Common use of Bumping Rights and Procedures Clause in Contracts

Bumping Rights and Procedures. Regular classified employees who are to be laid off may exercise bumping rights in their class or in any equal or lower class in which they hold seniority credit greater than an incumbent. Seniority shall always be used for layoff and bumping and shall not result in a less senior unit member in the classification receiving more benefit than a more senior unit member in the classification. Full-time and less than full-time are outlined below. In determining bumping rights, the following rules shall apply: 1. Permanent employees may exercise bumping rights as specified in this article. Bumping rights are calculated based on seniority date, and the total number of hours assigned per regular work year calendar (to calculate “hours assigned to regular work year calendar”, multiply the assigned regular hours per day by the assigned regular contractual work year calendar days. For example, for an employee who works six (6) hours per day for 180 days per year would be 6 x 180 = 1,080 hours). 2. The right to bump any incumbent in the same class shall not be allowed if there is a vacant position with equal or more assigned hours per year in the employee’s current class to which he/she shall be assigned. 3. If no vacancy exists in the same class with equal or more hours per year, then the affected employee will be offered the least senior occupied position in a class with equal or more (next higher available) hours of assignment per year by seniority. If no such position exists, the employee shall bump the least senior employee in the classification with the most hours per year. Employees displaced because of the bumping process shall, in succession, be granted, by seniority, the same bumping rights. 4. If the employee does not have the seniority to bump in the current classification, he/she may bump in a higher class in which he/she previously obtained permanency provided that he/she has sufficient seniority in the higher class to do so. 5. If the employee does not have enough seniority to bump in a class or in a higher class in which permanency has been obtained, the employee shall be offered bumping rights in equal or lower classes where the employee has served and established seniority. If there is a vacancy with the same or more hours per year in the equal or lower class, then the employee shall be assigned to said vacancy. If no such vacant position exists, the employee may exercise bumping rights in the equal class in the same manner as specified in paragraph C.3. 6. A permanent employee who will suffer layoff, despite exercising bumping rights, will be allowed to transfer to a vacant position in an equal class in which he/she has served or demote to a vacant position in a lower class in which he/she has served, provided he/she is qualified and passed all required District exams. 7. Bumping into a lower class shall be considered a voluntary demotion and salary placement shall be at the step which most nearly corresponds to, but does not exceed the employee’s current salary placement. 8. In all cases, employees exercising their bumping rights or demoting to a vacant position must possess the skills and be able to perform the duties required of the class into which they bump. Employees who do not meet the qualifications for the classification may bump into a classification in which he/she has previously served and has sufficient seniority to bump, or the employee may apply for vacant positions. 9. No regular employees shall be laid off from any position while employees serving under short-term appointment are retained in positions of the same class unless the regular employee declines such a position. In the event an employee declines a position, it must be done in writing. 10. See Layoff and Re-employment flow chart Exhibit D.

