Common use of Layoff Recall Clause in Contracts

Layoff Recall. Section 1 - Layoff When a reduction in the bargaining unit working force is necessary, bargaining unit members shall be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: (a) Probationary bargaining unit members in the classification of the layoff will be laid off first. (b) When additional layoffs in the classification are necessary the bargaining unit member with the least seniority in such classification will be the first laid off. (c) Bargaining unit members who would otherwise be laid off pursuant to paragraph (b) above may request that they be retained in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within the same seniority grouping, they may elect to bump the least senior employee in such seniority grouping who is in one of such equal or lower paid classifications. For example, if the least senior aide in the Instructional Aide Seniority Grouping is in the Classroom Aide classification, a more senior aide in the Chapter I Aide classification who would otherwise be laid off may elect to bump such least senior Chapter I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within three

Layoff Recall. Section 1 - Layoff 1. When the City determines that a reduction layoff is necessary within any department, the department head shall determine which positions in the bargaining unit working force is necessary, bargaining unit members shall department are to be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: (a) Probationary bargaining unit members in eliminated and the classification of employees within the layoff department will be laid off firstby classification in inverse order of seniority as designated below. Section 2. Employees affected by layoff who have the requisite seniority, skill, and ability shall bump laterally or downward under the following conditions: A. The affected employee must have the requisite skill and ability to perform the work available. Determination of the ability to perform the work available shall be made by the Director of Human Resources. An employee shall have the right to grieve such determination. B. Employees will not have placement rights to positions higher than their regularly assigned classification’s pay range. Section 3. Bumping and layoff procedures shall be in the following manner: A. When an employee is affected by layoff, the employee shall bump laterally or downward into the next lower classification covered by this Agreement within the classification series within the department, provided the employee has more Departmental Seniority than the employee with the least Departmental Seniority in that classification. If such a bump is not available, the employee shall bump into any other lower classification covered by this Agreement in the same classification series within the department using the same procedure. B. If the affected employee, due to lack of seniority or ability to perform the work, is unable under Section 3 (bA) above to bump into a lateral or lower classification, the employee shall bump laterally or downward into any classification previously held in the department covered by this Agreement using the seniority procedure specified in (A) above. If such a bump is not available, the employee shall bump into any lower level classification covered by this Agreement in the department and classification series of the position previously held using the same procedure. C. If the affected employee is unable under Section 3 (A) and (B) above to bump into a position, he/she shall be assigned to any Bargaining Unit position vacancy which is the same or less than the employee's regularly assigned classification pay range. When additional layoffs there are no remaining authorized vacancies, any remaining displaced employee shall replace the employee with the least City Seniority then working in any Bargaining Unit position which is the same or less than the employee's regularly assigned classification pay range. The replacing employees shall be paid in accordance with the provisions of Sections 5.1 and 5.2. D. A displaced employee shall be assigned to a vacant position in the classification are necessary before bumping an incumbent employee from that classification. If the bargaining unit member with employee declines to accept the least seniority in such classification assignment, the employee shall be immediately placed on layoff. E. Employees exercising bumping privileges shall be given up to twenty (20) working days to prove their ability to perform the work available. In the event an employee is unable to perform the work available, the employee will be the first laid off. F. If an employee is displaced into a position in a classification or classification series which he/she has not previously held, he/she must successfully complete the probationary period for that classification. Section 4. An employee shall be given fourteen (c14) Bargaining unit members who would otherwise calendar days notice of layoff. A copy of such notice shall be laid off pursuant forwarded to paragraph the Union's official address. The seniority of an employee on layoff shall be frozen as of the date of layoff and shall begin again on the date the employee returns to work. Section 5.1 When, as a result of a reduction of force as provided in Section 2, an employee is assigned to a position within the "home" department with a lower pay range, the employee's rate of pay shall be maintained without reduction for thirteen (b13) above may request that they pay periods. Thereafter, the employee shall be retained paid the appropriate rate of pay which is closest to his/her present rate of pay. However, if such employee has eight (8) or more years of service as of the date of reassignment in the employee's "home" department and the employee's current rate of pay is higher than the maximum of the range for the position to which assigned, the employee's current rate of pay shall be maintained for twenty-six (26) pay periods. Thereafter, the employee shall be placed at the maximum of the appropriate pay range. Section 5.2 A displaced employee assigned to a position in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower department shall be paid classification within the same seniority grouping, they may elect to bump the least senior employee in such seniority grouping who is in one of such equal or lower paid classifications. For example, if the least senior aide in the Instructional Aide Seniority Grouping appropriate pay range at the rate of pay which is in the Classroom Aide classification, a more senior aide in the Chapter I Aide classification who would otherwise be laid off may elect closest to bump such least senior Chapter I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside his/her present rate of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within threepay.

