REDUCTION IN WORK FORCE. The College and the Association recognize that open communication during a potential reduction in force is beneficial and agree to work together throughout the process to minimize the impact of the reduction on the individual employees and on the College. When the College determines that a reduction in the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed in the following manner: A. After a preliminary list of positions scheduled for elimination has been prepared, the College and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” process. B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below. C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the position. D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result of a reduction in force. E. The College shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective. F. Employees who have been notified they will be laid off or bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work day, to update their application materials. G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have the right to any vacancies that occur within the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this article. ▇. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade). I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other employees whose positions are reduced. J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at the end of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge. K. Upon the date of reduction from the college, the persons who have been laid off or bumped will be paid for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list. L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following: 1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniority. 2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list. 3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiring. 4. A person on the preferred hiring list who has not been re-employed by the College after the preferred hiring term shall be deemed to have been given timely notice and his/her employment will have been terminated for all purposes as of the end of that term. 5. Based on the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person to make the offer of reemployment. The offer and position description will be delivered to the affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted by the affected person within eight (8) calendar days of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals. 6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C. 7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement. M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated position. N. The College shall facilitate career counseling and consultation for the benefit of individuals who are scheduled to lose their jobs and for those on the preferred hiring list. Individuals on the preferred hiring list shall have the right to professional development funds under the same terms as classified employees who remain with the College.
Appears in 2 contracts
Sources: Classified Association Agreement, Classified Association Agreement
REDUCTION IN WORK FORCE. The College and the Association recognize that open communication during a potential reduction in force A. Any employee who is beneficial and agree to work together throughout the process to minimize the impact laid off because of the reduction on the individual employees and on the College. When the College determines that a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the work force within the bargaining unit may be necessary, the President Executive Director of Human Resources/Legal Affairs or President’s designee will meet with representatives of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed in the following manner:
A. After a preliminary list of positions scheduled for elimination has been prepared, the College and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” processher/his designee.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length In an instance of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. In the event of a reduction in force.
E. The College shall initially determine whether an employee meets layoff, the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they procedure below will be “bumped,” and shall keep followed:
1. Probationary employees assigned to the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they affected position(s) will be laid off or bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work day, to update their application materialsin an order determined by the Board.
G. As soon as the College has given notice of a reduction or bump, and prior 2. Non-probationary employees assigned to the actual date of reduction or bump, any regular employee whose position is so affected position(s) will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have laid off in the right to any vacancies that occur within reverse order of their seniority, with the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets having the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this articleleast seniority being laid off first.
▇3. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade).
I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that During a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other workforce non-probationary employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at the end of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off will first be offered any vacant positions that are the same or bumped will be paid for any unused paid leave accruals, including those above close to the normal 200 hour limit, unless he or she exercises their option same as the number of Article 23.H. to retain their paid leave during days and hours as the period that position from which they are on being laid off. The Procedure that will follow next, is an employee may at the preferred hiring list.
L. A person who has been laid off time of their layoff, displace the least senior employee within the program working the same or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from as near the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, same number of hours per week and the person meets same or as near the minimum qualificationssame number of weeks per year, he/she provided such employee has more seniority than the employee to be displaced. Employees shall not be offered permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard employee to seniority.
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiringdisplaced.
4. A person Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the preferred hiring list who has not been re-employed by sum of their accrued seniority and will be recalled in the College after reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the preferred hiring term shall be deemed to have been given timely notice and his/her employment will have been terminated for all purposes as of the end of that termjob posting procedure.
5. Based on The parties reserve the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person right during a period of reduction to make the offer of reemployment. The offer meet and position description will be delivered discuss alternative procedures to the affected person, with a copy to implementation of the Association Presidentlayoff procedure. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted Absent mutual agreement by the affected person within eight (8) calendar days parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end seniority standard for purposes of the next College Business Day. If layoff and recall procedure will in any manner compel the affected person does not respond, Board to retain or if the person declines an interview recall any personnel in any position for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, which he/she shall be entitled to is not qualified and cannot perform all employment rights the duties and College-conferred benefits enjoyed prior to reduction. In meet all the event requirements of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placementthe position as set forth in the job description.
M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a E. No position shall be considered the same position when it includes substantially the same essential duties and is added filled, except on a temporary basis, while employees entitled to essentially the same division or department as the eliminated positionrecall remain on layoff.
N. The College F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall facilitate career counseling be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and consultation will not be excused for failure to report for work upon recall if the benefit employee fails to receive a recall notice because of individuals who are scheduled her/his own failure to lose their jobs and for those on advise the preferred hiring list. Individuals on the preferred hiring list shall have the right to professional development funds under the same terms as classified employees who remain with the CollegeBoard in writing of a change of address.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN WORK FORCE. The College and the Association recognize that open communication during a potential reduction in force A. Any employee who is beneficial and agree to work together throughout the process to minimize the impact laid off because of the reduction on the individual employees and on the College. When the College determines that a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives Office of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives Executive Director of the Association, it shall proceed in the following manner:
A. After a preliminary list of positions scheduled for elimination has been prepared, the College and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” processHuman Resources/Legal Affairs or her/his designee.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length In an instance of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. In the event of a reduction in force.
E. The College shall initially determine whether an employee meets layoff, the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they procedure below will be “bumped,” and shall keep followed:
1. Probationary employees assigned to the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they affected position(s) will be laid off or bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work day, to update their application materialsin an order determined by the Board.
G. As soon as the College has given notice of a reduction or bump, and prior 2. Non-probationary employees assigned to the actual date of reduction or bump, any regular employee whose position is so affected position(s) will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have laid off in the right to any vacancies that occur within reverse order of their seniority, with the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets having the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this articleleast seniority being laid off first.
▇3. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade).
I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that During a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other workforce non-probationary employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at the end of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off will first be offered any vacant positions that are the same or bumped will be paid for any unused paid leave accruals, including those above close to the normal 200 hour limit, unless he or she exercises their option same as the number of Article 23.H. to retain their paid leave during days and hours as the period that position from which they are on being laid off. The Procedure that will follow next, is an employee may at the preferred hiring list.
L. A person who has been laid off time of their layoff, displace the least senior employee within the program working the same or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from as near the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, same number of hours per week and the person meets same or as near the minimum qualificationssame number of weeks per year, he/she provided such employee has more seniority than the employee to be displaced. Employees shall not be offered permitted to displace other employees who work more hours per week and/or more weeks per year than they do. The Board will determine and notify the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard employee to seniority.