Bumping Rights and Procedures. Regular classified employees who are to be laid off may exercise bumping rights in their class or in any equal or lower class in which they hold seniority credit greater than an incumbent. Seniority shall always be used for layoff and bumping and shall not result in a less senior unit member in the classification receiving more benefit than a more senior unit member in the classification. Full-time and less than full-time are outlined below. In determining bumping rights, the following rules shall apply: 1. Permanent employees may exercise bumping rights as specified in this article. Bumping rights are calculated based on seniority date, and the total number of hours assigned per regular work year calendar (to calculate “hours assigned to regular work year calendar”, multiply the assigned regular hours per day by the assigned regular contractual work year calendar days. For example, for an employee who works six (6) hours per day for 180 one-hundred-eighty (180) days per year would be 6 x 180 = 1,080 hours). 2. The right to bump any incumbent in the same class shall not be allowed if there is a vacant position with equal or more assigned hours per year in the employee’s current class to which he/she they shall be assigned. 3. If no vacancy exists in the same class with equal or more hours per year, then the affected employee will be offered the least senior occupied position in a class with equal or more (next higher available) hours of assignment per year by seniority. If no such position exists, the employee shall bump the least senior employee in the classification with the most hours per year. Employees displaced because of the bumping process shall, in succession, be granted, by seniority, the same bumping rights. 4. If the employee does not have the seniority to bump in the current classification, he/she they may bump in a higher class in which he/she They previously obtained permanency provided that he/she has they have sufficient seniority in the higher class to do so. 5. If the employee does not have enough seniority to bump in a class or in a higher class in which permanency has been obtained, the employee shall be offered bumping rights in equal or lower classes where the employee has served and established seniority. If there is a vacancy with the same or more hours per year in the equal or lower class, then the employee shall be assigned to said vacancy. If no such vacant position exists, the employee may exercise bumping rights in the equal class in the same manner as specified in paragraph C.3. 6. A permanent employee who will suffer layoff, despite exercising bumping rights, will be allowed to transfer to a vacant position in an equal class in which he/she has they have served or demote to a vacant position in a lower class in which he/she has they have served, provided he/she is they are qualified and passed all required District exams. 7. Bumping into a lower class shall be considered a voluntary demotion and salary placement shall be at the step which most nearly corresponds to, but does not exceed the employee’s current salary placement. 8. In all cases, employees exercising their bumping rights or demoting to a vacant position must possess the skills and be able to perform the duties required of the class into which they bump. Employees who do not meet the qualifications for the classification may bump into a classification in which he/she has they have previously served and has sufficient seniority to bump, or the employee may apply for vacant positions. 9. No regular employees shall be laid off from any position while employees serving under short-term appointment are retained in positions of the same class unless the regular employee declines such a position. In the event an employee declines a position, it must be done in writing. 10. See Layoff and Re-employment flow chart Exhibit D.

Bumping Rights and Procedures. Regular classified employees who are i) Bumping shall be permitted only where all the following requirements have been met: a) The more senior employee has been served with a notice of layoff. b) The more senior employee has the required knowledge, abilities and skills to perform the duties of a more junior employee’s position. In special circumstances, the Union and Board shall meet on a case-by-case basis to review positions where a junior employee, because of a unique skill set, needs to be laid off may exercise bumping rights retained to provide continuity in their class implementing a student’s IEP. For the purpose of this Article, “knowledge, abilities and skills” shall mean that there is an expectation, based upon a reasonable period of orientation (trial period, Article 4.3) and upon the senior employee’s previous training and experience, that the senior employee will be able to satisfactorily perform the regular duties of the more junior employee. c) The employee wishing to bump a more junior employee has notified the Human Resources Department, using the NON TEACHING LAYOFF RESPONSE FORM, of his/her intention to bump, and that such notification has been given within ten (10) working days of the receipt of the notice of layoff. ii) Within a further ten (10) working days the employee shall be notified in writing whether he/she is allowed to bump, pursuant to (d)(i)(b) or in any equal or lower class in which they hold seniority credit greater that his/her request to bump has been denied. iii) The approved bump shall take effect as soon as operationally feasible but no later than an incumbent. Seniority shall always be used for layoff and bumping and shall not result in a less senior unit member four (4) weeks following the last day as indicated in the classification receiving more benefit than a more senior unit member in advance notice of layoff. iv) If the classification. Full-time and less than full-time are outlined below. In determining bumping rightsemployee has been denied the bump, the following rules shall apply:employee may choose to bump another employee and/or to file a grievance claiming the position the employee had first sought to bump into. 1. Permanent employees may exercise bumping rights as specified in this article. Bumping rights are calculated based on seniority date, and v) In the total number of hours assigned per regular work year calendar (to calculate “hours assigned to regular work year calendar”, multiply the assigned regular hours per day by the assigned regular contractual work year calendar days. For example, for event that an employee who works six (6) hours per day has bumped into another position fails the trial period for 180 days per year would be 6 x 180 = 1,080 hours). 