Layoff Recall. Section 1 - Layoff 1. When the City determines that a reduction layoff is necessary within any department, the department head shall determine which positions in the bargaining unit working force is necessary, bargaining unit members shall department are to be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: (a) Probationary bargaining unit members in eliminated and the classification of employees within the layoff department will be laid off firstby classification in inverse order of seniority as designated below. Section 2. Employees affected by layoff who have the requisite seniority, skill, and ability shall bump laterally or downward under the following conditions: A. The affected employee must have the requisite skill and ability to perform the work available. Determination of the ability to perform the work available shall be made by the Director of Human Resources. An employee shall have the right to grieve such determination. B. Employees in non-exam positions will have placement rights only to non-exam positions. Employees in exam positions will have placement rights to exam and non-exam positions, in accordance with the classification series referenced in Appendix I. C. Employees will not have placement rights to positions higher than their regularly assigned classification’s pay range. Section 3. Bumping and layoff procedures shall be in the following manner: A. When an employee is affected by layoff, the employee shall bump laterally or downward into the next lower classification covered by this Agreement within the classification series within the department, provided the employee has more Departmental Seniority than the employee with the least Departmental Seniority in that classification. If such a bump is not available, the employee shall bump into any other lower classification covered by this Agreement in the same classification series within the department using the same procedure. B. If the affected employee, due to lack of seniority or ability to perform the work, is unable under Section 3 (bA) above to bump into a lateral or lower classification, the employee shall bump laterally or downward into any classification previously held in the department covered by this Agreement using the seniority procedure specified in (A) above. If such a bump is not available, the employee shall bump into any lower level classification covered by this Agreement in the department and classification series of the position previously held using the same procedure. C. If the affected employee is unable under Section 3 (A) and (B) above to bump into a position, he/she shall be assigned to any Bargaining Unit position vacancy which is the same or less than the employee's regularly assigned classification pay range. When additional layoffs there are no remaining authorized vacancies, any remaining displaced employee shall replace the employee with the least City Seniority then working in any Bargaining Unit position which is the same or less than the employee's regularly assigned classification pay range. The replacing employees shall be paid in accordance with the provisions of Sections 5.1 and 5.2. D. A displaced employee shall be assigned to a vacant position in the classification are necessary before bumping an incumbent employee from that classification. If the bargaining unit member with employee declines to accept the least seniority in such classification assignment, the employee shall be immediately placed on layoff. E. Employees exercising bumping privileges shall be given up to twenty (20) working days to prove their ability to perform the work available. In the event an employee is unable to perform the work available, the employee will be the first laid off. F. If an employee is displaced into a position in a classification or classification series which he/she has not previously held, he/she must successfully complete the probationary period for that classification. Section 4. An employee shall be given fourteen (c14) Bargaining unit members who would otherwise calendar days notice of layoff. A copy of such notice shall be laid off pursuant forwarded to paragraph the Union's official address. The seniority of an employee on layoff shall be frozen as of the date of layoff and shall begin again on the date the employee returns to work. Section 5.1 When, as a result of a reduction of force as provided in Section 2, an employee is assigned to a position within the "home" department with a lower pay range, the employee's rate of pay shall be maintained without reduction for thirteen (b13) above may request that they pay periods. Thereafter, the employee shall be retained paid the appropriate rate of pay which is closest to his/her present rate of pay. However, if such employee has eight (8) or more years of service as of the date of reassignment in the employee's "home" department and the employee's current rate of pay is higher than the maximum of the range for the position to which assigned, the employee's current rate of pay shall be maintained for twenty-six (26) pay periods. Thereafter, the employee shall be placed at the maximum of the appropriate pay range. Section 5.2 A displaced employee assigned to a position in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower department shall be paid classification within the same seniority grouping, they may elect to bump the least senior employee in such seniority grouping who is in one of such equal or lower paid classifications. For example, if the least senior aide in the Instructional Aide Seniority Grouping appropriate pay range at the rate of pay which is in the Classroom Aide classification, a more senior aide in the Chapter I Aide classification who would otherwise be laid off may elect closest to bump such least senior Chapter I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside his/her present rate of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within threepay.

