Common use of Procedure of Layoff Clause in Contracts

Procedure of Layoff. If the School District determines the number of employees within a position needs to be reduced based on workload, funding, reorganization, reduction in student population, changes in curriculum, economic financial conditions, or other lawful reasons, the following layoff and recall procedures shall apply: 1. Layoffs shall be made by position, as defined in the Recognition Clause of this Agreement; a. Employees will not have bumping rights outside of the Work Group of the position they held at the time of layoff, as defined in the Recognition Clause of this Agreement, unless the employee previously held a position in the other Work Group within the two (2) years immediately preceding the layoff and is fully qualified to return to the position. This provision does not create any bumping rights to any other positions in the other Work Group except those positions an employee previously held and for which the employee is fully qualified. b. For the purpose of layoff and recall, employees will be permitted to be reassigned within their specialized sub group provided that they have the qualifications to do so and they will maintain their current wage rate and benefits unless the new starting wage and benefits are higher. c. Anyone whose position has been eliminated and who chooses to accept a position outside of their work group will be paid according to the wage scale of the group to which they have chosen to move. 3. Layoff decisions will be based on seniority within the affected position. Employees initially selected for layoff shall have the right to bump into other positions within their Work Group or other positions they previously held with the School District provided they have greater district-wide seniority and are fully qualified to perform the work of the position into which they elect to bump;

Procedure of Layoff. ‌ If the School District determines the number of employees within a position needs to be reduced based on workload, funding, reorganization, reduction in student population, changes in curriculum, economic financial conditions, or other lawful reasons, the following layoff and recall procedures shall apply: 1. Layoffs shall be made by position, as defined in the Recognition Clause of this Agreement; a. 2.a. Employees will not have bumping rights outside of the Work Group of the position they held at the time of layoff, as defined in the Recognition Clause of this Agreement, unless the employee previously held a position in the other Work Group within the two (2) years immediately preceding the layoff and is fully qualified to return to the position. This provision does not create any bumping rights to any other positions in the other Work Group except those positions an employee previously held and for which the employee is fully qualified. b. 2.b. For the purpose of layoff and recall, employees will be permitted to be reassigned within their specialized sub group provided that they have the qualifications to do so and they will maintain their current wage rate and benefits unless the new starting wage and benefits are higher. c. 2.c. Anyone whose position has been eliminated and who chooses to accept a position outside of their work group will be paid according to the wage scale of the group to which they have chosen to move. 3. Layoff decisions will be based on seniority within the affected position. Employees initially selected for layoff shall have the right to bump into other positions within their Work Group or other positions they previously held with the School District provided they have greater district-wide seniority and are fully qualified to perform the work of the position into which they elect to bump; 4. Employees who are laid off shall receive 15 days notice of such layoff by mailing a letter to their address on file with the Board. For Adult Education employees, layoff which occur between the start of the school year and within 30 days of the count day for Adult Education Terms, will be exempt from this advance notice provision. 5. Layoffs may occur at any time the Board deems necessary; provided the Board gives 15 days notice. 6. An employee who is laid off shall have rights to be recalled for two (2) years from his/her last day of work to positions within his/her Work Group or such other positions the employee previously held outside his/her Work Group for which he/she is fully qualified. An employee will not have a right of recall to positions outside of his/her Work Group unless he/she previously held a position outside this Work Group within the two (2) years immediately preceding the date of the layoff and is fully qualified for that position. This provision does not create any recall rights to any position in the other Work Group which the employee did not previously hold as provided herein; 7. Employees will be recalled from layoff to available positions within their Work Group in the order of their district wide seniority, if they are both fully qualified and, if required, certified, for the position. The Board shall have discretion to determine whether an employee is fully qualified and certified for purposes of bumping and recall from layoff, subject only to the Union’s right to grieve that determination as provided in the Grievance procedure; 8. For purposes of recall only, positions held by employees will be divided into three groups, namely Group 1 positions which require 35 or more hours per week, Group 2 positions which require 30 hours but less than 35 hours per week, and Group 3 positions which require less than 30 hours per week. An employee that rejects or accepts recall to a position in a Group which requires less hours per week than the position they held when laid off will not forfeit their recall rights to a position in another Group requiring more hours per week than that which they accepted or rejected, and the School District will not challenge an employee’s continued receipt of unemployment compensation benefits, if applicable; 9. Employees being recalled will be given fifteen (15) calendar days from the date of mailing a certified letter of recall to their last address on file with the Board to indicate their acceptance or rejection of reemployment. The Local Union Chairperson shall receive written notice of any employees being recalled. Failure to respond within the fifteen (15) day period will end an employee’s recall rights to any position covered by this Agreement unless there are extenuating circumstances justifying the failure to respond, in which case the right to be recalled is only waived as to the particular position offered the employee at the time the employee failed to respond. It is the obligation of the laid off employee to keep the School District advised of any change of address for purposes of sending any recall notice to the employee; 10. For purposes of layoff and recall only, the three (3) Union Bargaining committee members shall be the first three employees on the seniority list for their respective classifications. The Union Chairperson shall be first on the seniority list for his/her classification.

