Common use of SENIORITY AND REDUCTION IN FORCE Clause in Contracts

SENIORITY AND REDUCTION IN FORCE. 5.6.1 Seniority shall be defined as the total length of continuous full-time service with the District as a member of the bargaining unit in one of the designated categories set forth below. Accumulation of seniority shall begin from the Employee’s first working day. If more than one Employee has the same length of continuous service, position on the seniority list shall be determined by drawing lots by the President of the Association no later than eight (8) days prior to the Board meeting in which the Board will take action on a reduction-in-force. If an Employee’s category of position changes for any reason, his/her seniority will not transfer to the new category, but seniority shall be retained in the former category of position. Accumulation of seniority in the new category shall begin from the Employee’s first working day in that position. In the event of a reduction-in-force, an affected Employee can exercise bumping rights into his/her former category of position if another Employee in the previous category has less seniority than the affected Employee. (For example, if a current administrative assistant is the least senior Employee in that category but has five (5) years of previously accrued seniority as a health clerk, in the event of a reduction in the number of secretaries, the affected Employee can exercise his/her bumping rights back into a health clerk position with fewer than five (5) years of seniority in that category.) 5.6.2 For purposes of this Agreement, each Employee shall be placed in one of the following classifications based on his/her current assignment: Administrative Assistant Administrative Assistant for Finance Payroll and Benefits Coordinator Library Aide Office Aide Health Clerk Registered Nurse District Data Administrative Assistant Building ▇▇▇▇▇▇▇ Custodian Lead Custodian Paraprofessional 5.6.3 The Board shall prepare, maintain and post the seniority list. A copy of the seniority list and subsequent revisions shall be furnished to the Association by February 1 each year. 5.6.4 Seniority shall be lost due to resignation, dismissal for cause, retirement, employment in a position excluded from the bargaining unit, or after an Employee’s recall rights have expired. Unpaid leave days or layoff time not worked shall not count as employment for seniority purposes, but shall not be considered to interrupt continuous employment. 5.6.5 If full-time Employees are removed or dismissed or the hours they work are reduced as a result of a decision by the Board to either decrease the number of Employees or to discontinue a particular type of educational support service, the Association President shall be notified. Written notice, together with a letter of honorable dismissal and the reason therefore, shall be given the Employee by registered mail at least thirty (30) days prior to the dismissal or reduction in hours of the Employee. If a reduction in hours is due to an unforeseen reduction in the student population, then written notice must be mailed and given the Employee at least five (5) days before the hours are reduced. Reductions shall be made in reverse order of seniority within the separate categories as set forth in Section 5.6.2 above, provided, however, that the Employee(s) with greater seniority possess the skills, qualifications, and abilities necessary to fill the position(s) of the Employee(s) with less seniority. 5.6.6 If a vacancy occurs within the recall timelines established by law following a staff reduction, the Board shall first offer reemployment to the Employee(s) laid off (by category) in the reverse order of the reduction in that category or any other category, provided the Employee to be recalled is determined to possess the current skills, qualifications and abilities necessary to perform the work in the job to which recalled. This recall right shall not apply to part-time Employees. 5.6.7 Notice of recall shall be sent to an Employee by certified mail (return receipt requested) to the last address submitted to the Board by the Employee. The Employee must notify the Board in writing, within ten (10) calendar days of receipt of the offer, of the acceptance or rejection of any vacant position tendered to the Employee during the recall period. Any employee who fails to notify the Board of his/her acceptance or rejection of a tendered position within the time lines set forth above shall be deemed to have waived his or her recall rights and will no longer be eligible for any other vacant positions that become available within the recall period.