Layoff Recall. Section 1 - Layoff When a reduction in the bargaining unit working force is necessary, bargaining unit members shall be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: (a) Probationary bargaining unit members in the classification of the layoff will be laid off first. (b) When additional layoffs in the classification are necessary the bargaining unit member with the least seniority in such classification will be the first laid off. (c) Bargaining unit members who would otherwise be laid off pursuant to paragraph (b) above may request that they be retained in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within the same seniority grouping, they may elect to bump the least senior employee in such seniority grouping who is in one of such equal or lower paid classifications. For example, if the least senior aide in the Instructional Aide Seniority Grouping is in the Classroom Aide classification, a more senior aide in the Chapter Title I Aide classification who would otherwise be laid off may elect to bump such least senior Chapter Title I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within three

Layoff Recall. Section 1 - 12.1 When circumstances arise that may result in restructuring of programs giving rise to possible Layoffs, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. 12.2 In the event of ▇▇▇▇▇▇, the Employer will first solicit voluntary Layoffs from among the job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs will be given in reverse order of seniority within the Program Location’s job classification affected. 12.3 When an Employee has received Layoff When a reduction notice she will have the option to: a) be placed in the bargaining unit working force is necessary, bargaining unit members shall be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: (a) Probationary bargaining unit members same or higher classification for any vacant position in the classification of Association for which she possess the layoff required qualifications and ability to perform the work. If two (2) or more people have relatively equivalent qualifications and ability to perform the work, then seniority will be laid off first.apply or (b) When additional layoffs in the classification are necessary the bargaining unit member displace an Employee with the least less seniority in such classification will be the first laid off. (c) Bargaining unit members who would otherwise be laid off pursuant to paragraph (b) above may request that they be retained in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within position in the same seniority groupingAssociation for which she has the required qualifications and ability to perform the work, they may elect to bump the least senior employee or c) accept a temporary placement in such seniority grouping who is in one a position of such equal or lower paid classifications. For example, if the least senior aide classification position in the Instructional Aide Seniority Grouping is Association for which she has the required qualifications and ability to perform the work; or d) if full-time, accept placement in a vacant Regular Part Time position of equal or lower classification position in the Classroom Aide classificationAssociation for which she has the required qualifications and ability to perform the work. 12.4 In the event an Employee does not access their rights under 12.2 or 12.3, requirements for Layoff Notice will be given in accordance with the Employment Standards Act, but in no case shall less than one (1) month’s notice be given. 12.5 When a Full Time Employee who has received Layoff Notice is placed in a temporary or Part Time position, she will be considered for Full Time vacancies in priority to all other Employees. If more senior aide than one Employee is affected the order of placement will be according to seniority. 12.6 The names of Employees who are laid off will be placed on a recall list for a period of 24 months, and when vacancies occur for which they possess the qualifications will be recalled in order of seniority. A recalled Employee who does not report for work on the specified day and time without providing the Employer with a satisfactory explanation will be deemed to be no longer an Employee or a member of the Bargaining Unit in accordance with Article 11.4 (d) and will not be subject to further recall. 12.7 Leave with pay credits, including vacation, sick leave with pay; discretionary and floating holidays do not accrue during the lay off period. 12.8 It is the sole responsibility of each laid-off Employee to notify the Association and Union promptly in writing of any changes in address. If an Employee fails to do this, neither the Association nor the Union will be responsible for failure of a notice to reach such Employee. 12.9 Permanent Employees who are laid off indefinitely, voluntarily or otherwise will receive Severance Pay if they have been in the Chapter I Aide classification who would otherwise employ of the Employer for at least five (5) consecutive years without a break exceeding 30 days. Severance Pay will be laid off may elect equal to bump such least senior Chapter I Aide. If one (1) week pro-rated non-overtime pay multiplied by the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification number of years of employment to a maximum of twenty-six (within or outside of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within three26) weeks’ pay.