Procedure of Layoff. If 1. The College shall determine the School District determines the number of employees within positions(s) to be reduced. a. When there is more than one employee in a position selected for reduction, layoffs shall be in reverse order of seniority subject to the order listed in Section B above, except where a lower seniority employee possesses special certification(s) or other skills and ability that the college needs to be reduced based on workload, funding, reorganization, reduction in student population, changes in curriculum, economic financial conditions, or other lawful reasonsretain. However, the following layoff and recall procedures shall apply: 1. Layoffs shall be made by position, as defined in the Recognition Clause of this Agreement; a. Employees will not have bumping rights outside of the Work Group of the position they held at the time of layoff, as defined in the Recognition Clause of this Agreement, unless the more senior employee previously held a position in the other Work Group within the two (2) years immediately preceding the layoff and is fully qualified to return to the position. This provision does not create any bumping rights to any other positions in the other Work Group except those positions an employee previously held and for which the employee is fully qualified. b. For the purpose of layoff and recall, employees will be permitted to be reassigned within their specialized sub group provided that they have the qualifications to do so and they will maintain their current wage rate and benefits unless the new starting wage and benefits are higher. c. Anyone whose position has been eliminated and who chooses to accept a position outside of their work group will be paid according to the wage scale of the group to which they have chosen to move. 3. Layoff decisions will be based on seniority within the affected position. Employees initially selected for layoff shall have the right to bump into other positions within their Work Group obtain or demonstrate the needed certification(s) or other special skills and ability prior to the effective date of the layoff in order to retain employment. b. When there is only one employee in a position selected for layoff, that employee will be laid off. c. Except as set forth in Section F, employees who have been notified of layoff will be entitled to bumping and recall rights, in accordance with Sections D and E below. 1. Vacant positions that the College has decided to fill shall be first offered to employees who have been notified of layoff in the order of their bargaining unit seniority as long as: • the vacant position is in the same or lower grade, as set forth in Appendix B; and • they previously held with are determined to have the School District provided they have greater district-wide seniority qualifications, skills and are fully qualified ability to perform the work duties of the position. Employees will be required to submit a written resume describing their experience, education, training and/or other relevant information supporting their qualifications, skills and ability to perform the duties of the position into which they elect to bump;Human Resources within a reasonable time period specified by Human Resources. Employees who are offered a vacant position shall be placed on probationary status for a period of three (3) months unless the employee has occupied the position within the preceding five (5) years and successfully completed probation. The probationary period may be extended for an additional three (3) month period. In the event the College determines that the employee is not satisfactorily performing the duties of their new position at any time during their probationary period, the employee will be laid off and placed on the recall list. In the event that more than one laid off employee is qualified for the position, the employee with the greatest bargaining unit seniority shall be offered the position first and continuing in that order. 2. An employee may voluntarily request to be substituted for another employee in the same job position and FTE status who has been notified of layoff. All such requests are subject to approval at the discretion of Human Resources. An employee approved for voluntary layoff will waive all layoff, bumping and recall rights.