SENIORITY AND REDUCTION IN FORCE. 5.6.1 Seniority 8:1 A draft seniority list shall be defined as posted at the total length worksite annually by the second Friday in October. Employees who wish to appeal their placement on this list must do so using the Seniority Appeal Form (Appendix B) to the District Human Resources Office before the last Friday in October of continuous full-time service the year the list is published. A final list shall be posted by the third Friday in November each year. The list will become the official list by which route and field trip assignments will be awarded. An employee's failure to question, prior to the last Friday in October, the employee’s seniority date on the draft seniority list will preclude the assertion of the employee’s seniority date in challenging any subsequent actions having to do with seniority. Once an appeal has been adjudicated no further appeal for the same reason will be honored. An employee may also question the seniority date of other employees on the draft seniority list. 8:2 In the event that operations and conditions necessitate a reduction in employees, employees will be laid off according to seniority, beginning with the District as a member of least senior employee. 8:3 Employees who are laid off will be recalled to available positions beginning with the bargaining unit in one of the designated categories set forth below. Accumulation of seniority shall begin from the Employee’s first working day. If more than one Employee has most senior employee. 8:4 When two employees have the same length date of continuous servicehire, position they will be listed on the seniority list shall in ascending order by their last name. If two employees with the same last name have the same date of hire, they will be determined by drawing lots listed by the President month and day of the Association no later than eight (8) days prior to the Board meeting their birth in which the Board will take action on a reduction-in-force. If an Employee’s category of position changes for any reason, his/her seniority will not transfer to the new category, but seniority shall be retained in the former category of position. Accumulation of seniority in the new category shall begin from the Employee’s first working day in that position. In the event of a reduction-in-force, an affected Employee can exercise bumping rights into his/her former category of position if another Employee in the previous category has less seniority than the affected Employee. (For example, if a current administrative assistant is the least senior Employee in that category but has five (5) years of previously accrued seniority as a health clerk, in the event of a reduction in the number of secretaries, the affected Employee can exercise his/her bumping rights back into a health clerk position with fewer than five (5) years of seniority in that category.) 5.6.2 For purposes of this Agreement, each Employee shall be placed in one of the following classifications based on his/her current assignment: Administrative Assistant Administrative Assistant for Finance Payroll and Benefits Coordinator Library Aide Office Aide Health Clerk Registered Nurse District Data Administrative Assistant Building ▇▇▇▇▇▇▇ Custodian Lead Custodian Paraprofessional 5.6.3 The Board shall prepare, maintain and post the seniority list. A copy of the seniority list and subsequent revisions shall be furnished to the Association by February 1 each yearascending order. 5.6.4 Seniority 8:5 The following shall be lost due to constitute a break of service: resignation, dismissal termination for cause, retirement, employment absence without authorized leave for three (3) consecutive workdays; failure to report within five (5) days of recall; and failure to return to work at the end of an approved leave unless the employee is physically incapacitated. 8:6 An employee on the recall list who is offered and accepts a recall to a temporary position within the District will not forfeit the employee's right to a regular position within the District. Such an employee may be placed in a regular position excluded before the completion of the temporary employment. The employee will be placed at the appropriate position on the recall list upon completion of such temporary employment. 8:7 An employee who declines a temporary position will not be removed from the bargaining unitrecall list. 8:8 Persons who are eligible for recall must keep the Supervisor of Transportation informed in writing of any changes in their address, telephone number, and email. 8:9 Refusal of an employee to accept the position within 72 hours of the delivery receipt confirmation or after telephone contact and then to report to work on the date indicated by the Administration or at a later mutually agreeable time will relieve the Board of further obligation to offer reemployment. 8:10 Employees who are laid off shall be automatically placed on the recall list for two years. 8:11 Time lost by an Employee’s recall rights have expired. Unpaid leave days or layoff time not worked shall not count as employment for seniority purposes, but employee laid off under the provisions of this Article who is subsequently recalled under provisions of this Article shall not be considered to interrupt continuous employment. 