Layoff Recall. Section 1 - Layoff When A. Lay-offs Shall Be Made On A Division-by-Division Basis: A layoff is a reduction in temporary or indefinite termination of employment resulting from the elimination of all of a bargaining unit working force is necessary, bargaining unit members position(s) in a Division. Employees who have their seniority placed in abeyance do not have the right to bump. 1. Employees within a Division will be laid off based on seniority. Temporary employees shall be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: first. Probationary Employees with seventy (a70) Probationary bargaining unit members in the classification days of the layoff probation or less will be laid off first. second. Next, Employees who have their seniority in abeyance will be laid off followed by probationary Employees with more than seventy (b70) When additional layoffs days of probationary service completed. All other Employees within a Division shall be laid off in the classification are necessary inverse order of their seniority 2. Employees who receive a layoff notice shall have the bargaining unit member opportunity within five (5) working days to bump the Employee with the least seniority in such classification will be the first laid offsame classification, providedthe employee has the ability and qualifications to perform the work. The Employer shall determine if the Employee is qualified. (c) Bargaining unit members who would otherwise be laid off pursuant to paragraph (b) above may request that they be retained in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within the same seniority grouping, they may elect to bump 3. Once the least senior employee Employee within a classification has been bumped, bumping rights may be exercised over the lowest senior Employee in such the next lower classification, i.e. extra duty fireman to fireman. If the lowest senior Employee has more seniority grouping who is in one of such equal than the Employee being displaced or lower paid classifications. For examplebumped from the higher classification, if bumping rights may be exercised over the least senior aide Employee in the Instructional Aide Seniority Grouping is in the Classroom Aide classification, a more senior aide in the Chapter I Aide next lower classification who would otherwise be laid off may elect to bump such least senior Chapter I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within threeany.

Layoff Recall. Section 1 - 12.1 When circumstances arise that may result in restructuring of programs giving rise to possible Layoffs, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. At this point in time when members are accessing their rights under Article 12, all positions will remain as is, and all new hires and posting of vacant positions shall be suspended. 12.2 In the event of ▇▇▇▇▇▇, the Employer will first solicit voluntary Layoffs from among the job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs will be given in reverse order of seniority within the Program Location’s job classification affected. 12.3 When an Employee has received Layoff When a reduction notice she will have the option of: a) being placed in the bargaining unit working force is necessarysame or higher classification for any vacant position in Community Living Elgin (CLE) for which she possess the required qualifications and ability to perform the work. If two (2) or more people have relatively equivalent qualifications and ability to perform the work, bargaining unit members shall be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required:then seniority will apply or (a) Probationary bargaining unit members in the classification of the layoff will be laid off first. (b) When additional layoffs in the classification are necessary the bargaining unit member displacing an Employee with the least less seniority in such classification will be the first laid off. (c) Bargaining unit members who would otherwise be laid off pursuant to paragraph (b) above may request that they be retained in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within position in CLE for which she has the same seniority groupingrequired qualifications and ability to perform the work, they may elect to bump the least senior employee or c) accepting a temporary placement in such seniority grouping who is in one a position of such equal or lower paid classifications. For exampleclassification position in CLE for which she has the required qualifications and ability to perform the work; and at the end of the temporary placement shall maintain her bumping rights, or d) if full-time, accepting placement in a vacant Regular Part Time position of equal or lower classification position in CLE for which she has the least senior aide in required qualifications and ability to perform the Instructional Aide Seniority Grouping is in the Classroom Aide classificationwork. e) upon notice of ▇▇▇▇▇▇, a more senior aide in the Chapter I Aide classification who would otherwise be laid off may elect Employee will advise the Employer in writing within 3 working days (per Article 7.4) of their decision. Failure to bump such least senior Chapter I Aidenotify the Employer will be considered the employee’s decision to take a layoff and be then placed on the recall list per Article 12.6. 12.4 In the event an Employee does not access their rights under 12.2 or 12.3, requirements for Layoff Notice will be given in accordance with the Employment Standards Act, but in no case shall less than one (1) month’s notice be given. 12.5 a) When a Full Time Employee who has received Layoff Notice is placed in a temporary or Part Time position, she will be considered for Full Time vacancies in priority to all other Employees. If more than one Employee is affected the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside order of their seniority grouping), they may elect placement will be according to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within three.