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiringdisplaced.
4. A person Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the preferred hiring list who has not been re-employed by sum of their accrued seniority and will be recalled in the College after reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the preferred hiring term shall be deemed to have been given timely notice and his/her employment will have been terminated for all purposes as of the end of that termjob posting procedure.
5. Based on The parties reserve the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person right during a period of reduction to make the offer of reemployment. The offer meet and position description will be delivered discuss alternative procedures to the affected person, with a copy to implementation of the Association Presidentlayoff procedure. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted Absent mutual agreement by the affected person within eight (8) calendar days parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end seniority standard for purposes of the next College Business Day. If layoff and recall procedure will in any manner compel the affected person does not respond, Board to retain or if the person declines an interview recall any personnel in any position for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, which he/she shall be entitled to is not qualified and cannot perform all employment rights the duties and College-conferred benefits enjoyed prior to reduction. In meet all the event requirements of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placementthe position as set forth in the job description.
M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a E. No position shall be considered the same position when it includes substantially the same essential duties and is added filled, except on a temporary basis, while employees entitled to essentially the same division or department as the eliminated positionrecall remain on layoff.
N. The College F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall facilitate career counseling be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and consultation will not be excused for failure to report for work upon recall if the benefit employee fails to receive a recall notice because of individuals who are scheduled her/his own failure to lose their jobs and for those on advise the preferred hiring list. Individuals on the preferred hiring list shall have the right to professional development funds under the same terms as classified employees who remain with the CollegeBoard in writing of a change of address.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
REDUCTION IN WORK FORCE. The College and the Association recognize that open communication during a potential reduction in force is beneficial and agree to work together throughout the process to minimize the impact of the reduction on the individual employees and on the College. When the College determines that a reduction in the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed in the following manner:
A. After a preliminary list of positions scheduled for elimination has been prepared, the College and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” process.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event that the “bumping” employee City determines layoffs will occur, the City Manager or designee shall meet and confer with RVPFA representatives prior to the implementation of layoffs regarding the impact(s) of such layoffs. Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.75", No bullets or numbering
B. Whenever the City has determined that it is not qualified for the necessary to abolish any position occupied by or employment, layoffs shall be implemented according to departmental seniority based upon full-time hire date so that employees with the least senior employee or there is more than a 10% difference in FTE seniority within the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action department shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result of a reduction in force.
E. The College shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they will be laid off or bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work dayfirst, to update their application materials.
G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have the right to any vacancies that occur within the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College rank or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this article.
▇classification. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade).
I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that a reduction in force affecting results in the need for a special classified position is necessaryredistribution of employees from superior ranks to lower ranks, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, such reductions shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other accomplished by reducing in rank those employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at least tenure in the end of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to affected rank counting from the employee’s approval, the appraisal meeting date of promotion. Said employee(s) may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months demoted to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues any position in the assignment department in which they previously held or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on any lower classification in which the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off or bumped will be paid for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list.
L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12employee(s) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered the position. If there is more than one person on preferred hiring, who meet the minimum requirements of qualifications provided they have more seniority than the vacant positionincumbents in that classification. Formatted: Indent: Left: 0.75", the supervisor will interview the two (2) No bullets or three (3) most senior individuals and hire from this group without regard to seniority.numbering
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiring.
4. A person on the preferred hiring list who has not been re-employed by the College after the preferred hiring term shall be deemed to have been given timely notice and his/her employment will have been terminated for all purposes as of the end of that term.
5. Based on the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person to make the offer of reemployment. The offer and position description will be delivered to the affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted by the affected person within eight (8) calendar days of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement.
M. C. In the event that a position eliminated layoff or reduction in rank takes place, any affected employees shall have their names placed on a re-employment list for the classification(s) laid off or reduced from in the bargaining unit under reverse order of their layoff or reduction. Such list shall be used by the terms appointing authority to fill vacancies which occur up to two (2) years following the layoff or reduction.
D. The City shall submit the names of this article is added back any employees that have been laid-off to the unit within twelve (12) monthsCFFJAC Displaced Firefighter List. Formatted: Numbered + Level: 1 + Numbering Style: A, the person who held the position at the time it was eliminated shall be offered the re-added jobB, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraphC, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated position.
N. The College shall facilitate career counseling and consultation for the benefit of individuals who are scheduled to lose their jobs and for those on the preferred hiring list. Individuals on the preferred hiring list shall have the right to professional development funds under the same terms as classified employees who remain with the College.… + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Appears in 1 contract
Sources: Memorandum of Understanding
REDUCTION IN WORK FORCE. The College and Section 9.1. If the Association recognize that open communication during a potential reduction in force is beneficial and agree to work together throughout the process to minimize the impact of the reduction on the individual employees and on the College. When the College Employer determines that a reduction in the work force within is necessary the bargaining unit may be necessary, Employer shall notify the President or President’s designee will meet with representatives of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed in the following manner:
A. After a preliminary list of positions scheduled for elimination has been prepared, the College and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” process.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, affected employees and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with committee ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) calendar days in advance of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation effective date of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result of a reduction in force.
E. The College shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they will be laid off or bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work day, to update their application materials.
G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have the right to any vacancies that occur within the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this article.
▇. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that gradelayoff).
I. A special classified employee Section 9.2. The Employer shall not have determine the right to displaceclassification(s), or bump, which will be affected by any other employee under the terms of this articlereduction (layoff).
Section 9.3. When the College decides that a Any reduction in force affecting the bargaining unit shall be instituted in the inverse order of seniority as defined by this Agreement.
Section 9.4. Any bargaining unit member receiving a special classified position is necessary, the Association will be given notice of layoff may displace a less senior employee in another bargaining unit classification provided the reduction and an opportunity to provide input. When possiblelaid-off employee possesses all qualifications, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial servicecapabilities, and whose certifications or license (if required) for the position is eliminatedinto which the laid-off employee wishes to displace, as determined by the Employer.
Section 9.5. Any employee, who displaces in accordance with this Article, shall be granted immediate preferred hiring status upon notice then receive the rate of reduction under this article. A special classified employee, whose position is eliminated, shall have pay assigned to the same right to interview for vacancies, under Paragraph G of this article, as that granted other employees whose positions are reducedclassification displaced into.
