Common use of Bumping Rights Clause in Contracts

Bumping Rights. (i) Where a regular employee has received notice that he/she is not to be retained in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Bumping Rights. (i) Where a. First, an employee identified for layoff will be offered the opportunity to fill a regular vacancy in his/her current title within the Hospital. If the employee has received notice that he/she chooses not to accept the vacancy offered, the employee may opt to be placed on the recall list. b. Second, if a vacancy pursuant to “a” above is not available, the employee will be offered a vacancy in the employee’s immediate prior title. If the employee opts not to fill a vacancy offered under this section, the employee may opt to be retained placed on the recall list or to proceed to “c” below. c. Third, if the employee is not placed in a vacancy pursuant to “a” or “b” above, the classification and department designated for layoff employee may bump the least senior employee in his/her current title within the Hospital. If the employee is unable to bump under Article 10.02this section, such the employee may exercise rights under “d” below. d. Fourth, if the employee is not offered the opportunity to bump pursuant to “c” above, the employee may bump the least senior employee in his/her right to bump an immediate prior title. If the employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses opts not to exercise his/her bumping rights under section (i)this section, such election the employee may opt to be placed on the recall list. e. Employees who exercise rights under provisions “a” through “d” above will not be required to serve a probationary period. f. A staff member who chooses to fill a vacancy or to bump another staff member, and is subsequently informed by the Human Resources department that the salary of the vacant or bump position is more than 10% below his or her current salary, shall be made within three (3) working days of allowed to reconsider their decision and to go on to the date of receipt of such noticerecall list. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Bumping Rights. (i) Where a regular 1. An employee has received notice that he/she is not to be retained in the classification classified service who is laid off from a class, and department designated for layoff under Article 10.02who has passed a probationary period and has seniority, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade levelas defined by this Article, in the same department. An employee's right to bump another employee of lesser seniority or higher class, shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, have the right to bump an employee of lesser seniority shall be extended on an interdepartmental basisbump, as outlined below, a less senior employee. Seniority for purposes of bumping shall include the total of the seniority in section (i) abovethe current class and in an equal or higher class. In the event of a layoff the following bumping option process will be followed: a. An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same class when compared with the employee's current position. To determine if a position is equal hours per day, hours per week and months per year will be considered. (ivb. If the previous option, Section E(1)(a) Upward bumping is unavailable, the employee will be allowed to bump, on the basis of seniority, into a vacant position that has additional assigned time in the same class when compared with the employee's current position. In this case, the employee will not permitted under this Articlebe placed on the reemployment list. c. If the previous option, except where Section E(1)(b) is unavailable, the employee will be allowed to bump into a position providing an equal assignment in the same class when compared with the employee's current position, and which is occupied by a less senior employee in the class with the same number of assigned hours per day and days per week. However, the employee would be allowed to bump into an assignment that has additional months per year worked compared with the employee’s position has been re-evaluated to a lower pay grade and current position. In this case the employee did will not be placed on the reemployment list. d. If the previous option, Section E(1)(c) is unavailable, the employee will bump another employee at into a position with less assigned time in the class that is closest to the employee's current assigned time, upward bumping shall be permitted the next time and which is held by a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior less senior employee in accordance with this Article, he/she the class. The employee shall be placed at on a reemployment list. 2. The employee will repeat the same increment step sequence of options outlined in this article for the new wage grade current class as he/she occupied before so bumpingpositions become available. If no alternative position equal to these options is available in the equal class, the employee will repeat the sequence of options outlined in this rule for the next lower class for which the employee has passed a probationary period and as a result has seniority in that class. If no assignment is available on the basis of greater seniority, the employee shall be laid off and placed on a reemployment list. 3. The parties further agree that when an assignment has been designated as requiring bilingual skills, only employees with such skills may bump into the assignment based on seniority.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Bumping Rights. (i) Where a regular a. First, an employee has received notice that he/she is not to be retained in the classification and department designated identified for layoff under Article 10.02, such employee may exercise will be offered the opportunity to fill a vacancy in his/her right current title within the operating unit and campus. If the employee chooses not to bump an accept the vacancy offered, the employee of lesser seniority and transfer laterally into another job classification may opt to be placed on the recall list. b. Second, if a vacancy pursuant to “a” above is not available, the employee will be offered a vacancy in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having current title on the qualificationscampus. If the employee chooses not to accept the vacancy offered, experiencethe employee may opt to be placed on the recall list. c. Third, skill and ability if a vacancy pursuant to perform “a” or “b” above is not available, the work employee will be offered the opportunity to fill a vacancy in questionthe employee’s current or immediate prior title University-wide. The decision regarding an employee's suitabilityIf the employee opts not to fill a vacancy offered under this section, as the employee may opt to be placed on the recall list. d. Fourth, if the employee is not placed in a vacancy pursuant to “a”, “b” or “c” above, for transfer shall be made by the Employer employee may bump the least senior employee in his/her current title within the operating unit and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular campus. If an employee has received notice of layoff and such employee chooses opts not to exercise his/her bumping rights under section (i)this section, such election the employee may opt to be placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under “e” below. e. Fifth, if the opportunity to bump is not available pursuant to “d” above, the employee may bump the least senior employee in his/her current title campus-wide. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under “f” below. f. Sixth, if the employee is not offered the opportunity to bump pursuant to “e” above, the employee may bump the least senior employee in his/her immediate prior title campus-wide. If the employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the recall list. g. Employees who exercise rights under provisions “a” through “e” above will not be required to serve a probationary period. h. A staff member who chooses to fill a vacancy or to bump another staff member, and is subsequently informed by the campus Human Resources department that the salary of the vacant or bump position is more than 10% below his or her current salary, shall be made within three allowed to reconsider their decision and to go on to the recall list. (3) working days See Appendix A for a listing of the date of receipt of such noticeUniversity Operating Units as they apply to Layoffs and Bumping. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.)

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Bumping Rights. Employees have the right to exercise their bumping rights, based on seniority provisions and minimum qualifications. The Chief Human Resources Officer will review the affected employees’ qualifications. Minimum selection criteria for the position held by the least senior member within the same salary grade will be reviewed first. If the affected employee does not meet the minimum selection criteria for the least senior position, review of minimum selection criteria would then proceed to the second least senior member. If all avenues of less senior members within the same salary grade are exhausted, the process moves to the least senior member at the next lower salary grade. This procedure shall be repeated until the least senior member has been displaced, or the original affected member is laid off. Whenever a member exercises their bumping rights and that action results in another member being bumped out of their current position, the member being bumped will also be served a layoff notice. The review will be completed within ten (i10) Where a regular working days and the affected employee has received notice that he/she and the Association will be notified in writing. If the employee disagrees with the Chief Human Resources Officer’s interpretation of qualifications, the employee may appeal said decision, in writing, stating the basis of the disagreement. The appeal must be filed with the President’s Office within five (5) working days following notification of qualifications decision and the College President will review the appeal. The President’s decision shall be final and binding on all parties and is not to be retained in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice . In all instances of layoff and such employee chooses to exercise his/her bumping rights under section (i)bumping, such election pay shall be made within three (3) working days of at the date of receipt of such notice. (iii) Where appropriate salary grade for the position. An employee forced by layoff to take a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to at a lower pay salary grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment salary step equal to or greater than the salary at the former salary grade or shall be placed at the highest salary step, whichever is less. In the event an employee is not eligible and/or chooses not to exercise their right to bump as granted in this Article, they will be notified of the layoff in writing and they will be retained on a Recall List for a period of eighteen (18) months starting the new wage grade as he/she occupied before so bumpingday after the layoff date.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Bumping Rights. (i) Where a regular 1. An employee has received notice that he/she is not to be retained in the classification classified service who is laid off from a class, and department designated for layoff under Article 10.02who has passed a probationary period and has seniority, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade levelas defined by this Article, in the same department. An employee's right to bump another employee of lesser seniority or higher class, shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, have the right to bump an employee of lesser seniority shall be extended on an interdepartmental basisbump, as outlined below, a less senior employee. Seniority for purposes of bumping shall include the total of the seniority in section (i) abovethe current class and in an equal or higher class. In the event of a layoff the following bumping option process will be followed: a. An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same class when compared with the employee's current position. To determine if a position is equal hours per day, hours per week and months per year will be considered. (ivb. If the previous option, Section E(1)(a) Upward bumping is unavailable, the employee will be allowed to bump, on the basis of seniority, into a vacant position that has additional assigned time in the same class when compared with the employee's current position. In this case, the employee will not permitted under this Articlebe placed on the reemployment list. c. If the previous option, except where Section E(1)(b) is unavailable, the employee will be allowed to bump into a position providing an equal assignment in the same class when compared with the employee's current position, and which is occupied by a less senior employee in the class with the same number of assigned hours per day and days per week. However the employee would be allowed to bump into an assignment that has additional months per year worked compared with the employee’s position has been re-evaluated to a lower pay grade and current position. In this case the employee did will not be placed on the reemployment list. d. If the previous option, Section E(1)(c) is unavailable, the employee will bump another employee at into a position with less assigned time in the class that is closest to the employee's current assigned time, upward bumping shall be permitted the next time and which is held by a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior less senior employee in accordance with this Article, he/she the class. The employee shall be placed at on a reemployment list. 2. The employee will repeat the same increment step sequence of options outlined in this article for the new wage grade current class as he/she occupied before so bumpingpositions become available. If no alternative position equal to these options is available in the equal class, the employee will repeat the sequence of options outlined in this rule for the next lower class for which the employee has passed a probationary period and as a result has seniority in that class. If no assignment is available on the basis of greater seniority, the employee shall be laid off and placed on a reemployment list. 3. The parties further agree that when an assignment has been designated as requiring bilingual skills, only employees with such skills may bump into the assignment based on seniority.