Layoff Recall. 14.1 The continuity of service of those re-employed after lay-offs will be reviewed at the time of reemployment and in each case the employee will be notified if service is re-stored or broken. Continuity of service is broken and employment terminated if an employee: a) Leaves voluntarily or is discharged, b) Absents himself from duty for five consecutive days or longer without satisfactory explanation, c) Is absent because of injury or illness and fails to keep the Company notified weekly, d) Is not re-employed within one year from date of lay-off from lack of work, e) Fails to return to work, or to give a satisfactory explanation within two weeks, when notified, in accordance with Section 1 - Layoff When a reduction 14.6 14.2 In all cases of lay-off due to lack of work, the Company seniority of employees of the The Peterborough Call Centre Collective Agreement department in which the lack of work occurs will prevail in the bargaining unit first instance, provided the employees as selected to be retained are qualified and willing to do the work which is available. Employees so selected to be laid off, but only within two working force days after having received notice of lay-off may make application for transfer to a job of the same or lower classification in another department, or to a job of a higher classification in another department provided that the employee was permanently assigned to the higher rated job for at least 3 of the preceding 5 years. If, in the opinion of the management, such an employee may have the ability and qualifications to do the work and has seniority greater than the employee doing the work, that employee may be given an opportunity to prove ability to do job, but such a trial will not in any event exceed seven working days. The Unit Chair, Vice Chair, Negotiating Committee and Stewards of the Union will be accorded top highest seniority in all cases of layoff, provided, however, that the employees have at least six months continuous service and are qualified and willing to do the work which is necessary, bargaining unit members shall available. 14.3 The Management will furnish the Union with the name of each employee to be laid off as follows so long as those remaining have sufficient qualifications or transferred due to efficiently perform all work required: (a) Probationary bargaining unit members in lack of work, and if requested, will meet the classification Union to discuss lay-offs or transfers of the layoff will employee or employees concerned. 14.4 Any employee to be laid off first. (b) When additional layoffs in the classification are necessary the bargaining unit member with the least seniority in such classification due to lack of work for an extended or indefinite period of time will be given notice of at least one week. The employee will be advised personally of the first laid reason for lay-off and will also be notified as far as possible, as to duration of lay-off. (c) Bargaining unit members who would otherwise 14.5 The Union will be supplied with a list of employees hired or rehired and employees laid off pursuant to paragraph (b) above may request that they be retained or discharged, showing their occupation, department and length of continuous service. 14.6 Recall of employees with seniority will operate in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within the same seniority grouping, they may elect to bump the least senior employee in such seniority grouping who is in one reverse order of such equal or lower paid classifications. For example, if the least senior aide in the Instructional Aide Seniority Grouping is in the Classroom Aide classification, a more senior aide in the Chapter I Aide classification who would otherwise be laid off may elect to bump such least senior Chapter I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within three14.