2. The right to bump any incumbent in the same class shall not be allowed if there is a vacant position with equal or more assigned hours per year in the employee’s current class to which he/she shall be assigned. 3. If no vacancy exists in the same class with equal or more hours per year, then the affected employee will be offered the least senior occupied position in a class with equal or more (next higher available) hours of assignment per year by seniority. If no such position existsposition, the employee shall bump the least senior employee in the classification with the most hours per year. Employees displaced because of the bumping process shall, in succession, be granted, by seniority, the same bumping rights. 4. If the employee does not have the seniority to bump in option of choosing termination pay or of going onto the current classification, he/she may bump in a higher class in which he/she previously obtained permanency provided that he/she has sufficient seniority in the higher class to do sorecall list. 5. If the employee does not have enough seniority to bump in a class or in a higher class in which permanency has been obtained, the employee shall be offered bumping rights in equal or lower classes where the employee has served and established seniority. If there is a vacancy with the same or more hours per year in the equal or lower class, then the employee shall be assigned to said vacancy. If no such vacant position exists, the employee may exercise bumping rights in the equal class in the same manner as specified in paragraph C.3. 6. A permanent employee who will suffer layoff, despite exercising bumping rights, will be allowed to transfer to a vacant position in an equal class in which he/she has served or demote to a vacant position in a lower class in which he/she has served, provided he/she is qualified and passed all required District exams. 7. Bumping into a lower class shall be considered a voluntary demotion and salary placement shall be at the step which most nearly corresponds to, but does not exceed the employee’s current salary placement. 8. In all cases, employees exercising their bumping rights or demoting to a vacant position must possess the skills and be able to perform the duties required of the class into which they bump. Employees who do not meet the qualifications for the classification may bump into a classification in which he/she has previously served and has sufficient seniority to bump, or the employee may apply for vacant positions. 9. No regular employees shall be laid off from any position while employees serving under short-term appointment are retained in positions of the same class unless the regular employee declines such a position. In the event an employee declines a position, it must be done in writing. 10. See Layoff and Re-employment flow chart Exhibit D.

Bumping Rights and Procedures. Regular classified employees who are to be laid off may exercise bumping rights in their class or in any equal or lower class in which they hold seniority credit greater than an incumbent. Seniority shall always be used for layoff and bumping and shall not result in a less senior unit member in the classification receiving more benefit than a more senior unit member in the classification. Full-time and less than full-time are outlined below. In determining bumping rights, the following rules shall apply: 1. Permanent employees may exercise bumping rights as specified in this article. Bumping rights are calculated based on seniority date, and the total number of hours assigned per regular work year calendar (to calculate “hours assigned to regular work year calendar”, multiply the assigned regular hours per day by the assigned regular contractual work year calendar days. For example, for an employee who works six (6) 6 hours per day for 180 days per year would be 6 x 180 = 1,080 hours). 2. The right to bump any incumbent in the same class shall not be allowed if there is a vacant position with equal or more assigned hours per year in the employee’s current class to which he/she shall be assigned. 3. If no vacancy exists in the same class with equal or more hours per year, then the affected employee will be offered the least senior occupied position in a class with equal or more (next higher available) hours of assignment per year by seniority. If no such position exists, the employee shall bump the least senior employee in the classification with the most hours per year. Employees displaced because of the bumping process shall, in succession, be granted, by seniority, the same bumping rights. 4. If the employee does not have the seniority to bump in the current classification, he/she may bump in a higher class in which he/she previously obtained permanency provided that he/she has sufficient seniority in the higher class to do so. 5. If the employee does not have enough seniority to bump in a class or in a higher class in which permanency has been obtained, the employee shall be offered bumping rights in equal or lower classes where the employee has served and established seniority. If there is a vacancy with the same or more hours per year in the equal or lower class, then the employee shall be assigned to said vacancy. If no such vacant position exists, the employee may exercise bumping rights in the equal class in the same manner as specified in paragraph C.3. 6. A permanent employee who will suffer layoff, despite exercising bumping rights, will be allowed to transfer to a vacant position in an equal class in which he/she has served or demote to a vacant position in a lower class in which he/she has served, provided he/she is qualified and passed all required District exams. 7. Bumping into a lower class shall be considered a voluntary demotion and salary placement shall be at the step which most nearly corresponds to, but does not exceed the employee’s current salary placement. 8. In all cases, employees exercising their bumping rights or demoting to a vacant position must possess the skills and be able to perform the duties required of the class into which they bump. Employees who do not meet the qualifications for the classification may bump into a classification in which he/she has previously served and has sufficient seniority to bump, or the employee may apply for vacant positions. 9. No regular employees shall be laid off from any position while employees serving under short-term appointment are retained in positions of the same class unless the regular employee declines such a position. In the event an employee declines a position, it must be done in writing. 10. See Layoff and Re-employment layoff/bumping flow chart at Exhibit D.

