Common use of REDUCTIONS IN FORCE Clause in Contracts

REDUCTIONS IN FORCE. A. General Provisions: Seniority is the deciding factor in reduction in force within an employee classification. Reduction in force will be initiated as follows: 1. Affected unit member(s) and the Association shall be notified, if possible, prior to the reduction in force. 2. The least senior unit member(s) in the employee classification being reduced shall be the first to be laid off until the total number of unit member(s) necessary are laid off. 3. The unit member(s) in the position(s) being eliminated will have the right to replace the unit member(s) with the less seniority in the same employee classification. However, first assignment will be in any vacant or newly created position(s) in the same employee classification. When more than one position is being eliminated, replacement will be done in accordance with seniority, with the individual with greatest seniority having first selection. 4. The unit member(s) having no position to accept shall be placed on the recall list. 5. When a unit member is permanently assigned to a lower-paying position, the unit member shall be paid the wage rate of that employee classification. 6. Unit member(s) may decline to bump and will be placed on the recall list. 7. The right to recall shall exist for a two (2) year period. Unit members on layoff will keep the Office of Human Resources and Employee Relations informed of current address and status of employment. 8. When a position becomes available for which a unit member on layoff is qualified, the position will be offered by verbal notification with the unit member, and will be documented with a follow- up letter to the appropriate unit member on the basis of seniority. The offer is valid for a period of ten (10) days. Failure of the unit member to respond to such an offer within that period will be regarded as a refusal. Unit members refusing such an offer will be removed from the recall list. 9. A person who is on the recall list is eligible to continue insurance benefits in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA).