Common use of Application of Layoff Clause in Contracts

Application of Layoff. MCO recognizes the right of the Employer to lay off or to temporarily reduce the hours of employment consistent with this Agreement, including the right to determine the extent and effective date of such reductions. Upon Union request to negotiate and a showing by the Union that such reductions do or will pose a clear and present threat to the safety of Bargaining Unit employees, the Employer will enter into negotiations over the modification and remedy of such resulting substantial adverse impact upon the employees of the Bargaining Unit. Bumping, layoff and recall of Bargaining Unit employees shall be exclusively governed by and in accordance with the provisions of this Agreement and this Article, with the exception that they shall not apply to: 1. Temporary (Emergency) layoff of less than 20 cumulative calendar days; in such cases, employees will be laid off by inverse seniority within classification and work location and recalled by seniority. Temporary layoffs shall not exceed six days per fiscal year during the term of this Agreement. This temporary layoff will only be used for emergency situations, defined for this Article as follows: (a) Unanticipated loss of funding which the Department or Agency does not expect to obtain or make up within the temporary layoff period; or (b) Natural disaster, lack of utilities or civil disruption that makes premises at a work location inaccessible or unusable, subject to the provisions of Article 33, Compensation Policy Under Conditions of General Emergency. Prior to implementing temporary layoffs, the Employer will afford the Union the opportunity to raise and discuss other cost-savings measures as alternatives to, and/or alternative methods for, such temporary layoffs, but such discussions shall not be cause for delay in implementation. The following provisions shall apply in the event a temporary layoff is implemented: • Seniority: An employee who is temporarily laid off will not lose continuous service hours credits for purposes of seniority and fringe benefit accruals. A temporarily laid off employee will not be paid base wages, shift differential, overtime, on-call, hazard, or any similar pay or premiums.

Application of Layoff. MCO recognizes the right of the Employer to lay off or to temporarily reduce the hours of employment consistent with this Agreement, including the right to determine the extent and effective date of such reductions. Upon Union request to negotiate and a showing by the Union that such reductions do or will pose a clear and present threat to the safety of Bargaining Unit employees, the Employer will enter into negotiations over the modification and remedy of such resulting substantial adverse impact upon the employees of the Bargaining Unit. Bumping, layoff and recall of Bargaining Unit employees shall be exclusively governed by and in accordance with the provisions of this Agreement and this Article, with the exception that they shall not apply to: 1. Temporary (Emergency) layoff of less than 20 cumulative calendar days; in such cases, employees will be laid off by inverse seniority within classification and work location and recalled by seniority. Temporary layoffs shall not exceed six days per fiscal year during the term of this Agreement. This temporary layoff will only be used for emergency situations, defined for this Article as follows: (a) Unanticipated loss of funding which the Department or Agency does not expect to obtain or make up within the temporary layoff period; or (b) Natural disaster, lack of utilities or civil disruption that makes premises at a work location inaccessible or unusable, subject to the provisions of Article 33, Compensation Policy Under Conditions of General Emergency. Prior to implementing temporary layoffs, the Employer will afford the Union the opportunity to raise and discuss other cost-savings measures as alternatives to, and/or alternative methods for, such temporary layoffs, but such discussions shall not be cause for delay in implementation. The following provisions shall apply in the event a temporary layoff is implemented: •  Seniority: An employee who is temporarily laid off will not lose continuous service hours credits for purposes of seniority and fringe benefit accruals. A temporarily laid off employee will not be paid base wages, shift differential, overtime, on-call, hazard, or any similar pay or premiums.

Application of Layoff. MCO recognizes the right of the Employer to lay off or to temporarily reduce the hours of employment consistent with this Agreement, including the right to determine the extent and effective date of such reductions. Upon Union request to negotiate and a showing by the Union that such reductions do or will pose a clear and present threat to the safety of Bargaining Unit employees, the Employer will enter into negotiations over the modification and remedy of such resulting substantial adverse impact upon the employees of the Bargaining Unit. Bumping, layoff and recall of Bargaining Unit employees shall be exclusively governed by and in accordance with the provisions of this Agreement and this Article, with the exception that they shall not apply to: 1. Temporary (Emergency) layoff of less than 20 cumulative consecutive calendar days; in such cases, employees will be laid off by inverse seniority within classification and work location and recalled by seniority. Temporary layoffs shall not exceed six days per fiscal year during the term of this Agreement. This temporary layoff will only be used for emergency situations, defined for this Article as follows: (a) Unanticipated loss of funding which the Department or Agency does not expect to obtain or make up within the temporary layoff period; or (b) Natural disaster, lack of utilities or civil disruption that makes premises at a work location inaccessible or unusable, subject to the provisions of Article 33, Compensation Policy Under Conditions of General Emergency. Prior to implementing temporary layoffs, the Employer will afford the Union the opportunity to raise and discuss other cost-savings measures as alternatives to, and/or alternative methods for, such temporary layoffs, but such discussions shall not be cause for delay in implementation. The following provisions shall apply in the event a temporary layoff is implemented: • Seniority: An employee who is temporarily laid off will not lose continuous service hours credits for purposes of seniority and fringe benefit accruals. A temporarily laid off employee will not be paid base wages, shift differential, overtime, on-call, hazard, or any similar pay or premiums.