Appears in 2 contracts

Samples: Classified Negotiated Agreement, Classified Negotiated Agreement

Bumping Rights. ‌ Upon notification of layoff, which shall include a reference to this section, an employee shall have two (i2) Where working days to notify the Employer of his intent to exercise bumping rights as set forth below. A regular full-time or part-time employee who is notified of a regular pending layoff because of budgetary limitations, lack of work, departmental reorganization or abolishment of position, shall have bumping rights as follows which may result in several options: A. An employee has received notice that notified of layoff may bump a person out of a position if he/she is has previously held that position within that department and if he/she has more Borough-wide seniority than the person currently occupying the position. An employee may not to be retained bump into a position from which he/she has had an unsuccessful work improvement plan or disciplinary action for substandard job performance in the classification and department designated for prior three (3) years. B. An employee notified of a layoff under Article 10.02, such employee may exercise bump a person out of another position within his/her right to own department if the employee notified of pending layoff meets the minimum qualifications of the position, and the employee has more Borough- wide seniority than the person currently occupying the position. C. An employee notified of a layoff may bump an employee of lesser seniority and transfer laterally the person last hired with the same position title, even though this would mean going into another job classification department or division if he/she has more Borough-wide seniority. If several people are in the same department position title and at the last one hired does not have the same pay grade levelFTE as the employee bumping, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right then they may choose to bump another employee of lesser seniority shall depend on his/her having in the qualificationssame position title most recently hired with the equivalent FTE, experience, skill and ability to perform provided that the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedurebumping employee has more Borough-wide seniority. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her D. Employees designated as Terms are not eligible for bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such noticerights. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Bumping Rights. (i) Where a regular An employee has received notice that he/she is not to be retained in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses desiring to exercise his/her bumping rights under section must do so by delivering written notice to Human Resources within five (i), such election shall be made within three (35) working days of the date of receipt of such layoff notice. (iii) Where a regular a. An employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, shall first have the right to bump an the least senior regular employee of lesser seniority in the employee’s current classification within another department in the City; except that non civil service employees shall be extended on an interdepartmental basis, as outlined in section (i) abovenot have the right to bump into civil service positions. (iv) Upward b. If no bumping is not permitted option exists under this Article16.7.2.a, except where an the employee shall next have the right to bump the least senior regular employee in the next lower classification within the employee’s position has been re-evaluated to a current classification series as defined in Appendix C; then the next lower pay grade and job classification within the employee’s current classification series, progressively. c. If no bumping option exists under 16.7.2.b within the employee’s current classification series, the employee did shall next have the right to bump the least senior regular employee in the most recently held classification in which he/she has held status at the City of Lakewood within the last four (4) years; then the next lower job classification within the last four (4) years, progressively. d. If no bumping option exists under 16.7.2.c, the employee shall next have the right to bump the least senior Regular with End Date employee in a position within the employee’s classification series for which the employee is qualified. If no bumping options exist under 16.7.2.a, 16.7.2.b, 16.7.2.c, or 16.7.2.d, then the employee has no bumping rights. In all cases involving bumping, the following provisions must apply: a. Employees exercising bumping rights must meet the minimum qualifications for the position as described in the job description and civil service rules, if applicable. b. Employees exercising bumping rights must have more seniority (as defined in Section 16.3) than the person being bumped. c. Employees exercising bumping rights shall not bump another employee at that time, upward into a higher classification. Regular full-time employees shall have the option of bumping shall be permitted the next full or part-time a lay-off occurs to that employee and only to a position in their former higher pay gradeemployees. Regular part-time employees may only bump other regular part-time employees. (v) When employees with an equal or lesser FTE status. An employee bumps a more junior employee in accordance with this Articlewho has exercised bumping rights shall retain the employee’s current salary providing it does not exceed the maximum salary of the new range. If the employee’s current salary exceeds the maximum of the new range, he/she the employee’s salary shall be placed at reduced to the same increment step for maximum of the new wage grade as he/she occupied before so bumpingrange. An employee bumping to another position shall retain the employee’s previous anniversary date for purposes of eligibility for salary increases.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Bumping Rights. (iA) Where a regular Option for employees with four or more years of seniority. An employee has received notice with more than four years seniority whose position is being eliminated may exercise his or her seniority provided that he/he or she is not qualified, by choosing to be retained bump the most junior employee in any office with less than four years seniority who occupies a position in the same or lesser classification and department designated of the employee's position class series. (B) Option for layoff under Article 10.02, such employees with less than four years but greater than two years seniority. An employee with less than four years but greater than two years seniority whose position is either eliminated or the employee is bumped pursuant to Section 17.05(A) may exercise his/her right or his seniority provided that she or he is qualified, by choosing to bump the most junior employee occupying a position in the same or lesser classification of the employee's position class series in the following sequence: Firstly - within the employee's geographic area pursuant to Section 17.02(a), or if not possible, Secondly - on a province wide basis. (C) An employee who has less than two years seniority has no bumping rights. (D) For purposes of administering the bumping process only, when more than one employee subject to layoff elects to bump into the same job, the employees involved shall bump in order of seniority until the bumping process is completed. (E) An employee cannot bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade leveloccupying a position with a higher classification, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedurei.e. no bumping up. (iiF) Where a regular An employee has received notice of layoff will be placed in the new classification and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days new salary range of the date position of receipt of such notice. (iii) Where a regular the incumbent the employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basisbumps, as outlined in section (i) above.follows: (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade1. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior an employee in accordance the same classification with this Article, he/she shall the same salary range the employee will be placed at the same increment incremental salary step that she or he currently holds. 2. When an employee occupies a position within the working level class series: (a) Appraiser II or lesser for appraisal (b) Appraisal Assistant II or lesser for Appraisal Assistants the employee shall retain his or her current salary rate when bumping within the working level class series. 3. When an employee bumps an employee in a lesser classification with a lesser salary range the employee will be placed at the nearest incremental salary step on the lower salary range which approximates the employee's current salary rate provided that under no circumstances will an employee receive higher remuneration or benefits. 4. Pursuant to the foregoing, under no circumstances will an employee's salary rate exceed the salary maximum of the salary range of the new wage grade as he/she occupied before so bumpingclass. (G) Provided an employee has exhausted his or her bumping rights pursuant to the above, and subject to Section (C), the employee may exercise his or her seniority to choose to bump the most junior employee with less than four years seniority on a province wide basis who occupies a position that the employee has previously permanently held within the Authority.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Bumping Rights. (i) Where a regular employee has received notice that he/she is not to be retained in the classification and department designated for layoff under Article 10.0211.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Bumping Rights. (ia) Where a regular Employees laid off under Section 11.1 shall be permitted to displace (bump) other employees with less seniority, provided the employee has received notice that he/she who is not to be retained in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right seeking to bump an employee of lesser seniority and transfer laterally into another job classification in has the same department and at the same pay grade levelskills, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill knowledge and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by of the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedureother position. (iib) Where Employees who bump another employee under subsection (a) shall be permitted a regular reasonable familiarization period, in which to demonstrate that they can perform the duties of the new position in a satisfactory manner. (c) Employees seeking to bump another employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section subsection (ia), such election shall be made make this desire known to the Association within three five (35) working days of being notified of layoff or being declared redundant under this article, or such longer period as may be mutually agreed to by the date Union and the Association when the circumstances of receipt of such noticeany case warrant. (iiid) Where When, as the result of a regular bump, an employee’s current pay is above the rate for the position into which they bump, at the applicable step, the employee has received notice may elect one (1) of layoff the following options, provided such election must be made prior to the employee assuming the duties of the new position. Should no election be made, the employee will be deemed to have elected option (1): (1) Suffer no reduction in their current rate of pay for a period of two (2) years, plus receiving all general pay increases and where increments to which they would otherwise have been entitled during such period. Following this two (2) year period, the employee shall be paid the standard rate for the job into which they bump. During this two (2) year period, the Association may unilaterally promote such employee occupies a job classification to any other vacant position for which he/she is qualified and which is comparable valued above the position into which they bumped; or (2) Have their current rate of pay “blue circled”. The maximum amount of blue circling protection any employee may receive under this article is four (4) pay grades above the rate applying to other departmentsthe position into which they bump. Blue circled employees shall receive fifty percent (50%) of the negotiated increases and fifty percent (50%) of their normal step increases, until such time as their blue circled rate of pay coincides with the rate for their new position, at the applicable step. Thereafter, the employee shall no longer be blue circled and shall receive the standard rate for the position into which they bumped. (e) The Association reserves the right to bump an employee transfer such employees to positions of lesser seniority shall be extended on an interdepartmental basistheir original classification when a vacancy occurs, as outlined in section (i) above. (iv) Upward bumping is not permitted under subject to the provisions of Clause 10 of this Article, except where an employee’s position has been re-evaluated to a lower pay grade Collective Agreement and the employee did not bump another employee at that time, upward bumping shall be permitted seniority and capabilities of the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.

Appears in 1 contract

Samples: Collective Agreement

Bumping Rights. An employee who is given the initial notice of layoff can either accept the layoff or can use their seniority to exercise bumping rights. A request to bump must be made within seven (i7) Where working days of receipt of the layoff notice. The bumping right can be exercised to assume the position of the least senior employee who holds a regular employee has received notice that he/she is not to be retained job title in the same rank or the next lower rank in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in questiongroup. The decision regarding an employee's suitability, as above, for transfer shall bumping right can also be made exercised to move into the position of the least senior employee in a position of equal or lower rate of pay previously held by the Employer and whether such determination was made by employee receiving the Employer in a fair and equitable fashion shall be subject to layoff notice within the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within past three (3) working days years, including positions listed in the Specialties grouping, provided that the employee receiving the layoff notice was not removed from the previously held position for poor job performance or for disciplinary reasons. a. If there is no less senior employee in the next lower job title, the employee may bump the least senior employee in the next lower job title in descending order within the classification group. b. An employee who is displaced by being bumped under the preceding paragraph may also use their seniority in the same manner to bump into the next lower job title in the classification group. However, there will be a limit of three (3) bumps as a result of the date elimination of receipt any position, with the final bump resulting in the layoff of such noticethe least senior employee in the classification group. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable c. Employees who are to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did laid off may not bump another employee at that timeemployees with less seniority in higher ranking/higher paid job titles within the classification group, upward bumping shall be permitted the next time a lay-off occurs nor may they bump to that employee and only to a position in their former higher pay gradepositions with more scheduled work hours per week than they had held previously. Regular part-time Less than twelve (12) month per year employees may only not bump other regular part-time twelve- (12) month employees. d. In order to To bump, the employee must have the ability, capacity, and skill to perform the job and must demonstrate ability to perform all job functions within fifteen (v15) When an employee bumps working days from the date they assume the job duties. If, after a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.trial period of fifteen

Appears in 1 contract

Samples: Reduction in Workforce and Recall Agreement

Bumping Rights. (i) Where 2.01 An employee whose position is abolished shall be entitled to bump into a regular employee has received notice that position in the same class in which he/she currently holds a permanent position provided there is not an employee within that class with less seniority. In the event that an employee whose position is to be retained abolished cannot by virtue of seniority within his/her class bump another employee in that class, he/she shall bump into the classification next lower or lateral class within the job family in which the employee was working and department designated for held a permanent appointment immediately prior to the notification of layoff under Article 10.02and in which there is an employee with less seniority in that class. After the City has notified the affected employee, such employee may exercise if any, of his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Articlebump, he/she must notify the City Manager or his/her designee of his/her intent to exercise the bumping rights within five calendar days of that notification. If no response is received from the bumping employee within the above time period, said bump shall automatically occur. The employee with the least seniority in the then affected class shall be placed at bumped. The employee bumped shall be considered as laid off for the same increment step for reason as the new wage grade person who bumped him/her, and said employee shall be eligible to bump into a lower class within his/her job family as specified above provided a lower class exists within that job family. For the purpose of this section, seniority includes all periods of full-time permanent service within the City at or above the class level within a defined job family where layoff is to occur. In the event that two or more employees involved in a bumping situation should possess the same amount of seniority as determined above within the affected class, then total City seniority shall determine which employee is to be bumped. 2.02 A permanent employee in a single class job family shall only be entitled to bump back to the class in which he/she occupied before so bumpingheld a permanent appointment immediately prior to the position that he/she now holds and in which there is an employee with less seniority in the class. Said employee shall be entitled to only these bumping rights and no other bumping rights shall apply to said employee. 2.03 An employee appointed to a class in another bargaining unit other than the Service- Maintenance and Crafts Bargaining Unit may only exercise bumping rights into the specific class in which he/she last held a permanent appointment. 2.04 An employee who bumps into a lower class shall be assigned a pay rate in the pay range for the lower class that is equal to his/her previous pay rate, or the pay rate in the pay range that represents the least pay reduction from his/her previous pay rate, but in no event shall the pay rate in the lower class exceed his/her previous pay rate. 2.05 It is the City's intention to avoid layoffs. A layoff shall only occur if there are bona fide economic reasons or if there is a legitimate business reason for reorganization. In such circumstances, the City shall provide the affected employee with a minimum of 14 days advance notice.