J. A person entering Section 9.6. Employees who are laid off shall be placed on a position through an exercise recall list for a period of “bumping” rights or preferred hiring six (6) months. If the Employer determines a recall is to be made, employees who are on the recall list and available for immediate duty with the Employer shall have a maximum be recalled. Recall shall be in the inverse order of four months their layoff, provided the employee is then qualified to learn and perform the jobwork within the classification to which they are recalled. A performance appraisal The Employer pledges no to layoff as a means of discipline.
Section 9.7. Notice of Recall shall be completed and discussed with the employee at the end of two months. Up sent to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiringCommittee by certified mail. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off or bumped will be paid for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list.
L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniority.
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiring.
4. A person on the preferred hiring list who has not been re-employed by the College after the preferred hiring term Employer shall be deemed to have been given timely notice fulfilled its obligation under the Article, by mailing and his/her employment will showing proof of such mailing of Recall Notice to the last address provided by the employee.
Section 9.8. The recalled employees shall have been terminated for all purposes as seven (7) calendar days following the date of receipt to attempted deliver of the end Recall Notice to notify the Employer of that term.
5his intention to return to duty. Based The recalled employee must report to duty on the affected person’s expressed contact preference(s), Human Resources will initiate contact with date specified by the affected person Employer or the employee shall forfeit his right to make the offer of reemploymentrecalled position. The offer and position description will be delivered to the affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment Employer must be accepted by the affected person within eight provide at least fourteen (8) 14) calendar days of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement.
M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated position.
N. The College shall facilitate career counseling and consultation for the benefit of individuals who are scheduled employee to lose their jobs and for those on the preferred hiring list. Individuals on the preferred hiring list shall have the right report to professional development funds under the same terms as classified employees who remain with the Collegeduty.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN WORK FORCE. The College employer shall have the right to reduce the number of jobs or the number of hours worked in any classification because of a shortage of funds, lack of work, or because of a change in organization or duties. Employees whose jobs have been eliminated or hours reduced shall have the right to bump any employee with less time in their classification or less seniority in their pay range or classifications in pay ranges below in the Department provided they are qualified and physically capable of performing the Association recognize that open communication during duties of the lower pay classification. An employee, when exercising such bumping privileges, shall be reassigned and paid at the pay range for the classification to which said employee is reassigned. Such junior employees who have lost their positions as a potential result of a bump shall have the right to exercise their seniority in the same manner as if their job had been eliminated or hours had been reduced. Employees who are without jobs as a result of reduction in work force is beneficial and agree shall be placed on a reemployment list. Employees who do not choose to work together throughout the process exercise their bumping rights shall also be placed on a reemployment list. The employer shall maintain a reemployment list of all employees who lose their jobs due to minimize the impact of the reduction on the individual employees and on the College. When the College determines that a reduction in force. Such list shall be in the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives order of the Association before any reduction takes place to discuss alternatives to reduction. If employee's seniority at the time of the reduction in work force proceeds after discussion with representatives the most senior being No. "1" on the list. Employees on the reemployment list shall maintain reemployment rights for one (1) year from the date they lose their jobs. Employees shall be recalled from the reemployment list in accordance with their seniority to the jobs, which they are qualified and physically capable of performing. Notice of reemployment shall be sent by the Association, it shall proceed in the following manner:
A. After a preliminary list of positions scheduled for elimination has been prepared, the College and representatives of the Association will meet employer to discuss ways to minimize the disruption of the reduction and “bumping” process.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE's last known address by registered letter or by personal contact, and the “bumping” employee is qualified shall be required to respond within three (3) calendar days from the date of notification and be available for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is duty within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten fourteen (1014) or more years of seniority may not be bumpedcalendar days. Employees who have been at step 2 do not respond to such employment notice within three (written reprimand)3) calendar days shall be removed from the reemployment list. If the employer finds that work normally assigned to a particular job classification is available for laid off employees on a temporary or emergency basis, the employer shall personally contact employees who are laid off pursuant to this provision and offer such temporary or 3 (disciplinary suspension) emergency employment. Contact shall be on the basis of seniority providing the progressive discipline process as articulated in Article 15B employees are qualified and physically capable of this agreement, performing such work. Any eligible employee who is not immediately available for not more than twelve (12) months will such assignment shall not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result of a reduction in force.
E. The College shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they will be laid off or bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work day, to update their application materials.
G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have the right to any vacancies that occur within the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded placement and the “bumped” next senior employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this article.
▇. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade).
I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at the end of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position thereafter shall be offered the position. Nothing in this article is intended to limit temporary or emergency position until the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off or bumped will be paid for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list.
L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered the position. If there is more than one person on preferred hiring, who meet the minimum requirements immediate needs of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniorityemployer are met.
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiring.
4. A person on the preferred hiring list who has not been re-employed by the College after the preferred hiring term shall be deemed to have been given timely notice and his/her employment will have been terminated for all purposes as of the end of that term.
5. Based on the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person to make the offer of reemployment. The offer and position description will be delivered to the affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted by the affected person within eight (8) calendar days of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement.
M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated position.
N. The College shall facilitate career counseling and consultation for the benefit of individuals who are scheduled to lose their jobs and for those on the preferred hiring list. Individuals on the preferred hiring list shall have the right to professional development funds under the same terms as classified employees who remain with the College.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN WORK FORCE. The College District and the Association recognize that open communication during a potential reduction in force is beneficial and agree to work together throughout the process to minimize the impact of the reduction on the individual employees and on the CollegeDistrict. When the College District determines that a reduction in the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed in the following manner:
A. After a preliminary list of positions scheduled for elimination has been prepared, the College District and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” process.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current a 1.0 FTE. Employees cannot be bumped by someone with less seniority. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. . Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college District to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College District to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result of a reduction in force.
E. The College District shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The CollegeDistrict, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they will be laid off or bumped under this article shall be granted a maximum of five (5) total hours of work time during their regularly scheduled regular work day, schedule to update their application materials.
G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have the right to any vacancies that occur within the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this article.
▇. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade).
I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at the end of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off or bumped will be paid for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list.
L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniority.
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiring.
4. A person on the preferred hiring list who has not been re-employed by the College after the preferred hiring term shall be deemed to have been given timely notice and his/her employment will have been terminated for all purposes as of the end of that term.