Layoff Recall. Section 1 - Layoff When 1. In the event that a reduction in the force becomes necessary, affected employees shall have bumping rights based on their bargaining unit working force is necessaryseniority. The Town shall give each affected employee not less than two (2) weeks’ notice of layoff, bargaining unit members shall be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: (a) Probationary bargaining unit members in unless the classification cause of the layoff will be laid off first.is such to make such notice impossible. The affected employee shall have one (b1) When additional layoffs in week from the date of the layoff notice to apply for a position of same or lesser relevant classification are for which he possesses the necessary the experience, physical and skill qualifications and which is then occupied by a person with less bargaining unit member with seniority. The Town Manager shall forthwith, but no later than one (1) week from receipt of the least seniority in such classification will be application, determine whether the first laid off. (c) Bargaining unit members who would otherwise be laid off pursuant employee subject to paragraph (b) above may request that they be retained in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within layoff meets the same seniority grouping, they may elect to bump qualifications of the least senior employee in such seniority grouping who is in one of such equal or lower paid classifications. For example, if the least senior aide in the Instructional Aide Seniority Grouping is in the Classroom Aide classification, a more senior aide in the Chapter I Aide classification who would otherwise be laid off may elect to bump such least senior Chapter I Aideapplied for position. If the Town Manager determines that the employee cannot bump subject to layoff meets the least qualifications of the applied for position, the Town Manager shall forthwith give notice of layoff to the junior employee; such layoff to occur two (2) weeks from the date of the notice. Upon the effective date of the layoff of the junior employee, the senior employee within shall assume the duties of that position. The employees shall be compensated at the step in the new classification most closely approximating the employee’s previous wage, but in no event shall he be paid more than the employee’s wage in the position from which the employee was laid off. The senior employee, despite the possibility that the employee may cease to be an employee of the Town for a brief period, shall suffer no loss of seniority but shall be carried as though the employee’s service had been continuous, except that the employee’s classification seniority shall be that appropriate to the employee’s compensation step with an anniversary date running from the date on which the employee assumes the new position. Any employee who receives a notice of layoff as a result of the operation of this section shall be entitled to the same seniority grouping, but has sufficient seniority right of bumping as that enjoyed by the employee initially laid off. He may apply for a new position following the same procedure as that outlined earlier in another classification (within this section. An employee who is laid off during the last month of any fiscal year solely because of a lack of funds or outside of their seniority grouping), they may elect appropriation with which to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide pay him and whose position is included in the Instructional Aide Seniority Grouping who had previously acquired seniority budget for the following fiscal year shall not be subject to the provisions of this Article. Such an employee shall be eligible to retain membership in the Playground/Lunchroom Aide Town’s group insurance plans, provided the employee pays 102% of the actual cost, during the period of non-employee status but shall otherwise retain all seniority rights. At the start of the new fiscal year, the employee shall be rehired at previous classification couldand step with no loss of seniority or benefits. The position occupied by such employee shall not be subject to the provisions of this Agreement covering recall and posting. Section 2. Any employee who has been laid off under the provisions of Section 1 of this Article shall be entitled to recall for a period of one (1) year from the date of the employee’s last employment by the Town. Should a vacancy occur in any permanent full-time position covered by this Agreement, if they were more seniorand which the Town Manager intends to fill, elect all employees who have been on a laid-off status for less than one (1) year shall be sent notice of the vacancy by certified mail, return receipt to bump the least senior Playground/Lunchroom Aidelast known address. Bargaining unit members making such request must do so, in writing, within threeThey

Layoff Recall. Section 1 - Layoff When A. Lay-offs Shall Be Made On A Division-by-Division Basis: A layoff is a reduction in temporary or indefinite termination of employment resulting from the elimination of all of a bargaining unit working force is necessary, bargaining unit members position(s) in a Division. Employees who have their seniority placed in abeyance do not have the right to bump. 1. Employees within a Division will be laid off based on seniority. Temporary employees shall be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: first. Probationary Employees with seventy (a70) Probationary bargaining unit members in the classification days of the layoff probation or less will be laid off first. s econ d. Next, Employees who have their seniority in abeyance will be laid off followed by probationary Employees with more than seventy (b70) When additional layoffs days of probationary service completed. All other Employees within a Division shall be laid off in the classification are necessary inverse order of their seniority 2. Employees who receive a layoff notice shall have the bargaining unit member opportunity within five (5) working days to bump the Employee based on the following factors: (1) seniority status; (2) qualifications; (3) evaluation score with the least seniority in such classification will be the first laid offsame classification. The Employer shall determine if the Employee is qualified. (c) Bargaining unit members who would otherwise be laid off pursuant to paragraph (b) above may request that they be retained in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within the same seniority grouping, they may elect to bump 3. Once the least senior employee Employee within a classification has been bumped, bumping rights may be exercised over the lowest senior Employee in such the next lower classification, i.e. extra duty fireman to fireman. If the lowest senior Employee has more seniority grouping who is in one of such equal than the Employee being displaced or lower paid classifications. For examplebumped from the higher classification, if bumping rights may be exercised over the least senior aide Employee in the Instructional Aide Seniority Grouping is in the Classroom Aide classification, a more senior aide in the Chapter I Aide next lower classification who would otherwise be laid off may elect to bump such least senior Chapter I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within threeany.