Application of Layoff. MCO recognizes the right of the Employer to lay off or to temporarily reduce the hours of employment consistent with this Agreement, including the right to determine the extent and effective date of such reductions. Upon Union request to negotiate and a showing by the Union that such reductions do or will pose a clear and present threat to the safety of Bargaining Unit employees, the Employer will enter into negotiations over the modification and remedy of such resulting substantial adverse impact upon the employees of the Bargaining Unit. Bumping, layoff and recall of Bargaining Unit employees shall be exclusively governed by and in accordance with the provisions of this Agreement and this Article, with the exception that they shall not apply to: 1. Temporary (Emergency) layoff of less than 20 cumulative calendar days; in such cases, employees will be laid off by inverse seniority within classification and work location and recalled by seniority. Temporary layoffs shall not exceed six days per fiscal year during the term of this Agreement. This temporary layoff will only be used for emergency situations, defined for this Article as follows: (a) Unanticipated loss of funding which the Department or Agency does not expect to obtain or make up within the temporary layoff period; or (b) Natural disaster, lack of utilities or civil disruption that makes premises at a work location inaccessible or unusable, subject to the provisions of Article 33, Compensation Policy Under Conditions of General Emergency. Prior to implementing temporary layoffs, the Employer will afford the Union the opportunity to raise and discuss other cost-savings measures as alternatives to, and/or alternative methods for, such temporary layoffs, but such discussions shall not be cause for delay in implementation. The following provisions shall apply in the event a temporary layoff is implemented: • Seniority: An employee who is temporarily laid off will not lose continuous service hours credits for purposes of seniority and fringe benefit accruals. A temporarily laid off employee will not be paid base wages, shift differential, overtime, on-call, hazard, or any similar pay or premiums.

Application of Layoff. MCO recognizes the right of the Employer to lay off or to temporarily reduce the hours of employment consistent with this Agreement, including the right to determine the extent and effective date of such reductions. Upon Union request to negotiate and a showing by the Union that such reductions do or will pose a clear and present threat to the safety of Bargaining Unit employees, the Employer will enter into negotiations over the modification and remedy of such resulting substantial adverse impact upon the employees of the Bargaining Unit. Bumping, layoff and recall of Bargaining Unit employees shall be exclusively governed by and in accordance with the provisions of this Agreement and this Article, with the exception that they shall not apply to: 1. Temporary (Emergency) layoff of less than 20 cumulative twenty (20) consecutive calendar days; in such cases, employees will be laid off by inverse seniority within classification and work location and recalled by seniority. Temporary layoffs shall not exceed six (6) days per fiscal year during the term of this Agreement. This temporary layoff will only be used for emergency situations, defined for this Article as follows: (a) Unanticipated loss of funding which the Department or Agency does not expect to obtain or make up within the temporary layoff period; or (b) Natural disaster, lack of utilities or civil disruption that makes premises at a work location inaccessible or unusable, subject to the provisions of Article 33, Compensation Policy Under Conditions of General Emergency. Prior to implementing temporary layoffs, the Employer will afford the Union the opportunity to raise and discuss other cost-savings measures as alternatives to, and/or alternative methods for, such temporary layoffs, but such discussions shall not be cause for delay in implementation. The following provisions shall apply in the event a temporary layoff is implemented: • Seniority: An employee who is temporarily laid off will not lose continuous service hours credits for purposes of seniority and fringe benefit accruals. A temporarily laid off employee will not be paid base wages, shift differential, overtime, on-call, hazard, or any similar pay or premiums.