5. Based on the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person to make the offer of reemployment. The offer and position description will be delivered to the affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted by the affected person within eight (8) calendar days of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement.
M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated position.
N. The College shall facilitate career counseling and consultation for the benefit of individuals who are scheduled to lose their jobs and for those on the preferred hiring list. Individuals on the preferred hiring list shall have the right to professional development funds under the same terms as classified employees who remain with the College.five
Appears in 1 contract
Sources: Classified Association Agreement
REDUCTION IN WORK FORCE. 11.01 The College and Company shall notify the Association recognize that open communication during a potential reduction in force is beneficial and agree Union as soon as possible prior to work together throughout any layoff or when the process to minimize Company reduces the impact number of the reduction on the individual employees and on the Collegeregular full-time employees. When the College determines that a reduction in the work force within the bargaining unit may be necessary, the President or President’s designee The Company will meet with representatives the Union within 48 hours (unless circumstances beyond reasonable control occur) to determine the number of employees in each classification/ department to be laid off and will provide the Union with a seniority list stating each employee’s hire date, classification/departmental seniority, employment status and qualifications.
11.02 All employees shall receive at least 14 days working notice of layoff or two weeks’ pay in lieu of notice.
11.03 The last person hired shall be laid off first, and when the force is again increased, employees are to be returned to work in reverse order in which they are laid off during the layoff process, subject to qualifications. Notice of layoff shall be sent by email and registered mail to the address last filed by the employee with the Company. The Union shall be copied on the electronic layoff notices unless circumstances are out of the Association before any reduction takes place Employer’s control. Employees are required to discuss alternatives provide a “read receipt” of such electronic correspondence, which will be acknowledged and recorded by the company. Employees whom refuse to reduction. If provide a “read receipt” or sign and collect registered notices sent forth by the reduction in work force proceeds after discussion with representatives of Company will be reported to the Association, it shall proceed in Union’s attention.
11.04 Seniority will continue to accrue during the following manner:recall period.
A. After a preliminary list of positions scheduled for elimination 11.05 An employee who has been prepared, laid off shall remain listed according to seniority on a recall list for a period of eighteen (18) months after the College and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” process.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace day on which he/she was laid-off in accordance with article 9.02 (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the positiond). In the event there is a severance/ termination payout during the “bumping” eighteen (18) months and the employee is not qualified for recalled and chooses to continue his/her employment, the employee will only be entitled to severance/ termination pay calculated from the last severance payment.
11.06 When work becomes available in any classification from which there has been a layoff, seniority shall determine the employees to be recalled. Every previous employee then having seniority in the said classification/department shall be recalled before any other person is transferred into or hired into it.
11.07 Recall notice shall be sent by email and registered mail to the address last filed by the employee with the Company. Recall notices are to contain the position occupied and employment status for which employees are being recalled. Refusal to accept a lesser employment status shall not constitute a breach of contract or invalidate an employee’s right to recall to his/her former employment status. The Union shall be copied on the electronic recall notices unless circumstances are out of the Employer’s control. Employees are responsible for keeping the company informed of any change of address, email, and contact number by email or registered mail as soon as possible.
11.08 If within five (5) calendar days of receipt of a notice of recall an employee fails to notify the least senior employee Company of his/her intention to work, or there is more than a 10% difference in FTE fails to provide reasons that would satisfy the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, Company that he/she is qualified unable to perform work due to accident or illness, or other significant cause, he/she shall lose all seniority and is within 10% of his/her current FTE. If a position is not found that meets these requirements name will be removed from the seniority list in his/her current grade, then accordance with Article 9.02 (e).
11.09 In the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” event of any differences arising in the above conditions will be subject to administration of Article 16, the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result of a reduction in force.
E. The College shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they will be laid off or bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work day, to update their application materials.
G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump Union will have the right to any vacancies that occur within meet with the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees Company and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, discuss same.
11.10 Layoffs and if it is the bumping employee who is chosen through the interview process the “bump” recall shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured governed by this article.
▇. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade).
I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at the end of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off or bumped will be paid for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list.
L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniority.
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiring.
4. A person on the preferred hiring list who has not been re-employed by the College after the preferred hiring term shall be deemed to have been given timely notice and his/her employment will have been terminated for all purposes as of the end of that term.
5. Based on the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person to make the offer of reemployment. The offer and position description will be delivered to the affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted by the affected person within eight (8) calendar days of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement.
M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated position.
N. The College shall facilitate career counseling and consultation for the benefit of individuals who are scheduled to lose their jobs and for those on the preferred hiring list. Individuals on the preferred hiring list shall have the right to professional development funds under the same terms as classified employees who remain with the College.the
Appears in 1 contract
Sources: Collective Agreement
REDUCTION IN WORK FORCE. Return to Table of Contents The College District and the Association recognize that open communication during a potential reduction in force is beneficial and agree to work together throughout the process to minimize the impact of the reduction on the individual employees and on the CollegeDistrict. When the College District determines that a reduction in the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed in the following manner:
A. After a preliminary list of positions scheduled for elimination has been prepared, the College District and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” process.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current a 1.0 FTE. Employees cannot be bumped by someone with less seniority. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. . Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college District to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College District to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result of a reduction in force.
E. The College District shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The CollegeDistrict, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they will be laid off or bumped under this article shall be granted a maximum of five (5) total hours of work time during their regularly scheduled regular work day, schedule to update their application materials.
G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have the right to any vacancies that occur within the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this article.
▇. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade).
I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at the end of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off or bumped will be paid for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list.
L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniority.
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiring.
4. A person on the preferred hiring list who has not been re-employed by the College after the preferred hiring term shall be deemed to have been given timely notice and his/her employment will have been terminated for all purposes as of the end of that term.
5. Based on the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person to make the offer of reemployment. The offer and position description will be delivered to the affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted by the affected person within eight (8) calendar days of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement.
M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated position.
