid off employee shall be considered for rehire for a period not to exceed twelve months from the date of lay off. In the event that a job opportunity shall arise in the employee's former classification, or a lesser classification, for which the employee is qualified, the laid off employee shall be given first consideration for rehire before other persons who have filed applications for employment in the vacant position. The laid off employee is not entitled to automatic rehire; as in all other hiring decisions County will employ the candidate who appears to be most competent and best qualifiedchange. v. For the purpose of this section, seniority is the total length of continuous full time paid employment with the Sheriff’s Office as a sworn law enforcement officer. vi. The County shall provide thirty (30) calendar days’ notice to employees who are subject to layoffs under the provisions of under this Section, except in the event of a fiscal emergency.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Layoff Process. i. ‌ 1. The City will make every effort to accommodate those employees who may be subject to layoff through the process of normal attrition. In the event of the reduction of the work force, existing vacancies shall be used to the maximum extent possible to relocate affected employees, regardless of departmental jurisdiction, provided, however, no Lieutenant shall be transferred to another department or classification, except a layoff or reduction previously held classification pursuant to bumping rights below, without their consent. 2. If there is a layoff, Police Lieutenants have the right to return to their most recent prior classification, if any, at their option. 3. Individuals with the least seniority in force due to lack the classification of funds or lack or work, temporary or probationary employees Police Lieutenant shall be laid off first. ii4. If it Employees who, in order to avoid being laid off, accept voluntary demotion shall be compensated in the established salary range of the class into which they transfer at the step nearest to, but not greater than, that received in their former classification. The employee's rate of pay shall be changed at the time that the reassignment is necessary made or new duties and responsibilities are assumed and the employee shall retain the previous employment date for purposes of step advancement. 5. Employees who accept voluntary demotion shall be eligible at any time for reappointment to lay off permanent employeestheir previous classification on the basis of the inverse order of layoff (i.e., employees determined last Lieutenant demoted is first person re-promoted) when openings occur in the Lieutenant rank Rejection of a reappointment offer shall terminate eligibility for future consideration. 6. Employees who cannot be placed, and must be laid off, shall have their names placed on a reemployment list and shall be eligible as follows: a) To compete in promotional examinations for which they are qualified for a period of 12 months. b) To hold reemployment rights for a period of 12 months and be eligible for any vacancies which may occur during this period in the classification held by the employee in the department where the layoff occurred, provided that the employee is able to be perform the least competent and least qualified shall duties of the job. 7. Any employee who must be laid off first. If two or more employees who perform shall receive a severance pay benefit based on the same essential job functions are equally competent and qualified then seniority following considerations: (Should it be determined that the City of Pasadena is required to participate in Unemployment Compensation Insurance, negotiations shall be used reopened on this issue only and severance pay shall be reduced concurrent with the availability of unemployment compensation to determine which employee(semployees in this unit.) a) are laid offSeverance pay shall be at the rate of 60% of the employee's current monthly base salary. The employee will be entitled to one monthly payment for each year of continuous, regular employment, to a maximum of six payments. iii. Layoffs b) Severance payments shall be made separately in prepared with the supervisory regular payroll and non-supervisory bargaining units; provided, however, that a supervisory employee who is to be laid off may "bump" a non-supervisory employee and return to non- supervisory status if paid at the supervisory employee is more competent and qualified to perform the non-supervisory position. In the event that a supervisory employee and a non-supervisory employee are equally competent and qualified to fill a non-supervisory position the employee with greater seniority shall be retained. iv. An employee who has been laid off may give notice to County end of each month that the employee wishes to be considered has not been recalled for rehire. The employee shall leave the duration of his/her namebenefit. c) Employee must have completed at least one year of service before being entitled to this benefit. d) If the layoff period is for less than one month, current addressthe employee shall receive a benefit proportional to the length of time of the layoffs. e) Employees who are laid off will be given the following considerations with regard to their other accumulated benefits: 1) Employees will not continue to accumulate any longevity-based benefit during the period that they are laid off but will retain any benefits accumulated to the date of layoff. Employee retirement benefits cease at the time of, and telephone number on file with the Sheriff and the County's Human Resources Department. It is the employee's obligation to provide the Sheriff and the County's Human Resources Department with any address changes. Any laid off will not be paid during, a layoff period. 2) The employee shall be considered for rehire may remain in a layoff status for a period not to exceed twelve months maximum of 12 months. If the employee is recalled during this time, reinstatement will be made and all rights and benefits will be restored as a regular employee from the date of lay offhis/her first appointment within the period of the most recent continuous service, with an appropriate adjustment for the time that was not actually worked on the job. 3) The laid-off employee will have the option of receiving payment for any accumulated vacation and/or sick leave, within the provisions of the respective policies, at any time during the layoff period. Such payments will be made in one sum and will be independent of any severance pay received. 4) Employees who claim payment for accumulated vacation and/or sick leave and are subsequently recalled, will begin re-accumulating the claimed benefit(s) on the date that they report back to work. 5) Laid-off employees, who are not recalled within the 12-month period, will be completely separated from City service and will automatically receive payment for any accumulated vacation or sick leave which has not been previously claimed. f) In the event that of death of an employee while receiving severance pay, such payment shall not continue to employee's beneficiaries, such payment shall cease. g) Employees laid off and given an opportunity to return to a job for which they are qualified shall be allowed a maximum of 14 calendar days after such notification to make themselves available. If an employee refuses such an opportunity to re- employment, the employee will be removed from the reemployment list. h) Severance benefit payments shall arise in cease when the laid-off employee returns to work with the City or obtains another full-time position. 1) Provisions of this section pertaining to severance pay shall not apply to those employees whose layoff was necessitated by the City's inability to meet payroll. 8. Employees who: (a) may be transferred, (b) accept a voluntary demotion, (c) are reemployed by the City, shall meet the job requirements of the class into which they are placed. 9. Questions on seniority status, which affect retention and are influenced by previous reclassification actions, shall be adjudicated by the Director of Human Resources. 10. When computing an employee's former classificationmost recent continuous service and applicable severance payment, or a lesser classification, for which the employee is qualified, the laid off employee shall previous layoffs and any payments thereto will be given first consideration for rehire before other persons who have filed applications for employment in the vacant positiondisregarded. 11. The laid off employee is not entitled to automatic rehire; as in all other hiring decisions County will employ the candidate who appears to be most competent terms and best qualified. v. For the purpose conditions of this section, seniority is the total length of continuous full time paid employment with the Sheriff’s Office layoff policy will not be used as a sworn law enforcement officersubstitute for disciplinary action against any employee. vi. The County shall provide thirty (30) calendar days’ notice to employees who are subject to layoffs under the provisions of under this Section, except in the event of a fiscal emergency.

Appears in 1 contract

Sources: Memorandum of Understanding