Appears in 1 contract

Samples: Memorandum of Understanding

Bumping Rights. An employee who is given the initial notice of layoff can either accept the layoff or can use their seniority to exercise bumping rights. A request to bump must be made within seven (i7) Where working days of receipt of the layoff notice. The bumping right can be exercised to assume the position of the least senior employee who holds a regular employee has received notice that he/she is not to be retained job title in the same rank or the next lower rank in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in questiongroup. The decision regarding an employee's suitability, as above, for transfer shall bumping right can also be made exercised to move into the position of the least senior employee in a position of equal or lower rate of pay previously held by the Employer and whether such determination was made by employee receiving the Employer in a fair and equitable fashion shall be subject to layoff notice within the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within past three (3) working days years, including positions listed in the Specialties grouping, provided that the employee receiving the layoff notice was not removed from the previously held position for poor job performance or for disciplinary reasons. a. If there is no less senior employee in the next lower job title, the employee may bump the least senior employee in the next lower job title in descending order within the classification group. b. An employee who is displaced by being bumped under the preceding paragraph may also use their seniority in the same manner to bump into the next lower job title in the classification group. However, there will be a limit of three (3) four (4) bumps as a result of the date elimination of receipt any position, with the final bump resulting in the layoff of such notice.the least senior employee in the classification group. (OK) (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable c. Employees who are to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did laid off may not bump another employee at that timeemployees with less seniority in higher ranking/higher paid job titles within the classification group, upward bumping shall be permitted the next time a lay-off occurs nor may they bump to that employee and only to a position in their former higher pay gradepositions with more scheduled work hours per week than they had held previously. Regular part-time Less than twelve (12) month per year employees may only not bump other regular part-time twelve- (12) month employees. d. In order to To bump, the employee must have the ability, capacity, and skill to perform the job and must demonstrate ability to perform all job functions within fifteen (v15) When an employee bumps working days from the date they assume the job duties. If, after a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.trial period of fifteen

Appears in 1 contract

Samples: Reduction in Workforce and Recall Agreement

Bumping Rights. (i) Where a regular 1. An employee has received notice that he/she is not to be retained in the classification classified service who is laid off from a class, and department designated for layoff under Article 10.02who has passed a probationary period and has seniority, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade levelas defined by this Article, in the same department. An employee's right to bump another employee of lesser seniority or higher class, shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, have the right to bump an employee of lesser seniority shall be extended on an interdepartmental basisbump, as outlined below, a less senior employee. Seniority for purposes of bumping shall include the total of the seniority in section (i) abovethe current class and in an equal or higher class. In the event of a layoff the following bumping option process will be followed: a. An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same class when compared with the employee's current position. To determine if a position is equal hours per day, hours per week and months per year will be considered. (ivb. If the previous option, Section E(1)(a) Upward bumping is unavailable, the employee will be allowed to bump, on the basis of seniority, into a vacant position that has additional assigned time in the same class when compared with the employee's current position. In this case, the employee will not permitted under this Articlebe placed on the reemployment list. c. If the previous option, except where Section E(1)(b) is unavailable, the employee will be allowed to bump into a position providing an equal assignment in the same class when compared with the employee's current position, and which is occupied by a less senior employee in the class with the same number of assigned hours per day and days per week. However the employee would be allowed to bump into an assignment that has additional months per year worked compared with the employee’s position has been re-evaluated to a lower pay grade and current position. In this case the employee did will not be placed on the reemployment list. d. If the previous option, Section E(1)(c) is unavailable, the employee will bump another employee at into a position with less assigned time in the class that is closest to the employee's current assigned time, upward bumping shall be permitted the next time and which is held by a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior less senior employee in accordance with this Article, he/she the class. The employee shall be placed at on a reemployment list. 2. The employee will repeat the same increment step sequence of options outlined in this article for the new wage grade current class as he/she occupied before so bumpingpositions become available. If no alternative position equal to these options is available in the equal class, the employee will repeat the sequence of options outlined in this rule for the next lower class for which the employee has passed a probationary period and as a result has seniority in that class. If no assignment is available on the basis of greater seniority, the employee shall be laid off and placed on a reemployment list.

Appears in 1 contract

Samples: Classified Negotiated Agreement

Bumping Rights. Employees identified for layoff who have seniority (ibumping) Where rights to their current or previously held classification within the representation unit must declare their intention to exercise these rights within seven (7) regularly scheduled working days after written notification of layoff, otherwise bumping rights will automatically terminate. Bumping may occur within the representation unit, only to the least senior incumbent of the current or a regular previously held classification. To successfully bump, the employee has received notice that he/she is not to must be retained qualified, and capable of performing all work in the classification position bumped. An employee who declares bumping rights may not also claim priority re-employment rights. For purposes of this section of the Agreement, the term "working days" shall mean Mondays through Fridays, exclusive of holidays. When employees declare their intention to exercise their seniority (bumping) rights, the City will provide the Union with a current list of the least senior incumbents to their current or previously held classification, within five (5) working days from the date employees exercise their seniority (bumping) rights, with the mutual goal to offset a potential lay-off of the impacted employee(s). Employees who are in jeopardy of being laid off and department designated for layoff under Article 10.02, such employee may exercise his/her have waived their right to bump an employee of lesser seniority and transfer laterally into another job or when there are no positons that exist within the current or previously held classification in for the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's employees to exercise their right to bump another bump, employees will have priority hiring rights for any vacant budgeted positions within the City. For the purposes of this section, priority hiring is defined as sole consideration by the hiring manager for any position where the employee meets the minimum qualification or through a combination of lesser seniority shall depend on his/her having knowledge and experience can be reasonably assumed to meet the minimum qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall No other internal or external candidates will be considered until a final determination has been made by the Employer and whether such determination was made by the Employer hiring manager in a fair and equitable fashion shall be subject regards to the grievance procedure. priority hire. If more than one (ii1) Where employee in jeopardy of being laid off exercises their priority hiring status, then all employees with priority hiring status will be considered simultaneously. This section shall not constitute any guarantees to appointment of positions or expansion of bumping rights. When employees exercise their priority hiring status rights, the City will provide the Union with a regular employee has received notice current list of layoff and such employee chooses to exercise his/her bumping rights under section all vacant budgeted positions at the City within five (i), such election shall be made within three (35) working days of from the date of receipt of such notice. (iii) Where the employees exercise their priority hire status, with the mutual goal to offset a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a potential lay-off occurs to that employee and only to a position in their former higher pay gradeof the impacted employee(s). Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps secures a more junior employee in accordance position with this Articlethe City through the priority hire process, he/she shall all reasonable measures will be placed at the same increment step for the taken to ensure and support a successful transition into their new wage grade as he/she occupied before so bumpingposition.

Appears in 1 contract

Samples: Memorandum of Agreement

Bumping Rights. 1. Once the RIF lists are prepared, the unit members whose contracts will not be suspended, but whose current assignment has been eliminated, will be identified in order of seniority. Unit members to be reassigned are those with the least seniority in the grade level affected in grades K or the department affected at the secondary level. Reassignment shall be into areas that the individual is certified for. Unit members may not, however, bump into certificated areas that they have not taught in during the preceding five (i5) Where years. They may do so, however, if they have taken a regular employee has received notice course in that certificated area within the last five (5) years or agree to take a course within that area prior to the next school year. The Board will reimburse the unit member for that course. 2. Of this group of unit members to be reassigned, the most senior unit member will: (1) consider available vacant positions for which he/she is not to be retained certified, (2) bump the unit member with the least seniority throughout the district at that grade level or in that department, (3) bump the classification and department designated for layoff under Article 10.02, such employee may exercise unit member with the least seniority throughout the district within his/her right to bump an employee area of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same departmentcertification. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer Vacancies shall be made interpreted to include those positions that are currently held by unit members whose contracts will be suspended, but the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedureposition itself is not being eliminated. 3. Once the most senior unit member has exercised one (ii1) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days options described in Item 2, then the next senior unit member will consider the same three (3) options. 4. Since a goal of the date school district is to place unit members into positions they desire to the extent practicable, a unit member may decline all three of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, options described above if he/she shall does not believe an appropriate position is available. Upon written request to the Superintendent, the unit member may choose to have his/her contract suspended and be placed at on the same increment step recall list in order of seniority. The unit member will then be eligible for recall pursuant to Section 4 of these procedures. This option is available only to those unit members who must be reassigned because of a Reduction in Force (RIF). 5. This procedure will continue until all remaining vacancies are filled and all unit members who are not affected by the RIF either have assignments or have declined assignments and elected to have his/her contract suspended. 6. A unit member will have five (5) calendar days to exercise one of the options. If a unit member does not exercise one of the options within the five (5) calendar days, the unit member will be assigned a teaching position. 7. If a vacancy occurs in the original building the year during which a unit member has been transferred, that unit member may request to return to the original building if: (1) school is not in session, (2) if the vacancy occurs prior to August 1, and (3) the unit member is certified for the new wage grade as he/she occupied before so bumpingvacancy. • Unless the unit member can move back to an original building in the current year, the reassignment process will not be redone unless mutually agreed to by all concerned.