N. The College shall facilitate career counseling and consultation for the benefit of individuals who are scheduled to lose their jobs and for those on the preferred hiring list. Individuals on the preferred hiring list shall have the right to professional development funds under the same terms as classified employees who remain with the College.five
Appears in 1 contract
Sources: Classified Association Agreement
REDUCTION IN WORK FORCE. The College and A. In the Association recognize event that open communication during a potential reduction in force is beneficial and agree to work together throughout the process to minimize the impact of the reduction on the individual employees and on the College. When the College City determines that a reduction in the work force within the bargaining unit may be necessarylayoffs will occur, the President City Manager or President’s designee will shall meet and confer with RVPFA representatives prior to the implementation of layoffs regarding the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives impact(s) of the Association, it shall proceed in the following manner:
A. After a preliminary list of positions scheduled for elimination has been prepared, the College and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” processsuch layoffs.
B. A regular classified employee whose Whenever the City has determined that it is necessary to abolish any position is scheduled for elimination or employment, layoffs shall have the right be implemented according to displace (“bump”) departmental seniority based upon full-time hire date so that employees with the least senior (seniority within the department shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result of a reduction in force.
E. The College shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they will be laid off or bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work dayfirst, to update their application materials.
G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have the right to any vacancies that occur within the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College rank or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this article.
▇classification. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade).
I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that a reduction in force affecting results in the need for a special classified position is necessaryredistribution of employees from superior ranks to lower ranks, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, such reductions shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other accomplished by reducing in rank those employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at least tenure in the end of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to affected rank counting from the employee’s approval, the appraisal meeting date of promotion. Said employee(s) may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months demoted to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues any position in the assignment department in which they previously held or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on any lower classification in which the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off or bumped will be paid for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list.
L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12employee(s) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered the position. If there is more than one person on preferred hiring, who meet the minimum requirements of qualifications provided they have more seniority than the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniorityincumbents in that classification.
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiring.
4. A person on the preferred hiring list who has not been re-employed by the College after the preferred hiring term shall be deemed to have been given timely notice and his/her employment will have been terminated for all purposes as of the end of that term.
5. Based on the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person to make the offer of reemployment. The offer and position description will be delivered to the affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted by the affected person within eight (8) calendar days of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement.
M. C. In the event that a position eliminated layoff or reduction in rank takes place, any affected employees shall have their names placed on a re-employment list for the classification(s) laid off or reduced from in the bargaining unit under reverse order of their layoff or reduction. Such list shall be used by the terms appointing authority to fill vacancies which occur up to two (2) years following the layoff or reduction.
D. The City shall submit the names of this article is added back any employees that have been laid-off to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated positionCFFJAC Displaced Firefighter List.
N. The College shall facilitate career counseling and consultation for the benefit of individuals who are scheduled to lose their jobs and for those on the preferred hiring list. Individuals on the preferred hiring list shall have the right to professional development funds under the same terms as classified employees who remain with the College.
Appears in 1 contract
Sources: Memorandum of Understanding
REDUCTION IN WORK FORCE. The College and the Association recognize that open communication during a potential 8.1 Lay-off
A. A reduction in force is beneficial and agree to work together throughout the process to minimize the impact or a layoff, as used herein, shall mean any suspension from employment arising out of the reduction on the individual employees and on the College. When the College determines that a reduction in the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed (other than normal breaks in the following manner:
A. After a preliminary list of positions scheduled for elimination has been prepared, the College school calendar such as summer and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” processholidays).
B. A regular classified employee whose position is scheduled for elimination Seniority shall have the right to displace (“bump”) the least senior (seniority shall mean be defined as the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than bargaining unit since the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject most recent date of hire. Seniority shall accrue back to the salary conditions set out in “I” belowdate of hire following the successful completion of probation.
C. Employees with ten (10) or more years of seniority may Seniority will not be bumped. Employees who have been at step 2 (written reprimand), broken by approved leaves of absence or 3 (disciplinary suspension) layoff of the progressive discipline process as articulated in Article 15B of this agreement, for not more less than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the positionmonths.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result of a reduction in force.
E. The College shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they will be laid off or bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work day, to update their application materials.
G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have the right to any vacancies that occur within the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this article.
▇. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade).
I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at the end of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of lose his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off or bumped will be paid seniority for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list.
L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant positionfollowing reasons: termination, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniority.
2. While on preferred hiring statusretirement, a person may only decline two (2) offers resignation, layoff in excess of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiring.
4. A person on the preferred hiring list who has not been re-employed by the College after the preferred hiring term shall be deemed to have been given timely notice and his/her employment will have been terminated for all purposes as of the end of that term.
5. Based on the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person to make the offer of reemployment. The offer and position description will be delivered to the affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted by the affected person within eight (8) calendar days of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement.
M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position failure to report for work after notice of recall or failure to report for work at the time it was eliminated completion of an approved leave of absence.
E. In the event a reduction in force takes place, the District will identify the positions or jobs to be discontinued, make appropriate reassignments and then lay-off the least senior employee provided there is a more senior employee qualified (with minimal or no re-training) to do the work. When recalling employees from layoff (other than normal breaks in the school calendar), the most senior employee on layoff shall be offered first recalled if he/she is qualified and capable to perform in the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated available position.
N. The College F. Grievance rights for violation of recall shall facilitate career counseling and consultation exist for up to twenty-one (21) months from the last day of actual work, but in no event shall a grievance be filed beyond the time limits described for the benefit first level of individuals who are scheduled the grievance procedure if the aggrieved party becomes aware of the occurrence of the grievance or, with reasonable diligence, should have become aware of the occurrence of the grievance.
G. The District shall give written notice of recall by certified letter, return receipt requested, to lose their jobs and for those said employee's last known address. The address as it appears on the preferred hiring listDistrict's records shall be conclusive when used in connection with recalls or other notices to the employee. Individuals on It is the preferred hiring list sole responsibility of the employee to notify the District of any change of address. If the District is not able to cause delivery of the notice of recall within fifteen (15) days of the date that such notice was sent, it shall have result in a forfeiture of the right employee's rights to professional development funds under the same terms as classified employees who remain with the Collegerecall.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN WORK FORCE. A. When it becomes necessary to reduce the work force in the plant, the following procedure will be observed:
1. Prior to a reduction in the workforce, the Human Resources Manager will meet with the Local Union President (or his/her designee) to discuss how the layoff will be accomplished. The College Company retains its rights under the management rights clause to determine if and when a layoff should take place and the Association recognize ▇▇▇▇▇▇▇ following the layoff. The purpose of the meeting is to establish how the layoff is to be accomplished and the moves to be made. The Union reserves its right under the contract to grieve, how management has implemented the layoff.