Bumping Rights and Procedures. Regular classified employees who are to be laid off may exercise bumping rights in their class or in any equal or lower class in which they hold seniority credit greater than an incumbent. Seniority shall always be used for layoff and bumping and shall not result in a less senior unit member in the classification receiving more benefit benefits than a more senior unit member in the classification. Full-Full- time and less than full-time are outlined below. In determining bumping rights, the following rules shall apply: 1. Permanent employees may exercise bumping rights as specified in this article. Bumping rights are calculated based on seniority date, date and the total number of hours assigned per regular work year calendar (to calculate “hours assigned to regular work year calendar”, ,” multiply the assigned regular hours per day by the assigned regular contractual work year calendar days. For example, for an employee who works six (6) hours per day for 180 one hundred eighty (180) days per year would be 6 x 180 = 1,080 hours). 2. The right to bump any incumbent in the same class shall not be allowed if there is a vacant position with equal or more assigned hours per year in the employee’s current class to which he/she they shall be assigned. 3. If no vacancy exists in the same class with equal or more hours per year, then the affected employee will be offered the least senior occupied position in a class with equal or more (next higher available) hours of assignment per year by seniority. If no such position exists, the employee shall bump the least senior employee in the classification with the most hours per year. Employees displaced because of the bumping process shall, in succession, be granted, by seniority, the same bumping rights. 4. If the employee does not have the seniority to bump in the current classification, he/she they may bump in into a higher class in which he/she they previously obtained permanency permanency, provided that he/she has they have sufficient seniority in the higher class to do so. 5. If the employee does not have enough seniority to bump in a class or in a higher class in which permanency has been obtained, the employee shall be offered bumping rights in equal or lower classes where the employee has served and established seniority. If there is a vacancy with the same or more hours per year in the equal or lower class, then the employee shall be assigned to said vacancy. If no such vacant position exists, the employee may exercise bumping rights in the equal class in the same manner as specified in paragraph C.3. 6. A permanent employee who will suffer layoff, despite exercising bumping rights, will be allowed to transfer to a vacant position in an equal class in which he/she has they have served or demote demoted to a vacant position in a lower class in which he/she has they have served, provided he/she is they are qualified and passed all required District exams. 7. Bumping into a lower class shall be considered a voluntary demotion demotion, and salary placement shall be at the step which that most nearly corresponds to, but does not exceed exceed, the employee’s current salary placement. 8. In all cases, employees exercising their bumping rights or demoting to a vacant position must possess the skills and be able to perform the duties required of the class into which they bump. Employees who do not meet the qualifications for the classification may bump into a classification in which he/she has they have previously served and has have sufficient seniority to bump, or the employee may apply for vacant positions. 9. No regular employees shall be laid off from any position position, while employees serving under short-term appointment are retained in positions of the same class unless the regular employee declines such a position. In the event an employee declines a position, it must be done in writing. 10. See Layoff and Re-employment flow chart Exhibit D.