Appears in 1 contract

Samples: Master Agreement

Bumping Rights. (i) Where a regular An employee has received notice that he/she who is not to be retained in given the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received initial notice of layoff and such employee chooses under section 37.3 can either accept the layoff or use their seniority to exercise his/her bumping rights under section (i)rights. Notification of the option to bump will be provided in writing using the employee’s personal contact information. This notification will include current job description(s) for the potential bumping opportunities, such election shall rate range of classification(s) available for bumping, potential location, schedule, and supervisor if known. A request to bump must be made within three (3) working days calendar days, not including holidays Employees who are to be laid off may not bump employees with less seniority in higher-ranking job titles within the classification group. Bumping rights can be exercised by a more senior employee in a classification to bump the least senior employee in the same classification. If there is no less senior employee in the classification, then they may bump to the least senior employee in the next classification in descending order within the classification group, as long as the bumping employee has greater seniority than that other employee. An employee who is displaced by bumping may also use their seniority in the same manner to bump into the next lower classification in the classification group. If there is no less senior employee in the next classification, then they may bump to the least senior employee in the next lower classification in descending order within the classification group, as long as the bumping employee has greater seniority than that other employee. An employee who has service under the Agreement in another classification group with the district may exercise bumping rights within that classification group as well. Bumping rights can be exercised to assume the position of the date of receipt of such notice. (iii) Where least senior employee who holds a regular position in the formerly held classification, as long as the bumping employee has received notice greater seniority than that other employee. If there is no less senior employee, they may also use their seniority in the same manner to bump into the next lower classification in the classification group, as long as the bumping employee has greater seniority than that other employee. In order to bump, employees must have the ability, capacity and skill to perform the job and must demonstrate ability to perform all job functions within fourteen (14) calendar days from the date they assume the job duties. If after a trial period of layoff and where such fourteen (14) calendar days, the employee occupies cannot perform the duties of their current position in a job satisfactory manner, the employee may, at the discretion of the district, either be given additional time for training or be laid off. If they are laid off, the district will fill the position by recall of an employee who was laid off from a higher classification within the same classification group or by recalling the employee who was bumped out of that position, whoever has more seniority. An employee who bumps into a lower classification will be placed on the step in the new classification which is comparable justified by bona fide factors under the Oregon Equal Pay Act. An employee eligible to other departments, the bump may waive their right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated and may choose to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at on the same increment step for the new wage grade as he/she occupied before so bumpinglayoff and recall list instead.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Bumping Rights. An employee who is given the initial notice of layoff can either accept the layoff or can use their seniority to exercise bumping rights. A request to bump must be made within seven (i7) Where ten (10) working days of receipt of the layoff notice. The bumping right can be exercised to assume the position of the least senior employee who holds a regular employee has received notice that he/she is not to be retained job title in the same rank or the next lower rank in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in questiongroup. The decision regarding an employee's suitability, as above, for transfer shall bumping right can also be made exercised to move into the position of the least senior employee in a position of equal or lower rate of pay previously held by the Employer and whether such determination was made by employee receiving the Employer in a fair and equitable fashion shall be subject to layoff notice within the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within past three (3) working days years, including positions listed in the Specialties grouping, provided that the employee receiving the layoff notice was not removed from the previously held position for poor job performance or for disciplinary reasons. a. If there is no less senior employee in the next lower job title, the employee may bump the least senior employee in the next lower job title in descending order within the classification group. b. An employee who is displaced by being bumped under the preceding paragraph may also use their seniority in the same manner to bump into the next lower job title in the classification group. However, there will be a limit of three (3) four (4) bumps because of the date elimination of receipt any position, with the final bump resulting in the layoff of such noticethe least senior employee in the classification group. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable c. Employees who are to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did laid off may not bump another employee at that timeemployees with less seniority in higher ranking/higher paid job titles within the classification group, upward bumping shall be permitted the next time a lay-off occurs nor may they bump to that employee and only to a position in their former higher pay gradepositions with more scheduled work hours per week than they had held previously. Regular part-time Less than twelve (12) month per year employees may only not bump other regular part-time twelve (12) month employees. d. To bump, the employee must have the ability, capacity, and skill to perform the job and must demonstrate ability to perform all job functions within fifteen (v15) When an working days from the date they assume the job duties. If, after a trial period of fifteen (15) working days, the employee cannot perform the duties of the lower ranked job in a satisfactory manner, the employee will be given ten (10) working days for training and job proficiency or be laid off. If they are laid off, the District will fill the job either by recalling the most senior employee who was laid off from a higher ranked job within the classification group or by recalling the most senior employee who was bumped out of that job title. e. The employee who bumps into a more junior employee in accordance with this Article, he/she lower ranked job title shall be paid according to the salary schedule for that job title and will be placed at the same increment incremental step held in their previous job title. f. Employees terminated from employment due to a layoff will receive pay for all accrued vacation time and compensatory time on the new wage grade as he/she occupied before so bumpingeffective date of termination.

Appears in 1 contract

Samples: Reduction in Workforce and Recall Agreement

Bumping Rights. (i) Where a regular An employee has received notice that he/she is not to be retained in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee who has received notice of layoff may choose to ‘bump’, i.e. displace a less-senior employee in an equal or lower classification (an equal or lower classification is a classification where the annual full-time salary is less than or equal to the annual full-time salary in the classification currently occupied by an employee - a list of equal or lower classifications will be provided to employees receiving layoff/bumping notice). Those positions into which employees can ‘bump’ (including positions of individuals on Leave of Absence) are those which the employees are qualified to perform given a reasonable familiarization period. It is not anticipated that an employee will target a specific employee’s position to ‘bump’ into (unless there is only one such position within the classification in the work location) but will instead ‘bump’ into the position with an E.F.T. identical to the employee’s current E.F.T. and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departmentsheld by the junior employee in the classification at that location. If an E.F.T. match is not available, the right employee may ‘bump’ into the position which is within +/-0.2 of current E.F.T. and which is held by the junior employee in the classification at that location. While consideration will be given to bump an employee of lesser seniority shall be extended on an interdepartmental basis, matching as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where closely as possible an employee’s position has been re-evaluated to a lower pay grade current hours of work and shift rotation, it is understood that this will not be possible in many cases, especially where the hours of work and shift rotations of other staff would be significantly impacted. An employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to who ‘bumps’ into a position will not have a trial period in their former higher pay gradethat position, however a familiarization period will be provided if required. Regular part-time employees A familiarization period may only bump other regular part-time employees. not be required (v) When e.g. where an employee bumps into another position in the same classification in the same department/unit). Where an employee bumps into another classification and/or department, the familiarization period shall be as appropriate for any new hire. Employees should carefully consider the position into which they are ‘bumping’ as only one ‘bump’ is allowed. While a more junior ‘bump’ will normally take place effective the date on which an employee’s current position is deleted, it will be required that employees provide the Centre with advance notice of their intentions so employees affected by the ‘bumping’ process can be advised well in advance. Any employee who is displaced by the ‘bumping’ process will be so notified and will be eligible to utilize seniority rights to “bump’ or transfer in accordance with this Article, protocol. Should an employee experience performance difficulties in the position into which he/she has ‘bumped’, the parties shall meet to discuss the situation with a view to resolving the problem. It is the position of the Centre that an employee who, after being given a fair and reasonable opportunity, proves ultimately to be placed at unsatisfactory in the same increment step for position into which he or she has ‘bumped’ will be laid off. It is the new wage grade as he/she occupied before so bumpingposition of the Alliance that an individual in such a situation is allowed to then bump in accordance with the terms of the Collective Agreement.