2. Employees within the classification where excess personnel exist, still in their probationary period shall be cut back to another vacant job if available.
3. Employees having the least seniority shall be cut back from the classification affected. Employees cut back from their classification will maintain indefinite recall rights except as provided in Article 9.2(B)(2) and Article 11.4.
4. Subject in each case to his being able to qualify (as defined in 9.1D) of this Article) for the qualified work, an employee who is cut back from the employee’s regular classification shall, in the following sequence, and consistent with the employee’s seniority, displace the least senior employee in the classification, the least senior in the classification goes to the available opening in the department, after these openings are filled the employees will displace the least senior in the department. The employee being displaced will go to the available opening in the plant, fill an open job in the plant, or displace the least senior employee in the plant. If an employee is cutback to a lower paying job following November 16, 2016, the employee will be paid the higher rate of the job to which the employee is cutback for the first ninety-one (91) days from the date of the transfer; after ninety-one (91) days from the date of transfer, the employee will be paid the rate of the job to which the employee has been transferred. Provided, however, that open communication during cutback employees who were assigned to a potential reduction lower paying classification prior to November 16, 2016 shall continue to receive the pay they were receiving in force their regular classification until they leave the classification to which they have been cutback through either the bidding procedure or layoff.
a. Once a laid off employee returns to work, the employee will be paid the rate of the job to which he or she returns, without regard to when the employee was cutback to a lower paying job. If that job has multiple rates, the employee will be paid the highest rate of that job for which the employee has qualified.
b. The Company will not lay off an employee for the purpose of changing the employee’s rate of pay under this provision.
c. An employee who is beneficial cut back from the employee's regular classification cannot displace the least senior employee in a skilled trade (Powerhouse, Mechanic, Electrician, Certified Utility) unless the cut back employee has already been qualified in the skilled trade.
5. In cases where the elements of existing jobs are combined into one job, employees currently established in the existing jobs shall be offered the new job in order of seniority. When existing jobs are combined or when a new machine is placed into operation, the Company shall meet and confer with the union about establishing an appropriate pay grade. If the parties cannot agree on the appropriate pay grade, the Company may implement the disputed pay grade, however that implementation is subject to the grievance procedure.
B. Before any employee is laid off, he will be notified personally by written notice and a copy of the notice will be given to the Local Union President listing the names, job classifications and date of hire of all employees to be laid off at least five (5) working days preceding the day of layoff. New employees shall not be hired by the Company until all employees who are laid off have been granted the opportunity to return to work together throughout in their order of their seniority. Employees on lay off will be offered the process opportunity to minimize return to work in the impact order of their plant seniority. For open maintenance positions, only those persons qualified (prior maintenance employees or others having passed the test) will be contacted. Any employee may refuse to return to work for any job outside of the reduction classification from which the employee was laid off, except however, the most junior person on layoff must accept the individual employees offer to return to work even if it is outside his or her classification or that employee will lose the right to return to work as set forth in 9.2(B)(2). Employees who have been on layoff for twenty-six (26) weeks will be required to return to an opening by seniority at the rate of pay for that classification.
1. Any employee who refuses to return to work in the classification from which the employee was laid off loses any future recall rights with the Company unless the employee is physically disabled and on medical leave for Worker’s Compensation or personal medical leave.
2. In the Collegeevent an employee’s classification is eliminated while the employee is on lay off or if the employee has been on layoff for twenty-six (26) weeks, the employee must accept the next available position offered (except a maintenance position for which the person is not qualified) or the employee will lose any future recall rights with the Company.
3. When The Company’s obligation to contact the College determines employee on layoff shall be to send written notice to the employee’s last known address provided to the Human Resources office by the employee.
C. If it is determined by a physician that an employee can no longer stay in his home classification, once permanent restrictions are assigned by the physician, the employee may be assigned to a vacancy which will accommodate his condition until such time as the employee is released by the physician and be paid according to the rate of the job to which the employee is assigned. An employee who is released, but for whom there is no vacancy will not be permitted to bump any other employee and will remain on “layoff” in accordance with this Agreement.
D. For purpose of this Section, the word “layoff” and/or cutback means an adjustment or a reduction in the work force within to a level of employment which the bargaining unit may be necessary, Company deems best suited to the President or President’s designee will meet with representatives economic and operating conditions of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives of the Association, it shall proceed in the following manner:
A. After a preliminary list of positions scheduled for elimination has been prepared, the College and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” processbusiness.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. E. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand)an adjustment, or 3 (disciplinary suspension) reduction of the progressive discipline process as articulated in Article 15B of this agreementworkforce, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result of a reduction in force.
E. The College shall initially determine whether an employee meets the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they will be “bumped,” and shall keep the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they will be laid off or bumped under this article shall be granted five from a bid job (5classification) hours of work time during their regularly scheduled work day, to update their application materials.
G. As soon as the College has given notice of a reduction or bump, and prior to the actual date of reduction or bump, any regular employee whose position is so affected will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump surplused into another job (classification) will have the right by seniority to choose from a pool of available jobs.
F. When an employee’s previous job (classification) becomes available, the employee will have the choice to return to the employee’s previous job classification or remain in the classification the employee was surplused to. If an employee remains in the job (classification) the employee was surplused to:
1. The employee loses recall rights to any vacancies that occur within the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets the minimum qualifications of a vacancy, the supervisor will offer to interview the two (prior job,
2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is loses the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this article.
▇. In the event that an employee whose position is scheduled right to bid for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the calendar year,
3. The employee will be placed on paid the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling rate of pay for the new position, the employee’s salary will be frozen. If job (classification) where the employee accepts a position lower than one (1) grade below the original gradeis working.
G. Any probationary employee who is terminated who is later rehired, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that gradewith seniority who is terminated under Article 10.1(D).
I. A special classified employee shall not have the right to displace, or bumpwho is rehired, any other employee under the terms of this article. When the College decides that a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview credit for vacancies, under Paragraph G of this article, as that granted other employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at the end of two months. Up to the time of the four month review, the previously worked for Titan for bidding and vacation purposes. Any employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment with seniority who is terminated under this paragraph shall be placed on the preferred hiring list Article 10.1(D) will not receive any credit toward wages for time previously worked for Titan. Any employee with seniority who is terminated under Article 10.1(D) will not receive any credit for the remainder of his/her original preferred hiring term, time after the termination. Titan is not required to rehire any probationary employee who is terminated or as extended by any employee with seniority who is terminated under Article 10.1(D). No seniority will accumulate for the length of any delay in appraising the employee. If employee once the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off or bumped will be paid for any unused paid leave accruals, including those above the normal 200 hour limit, unless he or she exercises their option of Article 23.H. to retain their paid leave during the period that they are on the preferred hiring list.