5.6.5 If full-time Employees are removed or dismissed or the hours they work are reduced as a result of a decision by the Board to either decrease the number of Employees or to discontinue a particular type of educational support service, the Association President but such time shall not be notified. Written noticecounted toward additional seniority or be a criterion for holidays, together with a letter of honorable dismissal and the reason thereforevacation, shall be given the Employee by registered mail at least thirty (30) days prior to the dismissal pay, or reduction in hours of the Employee. If a reduction in hours is due to an unforeseen reduction in the student population, then written notice must be mailed and given the Employee at least five (5) days before the hours are reduced. Reductions shall be made in reverse order of seniority within the separate categories other benefits as set forth in Section 5.6.2 above, provided, however, that the Employee(s) with greater seniority possess the skills, qualifications, and abilities necessary to fill the position(s) of the Employee(s) with less senioritythis Agreement. 5.6.6 If a vacancy occurs within the recall timelines established by law following a staff reduction, the Board 8:12 Employees on Board-approved leaves of absence shall first offer reemployment be subject to the Employee(s) laid off (by category) in the reverse order layoff provisions of the reduction in that category or any other category, provided the Employee to be recalled is determined to possess the current skills, qualifications and abilities necessary to perform the work in the job to which recalled. This recall right shall not apply to part-time Employeesthis Article. 5.6.7 Notice of recall shall be sent to an Employee by certified mail (return receipt requested) to the last address submitted to the Board by the Employee. The Employee must notify the Board in writing, within ten (10) calendar days of receipt of the offer, of the acceptance or rejection of any vacant position tendered to the Employee during the recall period. Any employee who fails to notify the Board of his/her acceptance or rejection of a tendered position within the time lines set forth above shall be deemed to have waived his or her recall rights and will no longer be eligible for any other vacant positions that become available within the recall period.

SENIORITY AND REDUCTION IN FORCE. 5.6.1 Seniority Section 1. Whenever a classified position is abolished, or a reduction in force becomes necessary, or an employee is laid off to create a vacancy for an employee moving from a higher classification, layoff shall be in reverse order of continuous service with the City. Section 2. An employee who has received notice of layoff shall have the privilege of bumping an employee in the same class in his Department with less continuous City service. If there are no employees in the same class with less continuous City service, he may move to the next lower classification in the class family in the employee's Department. Additionally, the City will permit employees to bump into a different class within the employee's Department so long as the employee has served at least one year in that class. Section 3. An employee who is laid off to create a vacancy for an employee moving from a higher classification shall in turn have the privilege of moving to the next lower classification within the class family for which he is qualified, within the employee's Department, whether or not a vacancy in such lower classification exists. Section 4. In no case shall an employee with greater continuous City service be laid off to create a vacancy for an employee with less continuous City service. Section 5. In the event an employee is to be laid off, the City shall give to the employee in person, or by mail, written notice to the last known address of record thereof at least fourteen (14) calendar days prior to the effective date of the layoff. In order to utilize the privilege of bumping as set forth above, the employee shall give written notice of such election to the Personnel Human Resources Director within five (5) calendar days after being served with written layoff notice from the City. Section 6. Any status employee in a classification which is not represented by the Union shall not be allowed to demote back to a position in his former classification which is represented by the Union unless said employee applies for and is selected for a vacant position. Section 7. When seniority is utilized to determine work assignments, days off, or shift assignments, Aseniority@ shall be defined as the total length period of continuous full-time service with within any classification represented by the District as PAGE bargaining unit. This definition of Aseniority@ shall not govern lay-offs or reductions in force. This definition of Aseniority@ shall apply only to employees who obtain positions in a member classification represented by the PAGE bargaining unit on or after March 7, 2000. Unless the needs of the department indicate otherwise, seniority will be the basis for shift changes, vacations, holidays, and regular days off. For employees in a classification represented by the PAGE bargaining unit in one of the designated categories set forth below. Accumulation of prior March 7, 2000, seniority shall begin from the Employee’s first working day. If more than one Employee has the same for work assignments, days off, or shift assignments be defined as length of continuous service, position on service of an employee with the seniority list shall be determined by drawing lots by City. Section 8. Seniority is defined for purposes of this Agreement as the President length of the Association no later than eight (8) days prior continuous service of an employee to the Board meeting in which the Board will take action on a reduction-in-forceCity. If an Employee’s category of position changes for any