Appears in 1 contract

Samples: Collective Agreement

Bumping Rights. (i) Where a. First, a regular employee has received notice that he/she is not to be retained in the classification and department designated staff member identified for layoff under Article 10.02, such employee may exercise will be offered the opportunity to fill a vacancy in his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and current title at the same pay grade levelUniversity. If the staff member chooses not to accept the vacancy offered, or alternatively into the staff member may opt to be placed on the recall list. b. Second, if a job classification at vacancy pursuant to “a” above is not available, the staff member will be offered the opportunity to fill a lower pay grade level, vacancy in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having immediate prior title, within his/her current operating unit first, and if nothing is available within the qualificationsoperating unit, experienceat the University. If the staff member chooses not to accept the vacancy offered, skill and ability the staff member may opt to perform be placed on the work recall list. c. Third, if the staff member is not placed in question. The decision regarding an employee's suitability, as a vacancy pursuant to “a” or “b” above, for transfer shall be made by the Employer and whether such determination was made by staff member may bump the Employer least senior employee in his/her current title at the University. If a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses staff member opts not to exercise his/her bumping rights under section (i)this section, such election the staff member may opt to be placed on the recall list. If the staff member is unable to bump under this section, the staff member may exercise rights under “d” below. d. Fourth, if the opportunity to bump is not available pursuant to “c” above, the staff member may bump the least senior employee in his/her immediate prior title within his/her current operating unit first, and if nothing is available within the operating unit, at the University. If a staff member opts not to exercise his/her bumping rights under this section, the staff member may opt to be placed on the recall list. e. A staff member on the recall list shall be made within three (3) working days provided with access to postings of non-civil service vacancies at the Rowan Main Campus for informational purposes only. f. A staff member who chooses to fill a vacancy or to bump another staff member, and is subsequently informed by the campus Human Resources department that the salary of the date of receipt of such noticevacant or bump position is more than 10% below his or her current salary, shall be allowed to reconsider their decision and to go on to the recall list. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been reg. Part-evaluated to a lower pay grade and the employee did time staff members may not bump another employee at that timefull time staff members, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular however, they may bump other part-time employees may only staff members at equivalent or less hours. Full-time staff members may, however, bump other regular part-time employeesstaff members. Time off benefits for full-time staff members bumping into a part-time position will be prorated. Prior to regular staff members being placed on the recall list, regular staff members may be placed in a vacant temporary position. A staff member placed into a temporary full-time position may continue to be benefits eligible. Regular staff members who are placed into a vacancy which is a temporary position may bid on any vacant positions. When the temporary position has ended, the regular staff member will be placed on the recall list for a full year based upon his/her former title. (v) When an employee h. A staff member who is placed in a vacancy or bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment step position other than a temporary position may not bid on a vacant position for the new wage grade as he/she occupied before so bumpinga period of six (6) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Bumping Rights. (i) Where a regular 1. An employee has received notice that he/she who is not identified to be retained in laid off may take the classification and department designated for layoff under Article 10.02, such employee or may exercise his/her a right to bump an the least senior employee of lesser seniority and transfer laterally into another job classification in the same department cost center regardless of shift or classification providing the employee is willing to accept the hours being worked by the employee she/he is bumping or in the event that there are no bumping rights available in the cost center, the cost center is closed or the employee chooses not to exercise her/his bumping rights within the cost center, the employee will be offered the choice of any and at all vacant positions with the same pay grade level, or alternatively into a job shift and classification at a lower pay grade level, in for which the same departmentemployee is qualified. An employee's right to bump another employee shall not be deemed qualified for the purposes of lesser seniority shall depend on his/her having this Article if the qualifications, experience, skill and ability to perform employee would require more than thirty (30) days of orientation for the work position in question. In the event there is no vacant position available, same shift and classification, the employee may bump the least senior employee in the bargaining unit same shift and classification they are qualified to replace. The decision regarding an employee's suitabilityemployee displaced will be offered the choice of any and all vacant positions available regardless of shift or classification. In the event no vacant positions are available, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, will have the right to bump an the least senior employee in the bargaining unit which the employee is qualified to replace regardless of lesser shift or classification provided they are willing to assume the shift and classification of that employee. Where there are two (2) or more employees equally qualified to fill the vacancy, as determined by the Hospital, the employee with the greatest bargaining unit seniority shall be extended on offered the vacant position. The employee must notify the Hospital of her/his decision to accept or reject the offered vacant position within forty eight (48) hours of the offer being made. If an interdepartmental basisemployee refuses a position, as outlined that is in section (i) above. (iv) Upward bumping is not permitted her/his same classification and shift, she/he forfeits all recall rights under this Article, except where an employee’s position has been re-evaluated . The employee may convert to a lower pay grade and per diem position (without recall rights) or their employment will be terminated. 2. If there are no vacant positions or bumping rights available for which a laid off employee is qualified, the employee did not bump another employee at that time, upward bumping shall be permitted the next time a laylaid off. 3. A laid-off occurs to that employee and only may convert to a position in their former higher pay gradeper diem position. Regular part-time employees may only bump other regular part-time employeesIf the employee accepts a per diem position, this will not affect layoff/recall rights. 4. Laid off employees must exercise their bumping rights, if any, within forty eight (v48) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at hours of being notified of their options by the same increment step for the new wage grade as he/she occupied before so bumpingHospital.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Bumping Rights. An employee who is given the initial notice of layoff under paragraph B of this article can either accept the layoff or can use his or her seniority to exercise bumping rights. A request to bump must be made within five (i5) Where days of receipt of the layoff notice. The bumping right can be exercised to assume the position of the least senior employee who holds a regular job title in the next lower rank in the classification group, as long as the bumping employee has received greater seniority than that other employee. An employee who is displaced by being bumped under the preceding paragraph may also use his or her seniority in the same manner to bump into the next lower job title in the classification group. If there is no less senior employee in the next job title, then he/she may bump to the least senior employee in the next lower job title in descending order within the classification group. If an employee who is given the initial notice of layoff under paragraph B of this article is unable to bump into a job title within his/her current classification group, and that employee has been employed by the District in a classification group different than his/her current classification group, the employee shall have the right to be moved back to his/her previous classification group, assuming the layoff occurs within four (4) years of the employee changing classification groups. He/she may only be moved back into the same or lower paying job title within the classification group that he/she is not previously held, as long as the bumping employee has greater seniority than the least senior employee in the former classification group. The employee must still be qualified to perform the duties of the job, as contained in this article. Employees who are to be retained laid off may not bump employees with less seniority in higher ranking job titles within the classification group. In order to bump, the employee must have the ability, capacity and department designated for layoff under Article 10.02skill to perform the job, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same departmenttime of bumping. An employee's right to bump another The employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and must then demonstrate ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. all job functions within ten (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (310) working days from the date he or she assumes the job duties. If, after a trial period of ten (10) working days, the employee cannot perform the duties of the date of receipt of such notice. (iii) Where lower ranked job in a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departmentssatisfactory manner, the right to bump employee may, at the discretion of the District, either be given additional time for training and job mastery or be laid off. If he or she is laid off, the District will fill the job either by recall of an employee who was laid off from a higher ranked job within the classification group or by recalling the employee who was bumped out of lesser seniority that job. The employee who bumps into a lower ranked job title shall be extended placed on an interdepartmental basisthe experience step of the salary range for that job equivalent to whichever is higher in 1 or 2 below, as outlined in section (i) above. (iv) Upward bumping is provided the rate paid does not permitted under this Article, except where an employee’s position has been re-evaluated to a exceed the top of the salary range for the lower ranked job or the rate of pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted received on the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, job from which he/she shall be placed at bumped. 1. the same increment step for years of service the new wage grade as employee has completed in the job title from which he/she occupied before so bumping.bumped, or 2. the years of service the employee has actually completed in the lower ranked title to which he/ she bumped

Appears in 1 contract

Samples: Collective Bargaining Agreement

Bumping Rights. An employee who is given the initial notice of layoff can either accept the layoff or can use their seniority to exercise bumping rights. A request to bump must be made within five (i5) Where seven (7) working days of receipt of the layoff notice. The bumping right can be exercised to assume the position of the least senior employee who holds a regular employee has received notice that he/she is not to be retained job title in the same rank or the next lower rank in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in questiongroup. The decision regarding an employee's suitability, as above, for transfer shall bumping right can also be made exercised to move into the position of the least senior employee in a position of equal or lower rate of pay previously held by the Employer and whether such determination was made by employee receiving the Employer in a fair and equitable fashion shall be subject to layoff notice within the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within past three (3) working days years, including positions listed in the Specialties grouping, provided that the employee receiving the layoff notice was not removed from the previously held position for poor job performance or for disciplinary reasons. a. If there is no less senior employee in the next lower job title, the employee may bump the least senior employee in the next lower job title in descending order within the classification group. b. An employee who is displaced by being bumped under the preceding paragraph may also use their seniority in the same manner to bump into the next lower job title in the classification group. However, there will be a limit of three (3) bumps as a result of the date elimination of receipt any position, with the final bump resulting in the layoff of such noticethe least senior employee in the classification group. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable c. Employees who are to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did laid off may not bump another employee at that timeemployees with less seniority in higher ranking/higher paid job titles within the classification group, upward bumping shall be permitted the next time a lay-off occurs nor may they bump to that employee and only to a position in their former higher pay gradepositions with more scheduled work hours per week than they had held previously. Regular part-time Less than twelve (12) month per year employees may only not bump other regular parttwelve-time month employees. d. In order to bump, the employee must have the ability, capacity and skill to perform the job and must demonstrate ability to perform all job functions within fifteen (v15) When an working days from the date they assume the job duties. If, after a trial period of fifteen (15) working days, the employee cannot perform the duties of the lower ranked job in a satisfactory manner, the employee will be given ten (10) working days for training and job mastery proficiency or be laid off. If they are laid off, the District will fill the job either by recall of the most senior employee who was laid off from a higher ranked job within the classification group or by recalling the most senior employee who was bumped out of that job title. e. The employee who bumps into a more junior employee in accordance with this Article, he/she lower ranked job title shall be paid according to the salary schedule for that job title and will be placed at the same increment incremental step held in their previous job title. f. Employees terminated from employment due to a layoff will receive pay for all accrued vacation time and compensatory time on the new wage grade as he/she occupied before so bumpingeffective date of termination.

Appears in 1 contract

Samples: Reduction in Workforce and Recall Agreement

Bumping Rights. (i) Where a regular An employee has received notice that he/she who is not identified to be retained in laid off may take the classification and department designated for layoff under Article 10.02, such employee or may exercise his/her a right to bump an the least senior employee of lesser seniority and transfer laterally into another job classification in the same department cost center regardless of shift or classification providing the employee is willing to accept the hours being worked by the employee she/he is bumping or in the event that there are no bumping rights available in the cost center, the cost center is closed or the employee chooses not to exercise her/his bumping rights within the cost center, the employee will be offered the choice of any and at all vacant positions with the same pay grade level, or alternatively into a job classification at a lower pay grade level, in shift and classificationfor which the same departmentemployee is qualified. An employee's right to bump another employee shall not be deemed qualified for the purposes of lesser seniority shall depend on his/her having this Article if the qualifications, experience, skill and ability to perform employee would require more than thirty (30) days of orientation for the work position in question. In the event there is no vacant position available, same shift and classification, the employee may bump the least senior employee in the bargaining unit same shift and classification they are qualified to replace. The decision regarding an employee's suitabilityemployee displaced will be offered the choice of any and all vacant positions available regardless of shift or classification. In the event no vacant positions are available, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, will have the right to bump an the least senior employee in the bargaining unit which the employee is qualified to replace regardless of lesser shift or classification provided they are willing to assume the shift and classification of that employee. Where there are two (2) or more employees equally qualified to fill the vacancy, as determined by the Hospital, the employee with the greatest bargaining unit seniority shall be extended on offered the vacant position. The employee must notify the Hospital of her/his decision to accept or reject the offered vacant position within forty eight (48) hours of the offer being made. If an interdepartmental basisemployee refuses a position, as outlined that is in section (i) above. (iv) Upward bumping is not permitted her/his same classification and shift, she/he forfeits all recall rights under this Article, except where an employee’s position has been re-evaluated . The employee may convert to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall per diem position (without recall rights) or their employment will be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employeesterminated. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Bumping Rights. (i) Where A regular unit member who is laid off and/or reduced in hours from a class and who has previous regular employee has received notice that he/she is not to be retained service in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, equal or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority class shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, have the right to bump an employee a unit member with less seniority in that class. In the event of lesser a tie, the District shall break the tie by lottery. For the purposes of layoff, seniority shall be extended based on an interdepartmental basisthe date of hire within the classification, and shall include time in any higher classifications. 13.3.2.1 Affected employees and the association shall be given written notice of layoff via certified mail or in person not later than March 15 of the ensuing year and informed of their displacement (bumping) rights, if any, and reemployment rights. Upon request, the association may review bumping and reemployment procedures with the District prior to effective date of layoff or reduction in hours. 13.3.2.2 To exercise bumping rights, the unit member must notify the Assistant Superintendent of Personnel in writing on a District provided form no later than five (5) calendar days after receiving notice of layoff/reduction. 13.3.2.3 Any unit member bumped has the same bumping rights as outlined stated in section (i) Section 13.3.1 above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping 13.3.2.4 A unit member's placement shall be permitted determined by bumping: First, The least senior unit member with the same number of hours per day; Then, The least senior unit member with the next time a lay-off occurs to that employee and only to a position in their former higher pay gradeexisting greater number of hours per day; Then, The least senior unit member with the next existing fewer number of hours per day; Then, The least senior unit member with the same number of days per year; Then, The least senior unit member with the next existing greater number of days per year; Then, The least senior unit member with the next existing fewer number of days per year. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she The unit member shall be placed at in the first position for which they qualify in the sequence above. 13.3.2.5 During the bumping process, positions will not be split. Assignments which consist of multiple classifications, containing classifications not affected by the reductions, shall not be split to accommodate bumping. 13.3.2.6 Any unit member who is reduced in hours or reduced in classification pursuant to this rule, shall receive a salary in the same increment step of the salary range in the class to which he was bumped. Any unit member reinstated pursuant to this rule shall receive longevity credit for the new wage grade as he/she occupied before so bumpingsalary placement purposes.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Bumping Rights. ‌ Upon notification of layoff, which shall include a reference to this section, an employee shall have two (i2) Where working days to notify the Employer of his intent to exercise bumping rights as set forth below. A regular full-time or part-time employee who is notified of a regular pending layoff because of budgetary limitations, lack of work, departmental reorganization or abolishment of position, shall have bumping rights as follows which may result in several options: A. An employee has received notice that notified of layoff may bump a person out of a position if he/she is has previously held that position within that department and if he/she has more Borough-wide seniority than the person currently occupying the position. An employee may not to be retained bump into a position from which he/she has had an unsuccessful work improvement plan or disciplinary action for substandard job performance in the classification and department designated for prior two (2) years. B. An employee notified of a layoff under Article 10.02, such employee may exercise bump a person out of another position within his/her right to own department if the employee notified of pending layoff meets the minimum qualifications of the position, and the employee has more Borough- wide seniority than the person currently occupying the position. C. An employee notified of a layoff may bump an employee of lesser seniority and transfer laterally the person last hired with the same position title, even though this would mean going into another job classification department or division if he/she has more Borough-wide seniority. If several people are in the same department position title and at the last one hired does not have the same pay grade levelFTE as the employee bumping, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right then they may choose to bump another employee of lesser seniority shall depend on his/her having in the qualificationssame position title most recently hired with the equivalent FTE, experience, skill and ability to perform provided that the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedurebumping employee has more Borough-wide seniority. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her D. Employees designated as Terms are not eligible for bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such noticerights. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Bumping Rights. An employee who is given the initial notice of layoff can either accept the layoff or can use his or her seniority to exercise bumping rights. A request to bump must be made within five (i5) Where days of receipt of the layoff notice. The bumping right can be exercised to assume the position of the least senior employee who holds a regular employee has received notice that he/she is not to be retained job title in the same rank or the next lower rank in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in questiongroup. The decision regarding an employee's suitability, as above, for transfer shall bumping right can also be made exercised to move into the position of the least senior employee in a position of equal or lower rate of pay previously held by the Employer and whether such determination was made by employee receiving the Employer in a fair and equitable fashion shall be subject to layoff notice within the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within past three (3) working days years, including positions listed in the Specialties grouping, provided that the employee receiving the layoff notice was not removed from the previously held position for poor job performance or for disciplinary reasons. a. If there is no less senior employee in next lower job title, then the employee may bump the least senior employee in the next lower job title in descending order within the classification group. b. An employee who is displaced by being bumped under the preceding paragraph may also use his or her seniority in the same manner to bump into the next lower job title in the classification group. However, there will be a limit of three bumps as a result of the date elimination of receipt any position, with the final bump resulting in the layoff of such noticethe least senior employee in the classification group. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable c. Employees who are to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did laid off may not bump another employee at that timeemployees with less seniority in higher ranking/higher paid job titles within the classification group, upward bumping shall be permitted the next time a lay-off occurs nor may they bump to that employee and only to a position in their former higher pay gradepositions with more scheduled work hours per week than they had held previously. Regular part-time Less than twelve (12) month per year employees may only not bump other regular part-time twelve month employees. d. In order to bump, the employee must have the ability, capacity and skill to perform the job and must demonstrate ability to perform all job functions within fifteen (v15) When an employee bumps working days from the date he or she assumes the job duties. If, after a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.trial period of fifteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