L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniority.
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% of their FTE or within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiring.
4. A person on the preferred hiring list who has not been re-employed by the College after the preferred hiring term shall be deemed to have been given timely notice and his/her employment Titan will have been terminated for all purposes as of discretion to rehire the end of that termformer employees in the order it deems appropriate.
5. Based on the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person to make the offer of reemployment. The offer and position description will be delivered to the affected person, with a copy to the Association President. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted by the affected person within eight (8) calendar days of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end of the next College Business Day. If the affected person does not respond, or if the person declines an interview for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, he/she shall be entitled to all employment rights and College-conferred benefits enjoyed prior to reduction. In the event of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placement.
M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a position shall be considered the same position when it includes substantially the same essential duties and is added to essentially the same division or department as the eliminated position.
N. The College shall facilitate career counseling and consultation for the benefit of individuals who are scheduled to lose their jobs and for those on the preferred hiring list. Individuals on the preferred hiring list shall have the right to professional development funds under the same terms as classified employees who remain with the College.
Appears in 1 contract
Sources: Collective Bargaining Agreement
REDUCTION IN WORK FORCE. The College and the Association recognize that open communication during a potential reduction in force A. Any employee who is beneficial and agree to work together throughout the process to minimize the impact laid off because of the reduction on the individual employees and on the College. When the College determines that a reduction in staff will be notified at least two weeks in advance, when possible, by certified mail by the work force within the bargaining unit may be necessary, the President or President’s designee will meet with representatives Office of the Association before any reduction takes place to discuss alternatives to reduction. If the reduction in work force proceeds after discussion with representatives Executive Director of the Association, it shall proceed in the following manner:
A. After a preliminary list of positions scheduled for elimination has been prepared, the College and representatives of the Association will meet to discuss ways to minimize the disruption of the reduction and “bumping” processHuman Resources/Legal Affairs or her/his designee.
B. A regular classified employee whose position is scheduled for elimination shall have the right to displace (“bump”) the least senior (seniority shall mean the total length In an instance of continuous contracted employment at LBCC) regular or trial service classified employee within his/her grade, provided that the position’s FTE load is within 10% of the employee’s current FTE, and the “bumping” employee is qualified for the position. In the event the “bumping” employee is not qualified for the position occupied by the least senior employee or there is more than a 10% difference in FTE the “bumping” employee may then displace the next-least senior employee and continue in order until he/she arrives at a position, if at all, that he/she is qualified to perform and is within 10% of his/her current FTE. If a position is not found that meets these requirements in his/her current grade, then the “bumping” rights will continue, beginning with the next grade lower than the employee’s current grade, until a match is found.. Employees who “bump” in the above conditions will be subject to the salary conditions set out in “I” below.
C. Employees with ten (10) or more years of seniority may not be bumped. Employees who have been at step 2 (written reprimand), or 3 (disciplinary suspension) of the progressive discipline process as articulated in Article 15B of this agreement, for not more than twelve (12) months will not be eligible for the “bumping” rights provided by this article. When a position initially funded with strategic budgetary funds is converted by the college to regular continuing status, such action shall not be construed as a vacancy for the purposes of bumping or preferred hiring if the incumbent continues in the position. A regular classified employee may not “bump” a special classified employee. A regular classified employee whose position is funded, in part, by a contract or grant may not be bumped if, to do so, would cause the College to be in violation of the terms or conditions of any grant or contract that provides funding for the position.
D. The provisions of this article shall apply to the regular position of any classified employee on temporary leave, or temporarily assigned to another position, whose regular position is eliminated in a reduction in force, or who is bumped as a result the Board will determine the positions to be affected and notify the Union of such reduction. The decision of the Board with respect to said reductions in personnel shall be final.
C. In the event of a reduction in force.
E. The College shall initially determine whether an employee meets layoff, the minimum qualifications required to perform the duties of a position sought through the “bumping” provisions of this article. The College, after conferring with the Association, will establish reasonable timetables for matching employees with “bumped” positions, and for notifying employees that they procedure below will be “bumped,” and shall keep followed:
1. Probationary employees assigned to the Association informed of these timetables so that it may work with its members through the bumping process. An employee whose position is reduced under this article shall be given no less than 30 college business days before the position reduction is effective. An employee who is scheduled to be bumped under this article shall be given no less than 30 college business days before the bump is effective.
F. Employees who have been notified they affected position(s) will be laid off or bumped under this article shall be granted five (5) hours of work time during their regularly scheduled work day, to update their application materialsin an order determined by the Board.
G. As soon as the College has given notice of a reduction or bump, and prior 2. Non-probationary employees assigned to the actual date of reduction or bump, any regular employee whose position is so affected position(s) will be immediately placed on preferred hiring. Employees scheduled for either reduction or bump will have laid off in the right to any vacancies that occur within reverse order of their seniority, with the bargaining unit for which they are qualified. If there is more than one employee scheduled for reduction or bump, who meets having the minimum qualifications of a vacancy, the supervisor will offer to interview the two (2) or three (3) most senior employees and hire from this group without regard to seniority. If the selected employee(s) declines an offer of employment, the vacancy will be opened to the rest of the College or to the public. The successful employee will be reassigned as a result of this interview process, and if it is the bumping employee who is chosen through the interview process the “bump” shall be rescinded and the “bumped” employee shall be retained in his or her current assignment. An employee who declines reassignment under this paragraph shall retain other rights secured by this articleleast seniority being laid off first.
▇3. In the event that an employee whose position is scheduled for elimination is reassigned to a vacancy, or bumps into a position, at the same salary grade, or within one (1) grade below, the employee will be placed on the step in the new salary grade that is closest to his or her current salary without being below that amount. In the event the existing salary exceeds the salary grade ceiling for the new position, the employee’s salary will be frozen. If the employee accepts a position lower than one (1) grade below the original grade, the employee will be placed on the same step in the new salary grade that he or she was on in the current position (e.g., an employee at step five (5) of grade seventeen (17) would be placed at step five (5) of grade fifteen (15) if the employee chooses to accept a position at that grade).