reason, his/her seniority will not transfer to the new category, but seniority shall be retained in the former category of position. Accumulation of seniority in the new category shall begin from the Employee’s first working day in that position. In the event of a reduction-in-force, an affected Employee can exercise bumping rights into his/her former category of position if another Employee in the previous category has less seniority than the affected Employee. (For example, if a current administrative assistant is the least senior Employee in that category but has five (5) years of previously accrued seniority as a health clerk, in the event of a reduction in the number of secretaries, the affected Employee can exercise his/her bumping rights back into a health clerk position with fewer than five (5) years of seniority in that category.) 5.6.2 For purposes of this Agreement, each Employee seniority status shall be placed in one of the following classifications based on his/her current assignment: Administrative Assistant Administrative Assistant for Finance Payroll and Benefits Coordinator Library Aide Office Aide Health Clerk Registered Nurse District Data Administrative Assistant Building ▇▇▇▇▇▇▇ Custodian Lead Custodian Paraprofessional 5.6.3 The Board shall prepare, maintain and post the seniority list. A copy of the seniority list and subsequent revisions shall be furnished to the Association by February 1 each year. 5.6.4 Seniority shall be lost due to resignation, dismissal for cause, retirement, employment in a position excluded from the bargaining unit, or after an Employee’s recall rights have expired. Unpaid leave days or layoff time not worked shall not count as employment for seniority purposes, but shall not be considered to interrupt continuous employment. 5.6.5 If full-time Employees are removed or dismissed or the hours they work are reduced as a result of a decision evidenced by the Board to either decrease employee's date of hire (the number of Employees or to discontinue a particular type of educational support service, the Association President shall be notified. Written notice, together with a letter of honorable dismissal and the reason therefore, shall be given the Employee by registered mail at least thirty (30) days prior to the dismissal or reduction in hours of the Employee. If a reduction in hours is due to an unforeseen reduction in the student population, then written notice must be mailed and given the Employee at least five (5) days before the hours are reduced. Reductions shall be made in reverse order of seniority within the separate categories as set forth in Section 5.6.2 above, Aseniority commencement date@); provided, however, that no seniority rights shall vest until the Employee(semployee completes six (6) with greater months of continuous full time service. Section 9. An employee=s seniority possess status and date shall not be affected by absence from work on account of: A. Illness or approved sick leave; B. Injury in the skills, qualificationsline of duty covered by this Agreement and/or State workers' compensation laws; C. Time spent on approved leave of absence for service in the Armed Forces of the United States or applicable reserve programs; D. Service as a regularly impaneled member of a state or federal jury. Section 10. If an employee in a classification represented by the PAGE bargaining unit accepts another City position that is not represented by PAGE, and abilities necessary then returns to fill a position represented by PAGE, the position(s) employee=s seniority for work assignments, days off, or shift assignments shall start over from the date an employee returns to a classification within the PAGE bargaining unit. Section 11. Seniority will be the basis for the determination of the Employee(s) with less senioritypriority between employees of the following: shift assignments, vacations, holidays, and regular days off in that division. 5.6.6 If Section 12. SHIFT BID FOR DIVISIONS THAT HAVE SECOND AND/OR THIRD SHIFTS. Section 13. MINI-BID Section 14. In the event a vacancy occurs within the recall timelines established by law following a staff reductionreduction in force is necessary, the Board shall first offer reemployment to the Employee(s) any employee who is laid off (by category) and is a member of the retirement plan may withdraw his total contribution without forfeiture of that vested portion of the City's contribution. The vested portion of the City=s contribution must remain in the reverse order employee=s account with the carrier of the reduction in that category retirement plan or any roll the vested portion over into an authorized ▇▇▇ or other category, provided plan qualified under the Employee to be recalled is determined to possess the current skills, qualifications and abilities necessary to perform the work in the job to which recalled. This recall right shall not apply to part-time EmployeesInternal Revenue Code. 5.6.7 Notice of recall shall be sent to an Employee by certified mail (return receipt requested) to the last address submitted to the Board by the Employee. The Employee must notify the Board in writing, within ten (10) calendar days of receipt of the offer, of the acceptance or rejection of any vacant position tendered to the Employee during the recall period. Any employee who fails to notify the Board of his/her acceptance or rejection of a tendered position within the time lines set forth above shall be deemed to have waived his or her recall rights and will no longer be eligible for any other vacant positions that become available within the recall period.