Bumping Rights. (ia) Where Option for employees with four or more years of seniority. An employee with more than four years seniority whose position is being eliminated may exercise their seniority provided that they are qualified, by choosing to bump the most junior employee in any office with less than four years seniority who occupies a regular employee has received notice that he/she is not to be retained position in the same or lesser classification and department designated of the employee's position class series. (b) Option for layoff under Article 10.02, such employees with less than four years but greater than two years seniority. An employee with less than four years but greater than two years seniority whose position is either eliminated or the employee is bumped pursuant to Section 17.05 (a) may exercise his/her right their seniority provided that they are qualified, by choosing to bump the most junior employee occupying a position in the same or lesser classification of the employee's position class series in the following sequence: Firstly - within the employee's geographic area pursuant to Section 17.02 (a), or if not possible, NOTE: An employee between two and four years seniority being bumped as a result of 17.05 (b) may bump only the most junior employee in the same or lesser classification of their position class series on a province wide basis. Secondly - on a province wide basis. (c) An employee who has less than two years seniority has no bumping rights. (d) For purposes of administering the bumping process only, when more than one employee subject to layoff elects to bump into the same job, the employees involved shall bump in order of seniority until the bumping process is completed. (e) An employee cannot bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade leveloccupying a position with a higher classification, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedurei.e. no bumping up. (iif) Where a regular An employee has received notice of layoff will be placed in the new classification and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days new salary range of the date position of receipt of such notice. (iii) Where a regular the incumbent the employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basisbumps, as outlined in section (i) above.follows: (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade1. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior an employee in accordance the same classification with this Article, he/she shall the same salary range the employee will be placed at the same increment incremental salary step that they currently hold. 2. When an employee occupies a position within the working level class series: (a) Appraiser II or lesser for appraisal the employee shall retain their current salary rate when bumping within the working level class series. 3. When an employee bumps an employee in a lesser classification with a lesser salary range the employee will be placed at the nearest incremental salary step on the lower salary range which approximates the employee's current salary rate provided that under no circumstances will an employee receive higher remuneration or benefits. 4. Pursuant to the foregoing, under no circumstances will an employee's salary rate exceed the salary maximum of the salary range of the new wage grade as he/she occupied before so bumpingclass. (g) Provided an employee has exhausted their bumping rights pursuant to the above, and subject to Section (c), the employee may exercise their seniority to choose to bump the most junior employee with less than four years seniority on a province wide basis who occupies a position that the employee has previously permanently held within the Authority.

Appears in 1 contract

Samples: Collective Agreement

Bumping Rights. An employee who is given the initial notice of layoff can either accept the layoff or can use their seniority to exercise bumping rights. A request to bump must be made within five (i5) Where seven (7) working days of receipt of the layoff notice. The bumping right can be exercised to assume the position of the least senior employee who holds a regular employee has received notice that he/she is not to be retained job title in the same rank or the next lower rank in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in questiongroup. The decision regarding an employee's suitability, as above, for transfer shall bumping right can also be made exercised to move into the position of the least senior employee in a position of equal or lower rate of pay previously held by the Employer and whether such determination was made by employee receiving the Employer in a fair and equitable fashion shall be subject to layoff notice within the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within past three (3) working days years, including positions listed in the Specialties grouping, provided that the employee receiving the layoff notice was not removed from the previously held position for poor job performance or for disciplinary reasons. a. If there is no less senior employee in the next lower job title, the employee may bump the least senior employee in the next lower job title in descending order within the classification group. b. An employee who is displaced by being bumped under the preceding paragraph may also use their seniority in the same manner to bump into the next lower job title in the classification group. However, there will be a limit of three (3) bumps as a result of the date elimination of receipt any position, with the final bump resulting in the layoff of such noticethe least senior employee in the classification group. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable c. Employees who are to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did laid off may not bump another employee at that timeemployees with less seniority in higher ranking/higher paid job titles within the classification group, upward bumping shall be permitted the next time a lay-off occurs nor may they bump to that employee and only to a position in their former higher pay gradepositions with more scheduled work hours per week than they had held previously. Regular part-time Less than twelve (12) month per year employees may only not bump other regular parttwelve-time month employees. d. In order to bump, the employee must have the ability, capacity and skill to perform the job and must demonstrate ability to perform all job functions within fifteen (v15) When an working days from the date they assume the job duties. If, after a trial period of fifteen (15) working days, the employee cannot perform the duties of the lower ranked job in a satisfactory manner, the employee will be given ten (10) working days for training and job mastery or be laid off. If they are laid off, the District will fill the job either by recall of the most senior employee who was laid off from a higher ranked job within the classification group or by recalling the most senior employee who was bumped out of that job title. e. The employee who bumps into a more junior employee in accordance with this Article, he/she lower ranked job title shall be paid according to the salary schedule for that job title and will be placed at the same increment incremental step held in their previous job title. f. Employees terminated from employment due to a layoff will receive pay for all accrued vacation time and compensatory time on the new wage grade as he/she occupied before so bumpingeffective date of termination.

Appears in 1 contract

Samples: Reduction in Workforce and Recall Agreement

Bumping Rights. (a) Subject to the limitations specified, any regular employee who is subject to layoff under the terms of this Agreement may bump the least senior employee from an equivalent or lower level job on the following basis; i) Where a regular the least senior employee has received notice that he/she is not to be retained in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at job classification (i.e. job title); or ii) the same pay grade level, or alternatively into least senior employee in a job classification at a lower pay grade level, in the same department. An employee's right to bump another redundant employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of previously permanently held since the date of receipt the last hire with the Company; provided the employee has the prerequisite education and experience, or equivalent, and can perform the job within a reasonable period of such noticeorientation. Such period of orientation will not exceed thirty (30) working days. (iiib) Where a Any regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, with less than five (5) years’ seniority may exercise their bumping rights in accordance with 8.03 (a) in the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (following order: i) abovein the headquarter where the employee is employed. (ivii) Upward bumping is not permitted under this Article, except in any headquarter where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another was previously employed. If the employee at that time, upward has bumping shall be permitted the next time a lay-off occurs to that employee and only rights to a position in the same job title in several previous headquarters they must bump into their former higher pay gradeprevious headquarter that has the least senior incumbent. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee Employees electing to exercise their bumping rights in accordance with this Article, he/she shall item (ii) above will not be placed at eligible for moving expenses as defined in Article 19.08 of the Agreement. c) Any regular employee with more than five (5) years’ seniority may exercise their bumping rights in accordance with 8.03 (a) in the following order; i) in the headquarter where the employee is employed; ii) in any headquarter within the Company. If the employee has bumping rights to a position in the same increment step job title in several headquarters they must bump into the headquarter that has the least senior incumbent. d) For all full time regular employees, if: i) no bumping alternative(s) are available as per 8.03 (a); or ii) the bumping alternative(s) under 8.03 (a) would result in the employee assuming a lower level position than they would otherwise be qualified for within their current department; iii) the bumping alternative(s) under 8.03 (a) would involve relocation that would normally carry moving expenses under Article 19.08; the employee may bump the least senior employee from an equivalent or lower level job within their current department provided the employee has the prerequisite education and experience, or equivalent, and can perform the job within a reasonable period of orientation. Such period of orientation will not exceed thirty (30) working days. Department is defined as the organizational unit reporting to the first level of management. e) Should an employee with more than five (5) years’ seniority not have any bumping options as set out above, the Company will endeavor to create a vacancy for the new wage grade as he/she occupied before so bumping.employee’s’ placement through the layoff of a junior employee – with less than two