I. A special classified employee shall not have the right to displace, or bump, any other employee under the terms of this article. When the College decides that During a reduction in force affecting a special classified position is necessary, the Association will be given notice of the reduction and an opportunity to provide input. When possible, a special classified employee will be given at least 30 days of notice of the reduction of the position. A special classified employee who has completed trial service, and whose position is eliminated, shall be granted immediate preferred hiring status upon notice of reduction under this article. A special classified employee, whose position is eliminated, shall have the same right to interview for vacancies, under Paragraph G of this article, as that granted other workforce non-probationary employees whose positions are reduced.
J. A person entering a position through an exercise of “bumping” rights or preferred hiring shall have a maximum of four months to learn and perform the job. A performance appraisal shall be completed and discussed with the employee at the end of two months. Up to the time of the four month review, the employee may choose to end the placement and, if eligible, return to preferred hiring. Or the employee and the supervisor may jointly determine that the employment be terminated and, if eligible, the employee may return to preferred hiring. The Association will be notified prior to any meeting to discuss an unsatisfactory appraisal and, subject to the employee’s approval, the appraisal meeting may be attended by a representative of the Association and of the College. If the employee’s two-month appraisal is delayed, then the employee’s maximum of 4 months to learn and perform the job shall be extended by the length of the delay At the time of the four (4) month review, the supervisor may determine whether the employee continues in the assignment or if eligible returns to preferred hiring. An employee whose employment is terminated under this paragraph shall be placed on the preferred hiring list for the remainder of his/her original preferred hiring term, or as extended by the length of any delay in appraising the employee. If the employee is not eligible to return to preferred hiring, their employment will be terminated. The original employee who was bumped from the position shall be offered the position. Nothing in this article is intended to limit the provisions of Article 15, Discipline and Discharge.
K. Upon the date of reduction from the college, the persons who have been laid off will first be offered any vacant positions that are the same or bumped will be paid for any unused paid leave accruals, including those above close to the normal 200 hour limit, unless he or she exercises their option same as the number of Article 23.H. to retain their paid leave during days and hours as the period that position from which they are on being laid off. The Procedure that will follow next, is an employee may at the preferred hiring list.
L. A person who has been laid off or bumped under this article shall be granted preferred hiring status beginning with notification and continuing for twelve (12) consecutive months from the date their position is reduced. Preferred hiring status shall mean the following:
1. During the term a person is on preferred hiring status, if a position becomes vacant, and the person meets the minimum qualifications, he/she shall be offered the position. If there is more than one person on preferred hiring, who meet the minimum requirements of the vacant position, the supervisor will interview the two (2) or three (3) most senior individuals and hire from this group without regard to seniority.
2. While on preferred hiring status, a person may only decline two (2) offers of regular positions with salaries that are within 10% time of their FTE or layoff, displace the least senior employee within one (1) grade of the position the person was originally reduced from. A person declining a third offer of a regular position, as defined in this paragraph will be removed from the preferred hiring list.
3. Preferred hiring status will end prior to completion of the preferred hiring term if a person is unsuccessful in two job placements through bumping or preferred hiringprogram.
4. A person Employees laid off through the procedures set forth in this Article will be retained on a recall list for a period equal to the preferred hiring list who has not been re-employed by sum of their accrued seniority and will be recalled in the College after reverse order of their layoff to their former position or to vacant positions, should any become available, without implementing the preferred hiring term shall be deemed to have been given timely notice and his/her employment will have been terminated for all purposes as of the end of that termjob posting procedure.
5. Based on The parties reserve the affected person’s expressed contact preference(s), Human Resources will initiate contact with the affected person right during a period of reduction to make the offer of reemployment. The offer meet and position description will be delivered discuss alternative procedures to the affected person, with a copy to implementation of the Association Presidentlayoff procedure. The College is entitled to the conclusive presumption that notice provided to the affected person has been received. Offers of re-employment must be accepted Absent mutual agreement by the affected person within eight (8) calendar days parties in a timely fashion, the Board reserves the right to implement the provisions set forth. This provision shall become effective after the ratification of this Agreement.
D. It is understood that no application of the date the offer is made unless that deadline is extended by the College. If the eighth calendar day falls on a day that the College is closed, the deadline will be extended to the end seniority standard for purposes of the next College Business Day. If layoff and recall procedure will in any manner compel the affected person does not respond, Board to retain or if the person declines an interview recall any personnel in any position for a regular position as described in L.2. of this article, they will be deemed to have used one of their two preferred hiring refusals.
6. Persons on preferred hiring shall have rights to tuition waiver as indicated in Article 21-C.
7. Upon the re-employment of the person on preferred hiring status, which he/she shall be entitled to is not qualified and cannot perform all employment rights the duties and College-conferred benefits enjoyed prior to reduction. In meet all the event requirements of re-employment from preferred hiring status, paragraph H of this article shall apply to salary placementthe position as set forth in the job description.
M. In the event that a position eliminated from the bargaining unit under the terms of this article is added back to the unit within twelve (12) months, the person who held the position at the time it was eliminated shall be offered the re-added job, provided that person is still employed by the College or on the preferred hiring list. For purposes of this paragraph, a E. No position shall be considered the same position when it includes substantially the same essential duties and is added filled, except on a temporary basis, while employees entitled to essentially the same division or department as the eliminated positionrecall remain on layoff.
N. The College F. An employee laid off under this Article will be retained on a recall list for a period equal to a sum of the employee's accrued seniority. Notice of recall shall facilitate career counseling be sent to the employee at her/his last known address as recorded in the Office of Human Resources/Legal Affairs, by certified mail, return receipt requested. If an employee fails to report for work within five (5) working days from the date of receipt of the recall notice, the employee shall be considered as having voluntarily terminated her/his employment. It is understood that such employee is responsible for keeping the Office of Human Resources/Legal Affairs advised in writing of any change of address, and consultation will not be excused for failure to report for work upon recall if the benefit employee fails to receive a recall notice because of individuals who are scheduled her/his own failure to lose their jobs and for those on advise the preferred hiring list. Individuals on the preferred hiring list shall have the right to professional development funds under the same terms as classified employees who remain with the CollegeBoard in writing of a change of address.
Appears in 1 contract
Sources: Collective Bargaining Agreement