REDUCTION IN THE WORK FORCE Clause Samples
The 'Reduction in the Work Force' clause outlines the procedures and conditions under which an employer may decrease the number of employees, typically due to economic necessity, restructuring, or other business reasons. This clause often specifies the criteria for selecting employees for layoff, such as seniority, performance, or job classification, and may detail notice requirements, severance pay, or recall rights. Its core practical function is to provide a clear and fair process for workforce downsizing, minimizing disputes and ensuring both employer and employee understand their rights and obligations during such events.
REDUCTION IN THE WORK FORCE. 18.01 - Pre-Reduction in Force Action
REDUCTION IN THE WORK FORCE. In the event the District reduces staff in the Union, the least senior individual within the classification affected will be reduced first. Classifications are defined as civil service titles. For purposes of this article only, District seniority shall be defined as the total length of service the unit member has accrued in the District, adjusted for any breaks in service and/or unpaid leaves of absence. The following rules shall apply:
1. Temporary, casual and part-time appointments will be laid off first in the applicable classification.
2. The least senior employee within the classification affected will be laid off first and remaining layoffs will be made in inverse order of seniority.
3. The District will notify the affected employee 30 days prior to the layoff where possible.
4. A recall list will be established for each title/classification abolished. The order of the list will be based on total years of service at the District.
5. Names of unit members working in Non-Competitive or Labor Class positions affected by a reduction in work force will remain on the recall list for one year from the date of notice to the employee of the layoff. The employee’s name will be automatically removed upon expiration of one year.
6. The employee will have one calendar week from the date of the notice to respond to the written notice of a vacant position. The employee’s failure to respond in writing within one calendar week to accept the vacant position will be construed as non-acceptance, the employee’s name will be immediately removed from the recall list, and the District has no other obligations to the employee. The employee’s name will be removed from the list if the employee accepts a temporary, casual, part-time or full-time position. If the employee does not accept the recall at the time it is offered, his/her name shall be removed from the recall list.
7. This Article is not applicable to a voluntary or involuntary reduction to a part-time position.
8. Unit members appointed to competitive Civil Service positions will follow Civil Service regulations for seniority, layoff and recall purpose.
9. In the event of a forced layoff, the District shall make an effort to absorb the employees in other areas of the District.
REDUCTION IN THE WORK FORCE. In the event a reduction in the work force is necessary, the Board agrees that it will, where possible, do so by attrition.
REDUCTION IN THE WORK FORCE. (a) In the event of a reduction in the work force, the Union and the Employer will meet to discuss voluntary options such as, but not limited to, early retirement and job sharing. During the layoff notice period, Employees may utilize up to ten (10) hours per week to pursue other employment opportunities and may use the Employer’s equipment for any preparation for the same. Any additional time needed may be discussed with the Employee’s supervisor.
(b) Laid-off Employees with more than one (1) year’s seniority shall retain their seniority and perquisites accumulated up to the time of layoff for a period of one (1) year and will be rehired on the basis of “last off-first on” if the Employee possesses the capability of performing the duties of the vacant job. Laid-off Employees failing to report for work of an ongoing nature within seven (7) calendar days of the date of receipt of notification by registered mail shall be considered to have abandoned their right to re-employment. Employees requiring to give two (2) weeks’ notice to another Employer shall be deemed to be in compliance with the seven (7) calendar day provision.
REDUCTION IN THE WORK FORCE. (a) In the event of a reduction in the work force, the Union and the Employer will meet to discuss voluntary options such as, but not limited to, early retirement and job sharing. During the lay-off notice period, employees may utilize up to ten (10) hours per week to pursue other employment opportunities and may use the employer’s equipment for any preparation for the same. Any additional time needed may be discussed with the employee’s supervisor.
(b) Laid-off employees with more than one (1) year’s seniority shall retain their seniority and perquisites accumulated up to the time of lay-off for a period of one (1) year and will be rehired on the basis of “last off-first on” if the employee possesses the capability of performing the duties of the vacant job. Laid-off employees failing to report for work of an ongoing nature within seven (7) calendar days of the date of receipt of notification by registered mail shall be considered to have abandoned their right to re-employment. Employees requiring to give two (2) weeks’ notice to another employer shall be deemed to be in compliance with the seven (7) calendar day provision.
(c) Notice of Lay-off The Employer shall give regular employees the following written notice of lay-off or normal pay for the period in lieu of notice:
(1) less than two (2) years’ seniority - 31 calendar days;
(2) two (2) or more years’ seniority but less than three (3) years’ seniority -two (2) calendar months
(3) three (3) or more years’ seniority but less than four (4) years’ seniority -three (3) calendar months
(4) four (4) or more years’ seniority but less than five (5) years’ seniority -four (4) calendar months
(5) five (5) or more years’ seniority - six (6) calendar months
(d) Where operational requirements, arising from a strike, demand the temporary lay-off of staff, the above notice of lay-off shall not apply.
REDUCTION IN THE WORK FORCE. When a reduction in the number of drivers employed in a full-time, year-round position in any depot becomes necessary, the rule of seniority shall apply. The junior driver or drivers will be the first laid off, subject to the following:
REDUCTION IN THE WORK FORCE. 12 33.1 If the District determines that a reduction in force is necessary, the following 13 procedures shall apply:
15 33.1.1 Retention of staff shall be by seniority where ability and qualifications are 16 substantially equal and the employee possesses the required job skills and 18 require a job related skills test for designated positions. This section is not 19 subject to the grievance procedure described in Article 38 of this 20 Agreement.
22 33.1.2 The District will meet with designated SESPA representatives to review 23 the seniority list, the positions to be eliminated, the positions to be reduced 24 in hours, the open positions, and the choices to be offered to affected 25 employees in seniority order. 26
27 33.1.3 In the event of a reduction in force, employees surplused will be given 28 written notice at thirty (30) calendar days prior to the effective date of
REDUCTION IN THE WORK FORCE. The language in this Article continues unchanged from the previous Agreement except for minor housekeeping changes.
18.01 Pre-Reduction in Force Action
REDUCTION IN THE WORK FORCE. When a reduction in the number of drivers employed in a full-time, year-round position in any depot becomes necessary, the rule of seniority shall apply. The junior driver or drivers will be the first laid off, subject to the following:
(a) A driver laid off may elect to exercise his/her seniority to be placed on the recall list in his/her seniority or may elect to exercise his/her seniority in another depot providing the following conditions are satisfied:
(i) the driver has been actually working at the depot from which he/she is laid off for four (4) consecutive months;
(ii) the work which is available at the other depot is work for which the driver is presently qualified or can become qualified, to the Company's satisfaction, within three (3) working days.
REDUCTION IN THE WORK FORCE. The District shall determine the educational program and services for the District based upon the educational goals of the District and the financial resources available for the following school year. Prior to May 15 of each year, the District shall determine whether the financial resources of the District will be adequate to permit the District to maintain its employee staffing levels and its educational programs and services substantially at the same levels for the following school year, except for, years in which a biennial budget has not passed by the Legislature by May 15, the District may give notice of nonrenewal on or before June 15. When it is determined that such financial resources are not reasonably assured for the following school year, the District shall adopt a reduced educational program which takes into consideration the procedures set forth below. These procedures shall also be applied to identify those employees who will be retained to implement such reduced programs and those employees, if any, who must be nonrenewed.