Appears in 1 contract

Samples: Collective Agreement

Bumping Rights. An employee who is given the initial notice of layoff can either accept the layoff or can use their seniority to exercise bumping rights. A request to bump must be made within seven (i7) Where ten (10) working days of receipt of the layoff notice. The bumping right can be exercised to assume the position of the least senior employee who holds a regular employee has received notice that he/she is not to be retained job title in the same rank or the next lower rank in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in questiongroup. The decision regarding an employee's suitability, as above, for transfer shall bumping right can also be made exercised to move into the position of the least senior employee in a position of equal or lower rate of pay previously held by the Employer and whether such determination was made by employee receiving the Employer in a fair and equitable fashion shall be subject to layoff notice within the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within past three (3) working days years, including positions listed in the Specialties grouping, provided that the employee receiving the layoff notice was not removed from the previously held position for poor job performance or for disciplinary reasons. a. If there is no less senior employee in the next lower job title, the employee may bump the least senior employee in the next lower job title in descending order within the classification group. b. An employee who is displaced by being bumped under the preceding paragraph may also use their seniority in the same manner to bump into the next lower job title in the classification group. However, there will be a limit of three (3) five (5) bumps because of the date elimination of receipt any position, with the final bump resulting in the layoff of such noticethe least senior employee in the classification group. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable c. Employees who are to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did laid off may not bump another employee at that timeemployees with less seniority in higher ranking/higher paid job titles within the classification group, upward bumping shall be permitted the next time a lay-off occurs nor may they bump to that employee and only to a position in their former higher pay gradepositions with more scheduled work hours per week than they had held previously. Regular part-time Less than twelve (12) month per year employees may only not bump other regular part-time twelve (12) month employees. d. To bump, the employee must have the ability, capacity, and skill to perform the job and must demonstrate ability to perform all job functions within fifteen (v15) When an working days from the date they assume the job duties. If, after a trial period of fifteen (15) working days, the employee cannot perform the duties of the lower ranked job in a satisfactory manner, the employee will be given ten (10) working days for training and job proficiency or be laid off. If they are laid off, the District will fill the job either by recalling the most senior employee who was laid off from a higher ranked job within the classification group or by recalling the most senior employee who was bumped out of that job title. e. The employee who bumps into a more junior employee in accordance with this Article, he/she lower ranked job title shall be paid according to the salary schedule for that job title and will be placed at the same increment incremental step held in their previous job title. f. Employees terminated from employment due to a layoff will receive pay for all accrued vacation time and compensatory time on the new wage grade as he/she occupied before so bumpingeffective date of termination.

Appears in 1 contract

Samples: Reduction in Workforce and Recall Agreement

Bumping Rights. (ia) Where a regular If an employee has received notice that he/she is not to be retained in the classification and department designated for layoff under Article 10.02displaced from his/her position or his/her hours are to be permanently reduced, such employee s/he may exercise his/her right Company Seniority to bump an any employee of lesser seniority and transfer laterally into another job classification in within the same department classification and at department. (b) If the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right employee facing layoff is unable to bump another employee of lesser seniority shall depend on exercise his/her having Company Seniority to bump someone in his/her own classification and department, s/he may exercise his/her Company Seniority to bump the qualificationsleast senior employee in any equally or lesser paid classification within his/her department. In order to do this, experience, the employee facing layoff must have the necessary skill and ability to perform the work in questionjob. The decision regarding an employee's suitabilityThere will be a trial period of up to three (3) months. At any time during this trial period, as above, for transfer shall the employee may elect to be made by laid off and the Employer and whether such determination was made by may elect to lay off the Employer in a fair and equitable fashion shall be subject to employee if s/he proves incapable of successfully performing the grievance procedurenew duties. (iic) Where a regular If the employee has received notice of facing layoff and such employee chooses is unable to exercise his/her bumping rights under section (i)Company Seniority to bump someone in his/her own department, such election shall be made within three (3) working days s/he may bump the least senior employee in any previously held classification in any department provided s/he has the immediate ability to produce a normal quantity and quality of work in the date of receipt of such noticejob into which s/he is bumping. (iiid) Where If the employee facing layoff is unable to exercise his/her Company Seniority to bump into a regular previously held classification in any department, s/he may exercise his/her Company Seniority to bump the least senior employee in any department within which the employee has received notice previously worked provided s/he has the immediate ability to produce a normal quantity and quality of work in the job into which s/he is bumping. (e) An employee unable or unwilling to exercise any of the foregoing options will be laid off. (f) An employee designated for layoff and where such employee occupies a job classification which is comparable to other departments, the right to may only bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been rethe same or lesser-evaluated to paid classification and a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees employee may only bump other regular another part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at who regularly works the same increment step for the new wage grade as he/she occupied before so bumpingor fewer hours per week.

Appears in 1 contract

Samples: Collective Agreement

Bumping Rights. (i) Where a regular employee has received notice that he/she is not no vacancy in their section exists, employees who are to be retained in the classification and department designated for layoff under Article 10.02, such employee laid off may exercise his/her right elect to bump an the least senior employee of lesser with less Employer seniority and transfer laterally into another in a lower paying job classification in the same department section provided they notify the Employer of their election to do so within seventy-two (72) hours of being notified of their lay-off and at provided they are qualified and able to do the same pay grade level, or alternatively into a work of the job classification at a lower pay grade levelheld by the employee being bumped without further training. The employees' wage rate shall be the rate for that job classification effective with the date their bumping is effective. Employees who require familiarization but who are otherwise qualified will be deemed to be qualified. An employee displaced by bumping shall, in turn, have the same department. An employee's right to bump another a junior employee, subject to the provisions of above. Employees who decline a vacancy in their section or who do not elect or who are unable to bump and are laid shall be eligible by their choice for either severance pay in accordance with the schedule in below or recall seniority. An employee who has chosen to bump into a lower paying classification shall retain their position on the recall list for recall to the classification from which they were laid off. Employees choosing severance pay shall be paid wages at their straight-time hourly rate prevailing on the date of lesser lay-off in accordance with the following schedule and shall not be eligible for recall seniority. years or over hours hours hours hours hours hours hours Employees choosing to be placed on the recall list shall have recall seniority for a period of twenty-four (24) months and shall depend on his/her having be recalled in order of their seniority to any vacant job classification in the qualifications, experience, skill section from which they were laid off provided they are qualified and ability able to perform the work in questionof that job classification without further training. Employees who do not accept a recall to the job classification from which they were laid off shall have their name removed from the recall list. Employees who require familiarization but who are otherwise qualified, will be deemed to be qualified. Notice of recall shall be given to an employee by registered mail to the last recorded address provided by the employee. The decision regarding an employee's suitabilityletter of recall shall provide five (5) days notice, plus the number of days required for normal mail delivery, as above, to the date the employee is required to be at work. Any employee who fails to report as directed in the Notice of Recall and fails to notify the Employer with an acceptable reason for transfer such failure to report shall be made deemed to have not accepted recall and shall be removed from the Recall List. An employee choosing severance pay shall cease to be covered by the Employer and whether such determination was made benefit plans provided in this Agreement at the end of the month following the effective date of the lay-off. Employees choosing to be placed on the recall list shall be covered by the Employer benefit plans provided in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within this Agreement for three (3) working days calendar months following the effective date of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs provided they prepay on a monthly basis the employee portion of the premiums. Employees returning to that employee and only to a position in their former higher pay grade. Regular partwork shall not have time on lay-off considered as time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment step worked for the new wage grade as he/she occupied before so bumpingpurpose of vacation pay or statutory holiday pay.

Appears in 1 contract

Samples: Wages and Working Conditions Agreement

Bumping Rights. (i) Where a regular employee has received notice that he/she he is not to be retained in the classification and department designated for layoff under Article 10.0211.02, such employee may exercise his/her his right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her his having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her his bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she he shall be placed at the same increment step for the new wage grade as he/she he occupied before so bumping.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Bumping Rights. (iA) Where a regular Option for employees with four or more years of seniority. An employee has received notice with more than four years seniority whose position is being eliminated may exercise his or her seniority provided that he/he or she is not qualified, by choosing to be retained bump the most junior employee in any office with less than four years seniority who occupies a position in the same or lesser classification and department designated of the employee's position class series. (B) Option for layoff under Article 10.02, such employees with less than four years but greater than two years seniority. An employee with less than four years but greater than two years seniority whose position is either eliminated or the employee is bumped pursuant to Section 17.05(A) may exercise his/her right or his seniority provided that she or he is qualified, by choosing to bump the most junior employee occupying a position in the same or lesser classification of the employee's position class series in the following sequence: Firstly - within the employee's geographic area pursuant to Section 17.02(a), or if not possible, NOTE: An employee between two and four years seniority being bumped as a result of 17.05(B) may bump only the most junior employee in the same or lesser classification of his or her position class series on a province wide basis. Secondly - on a province wide basis. (C) An employee who has less than two years seniority has no bumping rights. (D) For purposes of administering the bumping process only, when more than one employee subject to layoff elects to bump into the same job, the employees involved shall bump in order of seniority until the bumping process is completed. (E) An employee cannot bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade leveloccupying a position with a higher classification, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedurei.e. no bumping up. (iiF) Where a regular An employee has received notice of layoff will be placed in the new classification and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days new salary range of the date position of receipt of such notice. (iii) Where a regular the incumbent the employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basisbumps, as outlined in section (i) above.follows: (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade1. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior an employee in accordance the same classification with this Article, he/she shall the same salary range the employee will be placed at the same increment incremental salary step that she or he currently holds. 2. When an employee occupies a position within the working level class series: (a) Appraiser II or lesser for appraisal (b) Appraisal Assistant II or lesser for Appraisal Assistants the employee shall retain his or her current salary rate when bumping within the working level class series. 3. When an employee bumps an employee in a lesser classification with a lesser salary range the employee will be placed at the nearest incremental salary step on the lower salary range which approximates the employee's current salary rate provided that under no circumstances will an employee receive higher remuneration or benefits. 4. Pursuant to the foregoing, under no circumstances will an employee's salary rate exceed the salary maximum of the salary range of the new wage grade as he/she occupied before so bumpingclass. (G) Provided an employee has exhausted his or her bumping rights pursuant to the above, and subject to Section (C), the employee may exercise his or her seniority to choose to bump the most junior employee with less than four years seniority on a province wide basis who occupies a position that the employee has previously permanently held within the Authority.

