Accept a Layoff. An employee with seniority standing may accept a layoff and may request to return to any open position for which the employee is qualified. However, if an employee on layoff returns to a position which is not comparable in wage and/or hours to the one held prior to layoff, the employee shall be entitled to a preference for any subsequent position opening for which the employee is qualified (as outlined in Section G of this Article). In the event two (2) or more employees on layoff are qualified for and desire to return to the same open position, recall shall be according to their seniority standing. An employee on layoff may refuse to return to an open position not comparable as within one (1) hour or less per day) and at a lower wage rate than the position previously held by the employee before being laid off. An employee on layoff may remain on the recall list for up to two (2) years. An employee who refuses recall to a comparable position at the same wage rate will be removed from the layoff list and employment will be considered terminated. An employee will remain on the layoff list if the employee is recalled to a position for which the employee does not meet the minimum job qualifications of the current job description. Requests to return to employment will be sent by certified mail to persons on the layoff/recall list who cannot be reached by phone. Employees will respond within seven (7) calendar days after receiving such request. If such request is returned undeliverable or if the employee fails to respond within seven (7) calendar days of such request, the employee shall be considered to have voluntarily resigned employment and the employee's name shall be taken off the seniority list.