Application of Layoff. MCO MSEA recognizes the right of the Employer to lay off or to temporarily reduce the hours of employment consistent with this Agreementemployment, including the right to determine the extent extent, effective date, and effective date length of such reductionslayoffs, for lack of funds, reduction in spending authorizations, lack of work, or reasons of administrative efficiency. Upon Union request The Employer recognizes the importance of seniority to negotiate and a showing by the Union that such reductions do or will pose a clear and present threat to the safety of Bargaining Unit employeesMSEA members; however, the Employer will enter into negotiations over shall have the modification and remedy of such resulting substantial adverse impact upon right to determine the employees of the Bargaining Unitpositions to be vacated when a reduction is deemed necessary. Bumping, layoff and recall of Bargaining Unit employees shall be exclusively governed by and in accordance with the provisions of this Agreement and this Article. For purposes of this Article the term class cluster shall apply only in those departments where a class cluster has been approved in advance by the State Personnel Director and the use of the approved class cluster for job changes, layoff, or recall has been agreed upon in secondary agreements. Layoff and recall shall be in accordance with procedures set forth in this Article with the exception that they shall not apply to: 1. Temporary (Emergency) layoff of twenty (20) or less than 20 cumulative calendar days; work days in a fiscal year. In such cases, employees will be laid off by inverse seniority within classification and work location site/unit and recalled by seniority. Temporary The Employer may lay off out of the line of seniority because of function/specialty and/or funding source. However, layoffs within function/specialty and funding source shall be by inverse seniority. Funding source is defined as Restricted, Federal or General Fund for purposes of this section. Where the Employer determines to temporarily lay off all the Bargaining Unit employees in a work site/unit it may do so provided all unit employees in the work site/unit are laid off in approximately equal numbers for an equal number of days. The Employer shall, when temporary layoffs are being planned, inform the union at least 14 calendar days in advance of the temporary layoffs. Employees shall be given written notice of temporary layoff at least seven calendar days prior to the effective date of temporary layoff. An employee who is temporarily laid off in accordance with the above paragraph shall not exceed six days per fiscal year during the term of this Agreement. This be entitled to any leave balance payoffs upon temporary layoff, however, employees who are temporarily laid off shall continue to accrue seniority, leave credits and all benefits as if they were in full pay status Temporary layoff will only be used for emergency situations, defined for this Article as followsfor: (a) Unanticipated loss a. Loss of funding which the Department or Agency does not expect to obtain or make up within the temporary layoff period. Issuance of a Governor's Executive Order or instructions by the state budget director to departments and agencies to reduce spending in preparation for lapses of spending authorizations necessary to balance the State budget shall be conclusive evidence of loss of funding, but shall not be required. Losses of or reductions in federal funds, restricted State funds, bond sales, or other sources of State revenues shall qualify under this Section; or (b) Natural disaster2. Seasonal layoff of seasonal employees, lack however, procedures covering seasonal layoff and recall of utilities or civil disruption that makes premises at seasonal employees shall be a work location inaccessible or unusableproper subject for secondary negotiations. Except as provided in this Section, subject when the Employer determines it is necessary to expire a limited term appointment prior to the provisions scheduled expiration date, an employee so affected shall be given notice not less than seven (7) calendar days prior to the new expiration date. The expiration of Article 33, Compensation Policy Under Conditions of General Emergency. Prior to implementing temporary layoffs, the Employer will afford the Union the opportunity to raise and discuss other cost-savings measures as alternatives to, and/or alternative methods for, such temporary layoffs, but such discussions a limited term appointment shall not be cause considered a layoff for delay purposes of this Article. An employee with status acquired in implementationa limited term appointment and separated because of the expiration of that appointment may be reinstated within three (3) years in any vacancy in any Department in the same class as that from which the employee was separated. The following provisions Such reinstatement may precede employment of any person on a Civil Service employment list and any person with less seniority on a recall list. This Sub-section shall not apply in the event case of a temporary layoff is implemented: • Seniority: An continuing State classified employee who accepted an appointment to a limited term position under the same Appointing Authority at an equal or higher level; in this situation the employee will be returned to their former class, level, and work site. When the Employer determines there is temporarily to be a layoff, employees who are scheduled to be laid off will shall be given such written notice not lose continuous service hours credits for purposes less than fifteen (15) calendar days prior to the effective date of seniority layoff. The Employer will, when layoffs are being planned, inform MSEA as soon as practicable which under normal circumstances is hereby deemed to be not less than thirty (30) calendar days and fringe benefit accruals. A temporarily laid off employee will not be paid base wages, shift differential, overtime, on-call, hazard, or any similar pay or premiums.discuss upon request the potential impact upon Unit employees caused by such