SENIORITY AND REDUCTION IN FORCE. 5.6.1 Seniority shall be defined as the total length of continuous full-time service with the District as a member of the bargaining unit in one of the designated categories set forth below. Accumulation of seniority shall begin from the Employee’s first working day. If more than one Employee has the same length of continuous service, position on the seniority list shall be determined by drawing lots by the President of the Association no later than eight (8) days prior to the Board meeting in which the Board will take action on a reduction-in-force. If an Employee’s category of position changes for any reason, his/her seniority will not transfer to the new category, but seniority shall be retained in the former category of position. Accumulation of seniority in the new category shall begin from the Employee’s first working day in that position. In the event of a reduction-in-force, an affected Employee can exercise bumping rights into his/her former category of position if another Employee in the previous category has less seniority than the affected Employee. (For example, if a current administrative assistant is the least senior Employee in that category but has five (5) years of previously accrued seniority as a health clerk, in the event of a reduction in the number of secretaries, the affected Employee can exercise his/her bumping rights back into a health clerk position with fewer than five (5) years of seniority in that category.) 5.6.2 For purposes of this Agreement, each Employee shall be placed in one of the following classifications based on his/her current assignment: Administrative Assistant Administrative Assistant for Finance Payroll and Benefits Coordinator Library Aide Office Aide Health Clerk Registered Nurse District Data Administrative Assistant Building ▇▇▇▇▇▇▇ Custodian Lead Custodian ParaprofessionalAssistant 5.6.3 The Board shall prepare, maintain and post the seniority list. A copy of the seniority list and subsequent revisions shall be furnished to the Association by February 1 each year. 5.6.4 Seniority shall be lost due to resignation, dismissal for cause, retirement, employment in a position excluded from the bargaining unit, or after an Employee’s recall rights have expired. Unpaid leave days or layoff time not worked shall not count as employment for seniority purposes, but shall not be considered to interrupt continuous employment. 5.6.5 If full-time Employees are removed or dismissed or the hours they work are reduced as a result of a decision by the Board to either decrease the number of Employees or to discontinue a particular type of educational support service, the Association President shall be notified. Written notice, together with a letter of honorable dismissal and the reason therefore, shall be given the Employee by registered mail at least thirty (30) days prior to the dismissal or reduction in hours of the Employee. If a reduction in hours is due to an unforeseen reduction in the student population, then written notice must be mailed and given the Employee at least five (5) days before the hours are reduced. Reductions shall be made in reverse order of seniority within the separate categories as set forth in Section 5.6.2 above, provided, however, that the Employee(s) with greater seniority possess the skills, qualifications, and abilities necessary to fill the position(s) of the Employee(s) with less seniority. 5.6.6 If a vacancy occurs within the recall timelines established by law following a staff reduction, the Board shall first offer reemployment to the Employee(s) laid off (by category) in the reverse order of the reduction in that category or any other category, provided the Employee to be recalled is determined to possess the current skills, qualifications and abilities necessary to perform the work in the job to which recalled. This recall right shall not apply to part-time Employees. 5.6.7 Notice of recall shall be sent to an Employee by certified mail (return receipt requested) to the last address submitted to the Board by the Employee. The Employee must notify the Board in writing, within ten (10) calendar days of receipt of the offer, of the acceptance or rejection of any vacant position tendered to the Employee during the recall period. Any employee who fails to notify the Board of his/her acceptance or rejection of a tendered position within the time lines set forth above shall be deemed to have waived his or her recall rights and will no longer be eligible for any other vacant positions that become available within the recall period.