Common use of Within Department Clause in Contracts

Within Department. At the employee's option, if the employee whose position in the department and classification is not the least senior he/she may bump the least senior employee in the department and classification in a position in which he/she is considered qualified regardless of shift or status except that a full-time employee may bump the least senior full-time employee and work the required hours of the position. If the employee does not wish to bump within the department he/she may bump in the classification per (c) below. i. A part-time employee may not bump a full-time employee but may bump into a full time vacancy, provided that if a full time employee has been laid off on the same day the full time employee has first choice of full time vacancies. ii. Effective January 1, 2021, a benefit eligible part-time employee or a non-benefit eligible part-time employee may not bump a full-time employee but may bump into a full-time vacancy, provided that if a full time employee has been laid off on the same day the full time employee has first choice of full time vacancies. In addition, if a benefit eligible part-time employee and a non-benefit eligible part-time employee are laid off on the same day, the benefit eligible part-time employee has first choice on full-time vacancies. iii. Effective January 1, 2021, a non-benefit eligible part-time employee may not bump a benefit eligible part-time employee but may bump into a benefit eligible part-time vacancy, provided that if a benefit eligible part-time employee has been laid off on the same day the benefit eligible part-time employee has first choice of benefit eligible part- time vacancies. iv. A position vacancy is considered the least senior position for purposes of bumping. If there is more than one vacancy the employee may choose the position. v. An on-call or ESP may not bump a regular part-time or full-time employee. vi. If a vacant position exists and it is a reasonable offer, the employee is required to accept the bump. Failure to accept a reasonable offer of a vacant position is considered a voluntary resignation, and the employee will be terminated.

Within Department. At the employee's option, if the employee whose position in the department and classification is not the least senior he/she may bump the least senior employee in the department and classification in a position in which he/she is considered qualified regardless of shift or status except that a full-time employee may bump the least senior full-time employee and work the required hours of the position. If the employee does not wish to bump within the department he/she may bump in the classification per (c) below. i. 1. A part-time employee may not bump a full-time employee but may bump into a full time vacancy, provided that if a full time employee has been laid off on the same day the full time employee has first choice of full time vacancies. ii2. Effective January 1, 2021, a benefit eligible part-time employee or a non-benefit eligible part-time employee may not bump a full-time employee but may bump into a full-time vacancy, provided that if a full time employee has been laid off on the same day the full time employee has first choice of full time vacancies. In addition, if a benefit eligible part-time employee and a non-benefit eligible part-time employee are laid off on the same day, the benefit eligible part-time employee has first choice on full-time vacancies. iii3. Effective January 1, 2021, a non-benefit eligible part-time employee may not bump a benefit eligible part-time employee but may bump into a benefit eligible part-time vacancy, provided that if a benefit eligible part-time employee has been laid off on the same day the benefit eligible part-time employee has first choice of benefit eligible part- time vacancies. iv4. A position vacancy is considered the least senior position for purposes of bumping. If there is more than one vacancy the employee may choose the position. v. 5. An on-call or ESP may not bump a regular part-time or full-time employee. vi6. If a vacant position exists and it is a reasonable offer, the employee is required to accept the bump. Failure to accept a reasonable offer of a vacant position is considered a voluntary resignation, and the employee will be terminated.