Appears in 1 contract

Samples: Collective Agreement

Bumping Rights. Employees identified for layoff who have seniority (ibumping) Where rights to their current or previously held classification within the representation unit must declare their intention to exercise these rights within seven (7) regularly scheduled working days after written notification of layoff, otherwise bumping rights will automatically terminate. Bumping may occur within the representation unit, only to the least senior incumbent of the current or a regular previously held classification. To successfully bump, the employee has received notice that he/she is not to must be retained qualified, and capable of CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT July 1, 2023-June 30, 2025 performing all work in the classification position bumped. An employee who declares bumping rights may not also claim priority re-employment rights. For purposes of this section of the Agreement, the term "working days" shall mean Mondays through Fridays, exclusive of holidays. When employees declare their intention to exercise their seniority (bumping) rights, the City will provide the Union with a current list of the least senior incumbents to their current or previously held classification, within five (5) working days from the date employees exercise their seniority (bumping) rights, with the mutual goal to offset a potential lay-off of the impacted employee(s). Employees who are in jeopardy of being laid off and department designated for layoff under Article 10.02, such employee may exercise his/her have waived their right to bump an employee of lesser seniority and transfer laterally into another job or when there are no positions that exist within the current or previously held classification in for the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's employees to exercise their right to bump another bump, employees will have priority hiring rights for any vacant budgeted positions within the City. For the purposes of this section, priority hiring is defined as sole consideration by the hiring manager for any position where the employee meets the minimum qualification or through a combination of lesser seniority shall depend on his/her having knowledge and experience can be reasonably assumed to meet the minimum qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall No other internal or external candidates will be considered until a final determination has been made by the Employer and whether such determination was made by the Employer hiring manager in a fair and equitable fashion shall be subject regard to the grievance procedure. priority hire. If more than one (ii1) Where employee in jeopardy of being laid off exercises their priority hiring status, then all employees with priority hiring status will be considered simultaneously. This section shall not constitute any guarantees to appointment of positions or expansion of bumping rights. When employees exercise their priority hiring status rights, the City will provide the Union with a regular employee has received notice current list of layoff and such employee chooses to exercise his/her bumping rights under section all vacant budgeted positions at the City within five (i), such election shall be made within three (35) working days of from the date of receipt of such notice. (iii) Where the employees exercise their priority hire status, with the mutual goal to offset a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a potential lay-off occurs to that employee and only to a position in their former higher pay gradeof the impacted employee(s). Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps secures a more junior employee in accordance position with this Articlethe City through the priority hire process, he/she shall all reasonable measures will be placed at the same increment step for the taken to ensure and support a successful transition into their new wage grade as he/she occupied before so bumpingposition.

Appears in 1 contract

Samples: Memorandum of Agreement

Bumping Rights. 1. Once the RIF lists are prepared, the unit members whose contracts will not be suspended, but whose current assignment has been eliminated, will be identified in order of seniority. Unit members to be reassigned are those with the least seniority in the grade level affected in grades K or the department affected at the secondary level. Reassignment shall be into areas that the individual is certified for. Unit members may not, however, bump into certificated areas that they have not taught in during the preceding five (i5) Where years. They may do so, however, if they have taken a regular employee has received notice course in that certificated area within the last five (5) years or agree to take a course within that area prior to the next school year. The Board will reimburse the unit member for that course. 2. Of this group of unit members to be reassigned, the most senior unit member will: (1) consider available vacant positions for which he/she is not to be retained certified, (2) bump the unit member with the least seniority throughout the district at that grade level or in that department, (3) bump the classification and department designated for layoff under Article 10.02, such employee may exercise unit member with the least seniority throughout the district within his/her right to bump an employee area of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same departmentcertification. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer Vacancies shall be made interpreted to include those positions that are currently held by unit members whose contracts will be suspended, but the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedureposition itself is not being eliminated. 3. Once the most senior unit member has exercised one (ii1) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days options described in Item 2, then the next senior unit member will consider the same three (3) options. 4. Since a goal of the date school district is to place unit members into positions they desire to the extent practicable, a unit member may decline all three of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, options described above if he/she shall does not believe an appropriate position is available. Upon written request to the Superintendent, the unit member may choose to have his/her contract suspended and be placed at on the same increment step recall list in order of seniority. The unit member will then be eligible for recall pursuant to Section 4 of these procedures. This option is available only to those unit members who must be reassigned because of a Reduction in Force (RIF). 5. This procedure will continue until all remaining vacancies are filled and all unit members who are not affected by the new wage grade as heRIF either have assignments or have declined assignments and elected to have his/she occupied before so bumpingher contract suspended. 6. A unit member will have five (5) calendar days to exercise one of the options. If a unit member does not exercise one of the options within the five (5) calendar days, the unit member will be assigned a teaching position.

Appears in 1 contract

Samples: Master Agreement

Bumping Rights. (i) Where a regular employee has received notice that he/she is they are not to be retained in the classification and department designated for layoff under Article 10.0211.02, such employee may exercise his/her their right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her their having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her their bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she they shall be placed at the same increment step for the new wage grade as he/she they occupied before so bumping.

Appears in 1 contract

Samples: Collective Agreement

Bumping Rights. (i) Where a regular a. First, an employee has received notice that he/she is not to be retained in the classification and department designated identified for layoff under Article 10.02, such employee may exercise will be offered the opportunity to fill a vacancy in his/her right current title within the operating unit and campus. If the employee chooses not to bump an accept the vacancy offered, the employee of lesser seniority and transfer laterally into another job classification may opt to be placed on the recall list. b. Second, if a vacancy pursuant to "a'' above is not available, the employee will be offered a vacancy in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having current title on the qualificationscampus. If the employee chooses not to accept the vacancy offered, experiencethe employee may opt to be placed on the recall list. c. Third, skill and ability if a vacancy pursuant to perform "a" or "b" above is not available, the work employee will be offered the opportunity to fill a vacancy in question. The decision regarding an the employee's suitabilitycurrent or immediate prior title University-wide. If the employee opts not to fill a vacancy offered under this section, as the employee may opt to be placed on the recall list. d. Fomih, if the employee is not placed in a vacancy pursuant to "a", "b" or "c" above, for transfer shall be made by the Employer employee may bump the least senior employee in his/her current title within the operating unit and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. (ii) Where a regular campus. If an employee has received notice of layoff and such employee chooses opts not to exercise his/her bumping rights under section (i)this section, such election the employee may opt to be placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under "e" below. e. Fifth, if the opportunity to bump is not available pursuant to "d" above, the employee may bump the least senior employee in his/her current title campus-wide. If an employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the recall list. If the employee is unable to bump under this section, the employee may exercise rights under "f' below. f. Sixth, if the employee is not offered the opportunity to bump pmsuant to "e" above, the employee may bump the least senior employee in his/her immediate prior title campus-wide, provided the employee's prior held title is in a CWA bargaining unit. If the employee opts not to exercise his/her bumping rights under this section, the employee may opt to be placed on the recall list. g. Seventh, if the employee is not offered the opportunity to bump pursuant to "f' above, the employee shall be made within three (3) working days offered the opportunity to fill a vacant position University-wide, other than in the employee's cmTent or immediate prior title, for which the employee is qualified. If the employee opts not to exercise his/her rights under this section, the employee may opt to be placed on the recall list. h. Employees who exercise rights under provisions "a" through "e" above will not be required to serve a probationary period. 1. A staff member who chooses to fill a vacancy or to bump another staff member, and is subsequently infonned by the campus Human Resources department that the salary of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which vacant or bump position is comparable to other departmentsmore than 10% below his or her current salary, the right to bump an employee of lesser seniority shall be extended allowed to reconsider their decision and to go on an interdepartmental basis, to the recall list. (See Appendix A for a listing of University Operating Units as outlined in section (i) abovethey apply to Layoffs and Bumping. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, he/she shall be placed at the same increment step for the new wage grade as he/she occupied before so bumping.)

Appears in 1 contract

Samples: Collective Bargaining Agreement

Bumping Rights. 2.1 Any regular full-time employee, having more than twelve (i12) Where a regular employee months seniority, who has received notice that he/she is not to be retained in been laid off shall have the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser with less seniority and transfer laterally into another job classification in within the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade levelwage progression schedule, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedurefollowing limitations: 2.1.1 Employees having five (5) years’ seniority or less, may exercise their option within the same Area where the force adjustment is made. 2.1.2 Employees with more than five (ii5) Where a regular years’ seniority may exercise their option throughout the Company. 2.2 An employee has received notice of layoff and such employee chooses who does not desire to exercise his/her bumping rights under section (i)does not prejudice his/her right to recall; however, such election shall be made within three (3) working days if the employee fails to exercise his/her bumping rights on the effective date of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Articlelayoff, he/she shall be placed may not exercise these rights at a later date. SECTION 2. Bumping Rights (Continued) 2.3 An employee must have the same increment step for the new wage grade as ability to perform any job which he/she occupied before so seeks to obtain through bumping. If it is a job which the employee has previously held, the employee will be allowed a reasonable period of time for re-familiarization and, if the job is one which he/she has not previously held, the employee must be able to perform the job with minimum additional training. 2.4 Costs of moving to any new location will be assumed by the employee. 2.5 When an employee is downgraded or if the employee bumps into a lower classification and his/her earnings prior to the adjustment are in excess of the maximum rate of the job, the employee will be adjusted to the maximum rate of the new job. When the employee's rate of pay at the time of the force adjustment is equal to or less than the rate of the new job, the employee shall be paid at his/her then existing rate. 2.6 Recall after layoff of regular full-time employees shall be in the reverse order of layoffs by job title classification(s) in the Department within the force adjustment area affected by the layoffs, provided the employee is available, has kept the Company informed of any change in address, the employee's physical condition is such that he/she is able to perform the job in the same manner he/she last held at the time of recall, and the period of layoff for such former employee has not exceeded twelve (12) months. Seniority and net accredited service accumulated prior to date of layoff will be protected. The Company shall use its best efforts to place such laid-off employees who are qualified to do other work in other phases of the operations of the Company. 2.6.1 When additions to the work force are required subsequent to a force adjustment, prior to the Company hiring into the former job title classification or recalling a less senior laid-off employee in the Department within the force adjustment area, an employee who has exercised his or her bumping rights shall be given an option to be restored to his or her former job title classification in the Department within the force adjustment area.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Bumping Rights. An employee who is given the initial notice of layoff can either accept the layoff or can use their seniority to exercise bumping rights. A request to bump must be made within five (i5) Where ten (10) working days of receipt of the layoff notice. The bumping right can be exercised to assume the position of the least senior employee who holds a regular employee has received notice that he/she is not to be retained job title in the same rank or the next lower rank in the classification and department designated for layoff under Article 10.02, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in questiongroup. The decision regarding an employee's suitability, as above, for transfer shall bumping right can also be made exercised to move into the position of the least senior employee in a position of equal or lower rate of pay previously held by the Employer and whether such determination was made by employee receiving the Employer in a fair and equitable fashion shall be subject to layoff notice within the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within past three (3) working days years, including positions listed in the Specialties grouping, provided that the employee receiving the layoff notice was not removed from the previously held position for poor job performance or for disciplinary reasons. a. If there is no less senior employee in the next lower job title, the employee may bump the least senior employee in the next lower job title in descending order within the classification group. b. An employee who is displaced by being bumped under the preceding paragraph may also use their seniority in the same manner to bump into the next lower job title in the classification group. However, there will be a limit of three (3) bumps as a result of the date elimination of receipt any position, with the final bump resulting in the layoff of such noticethe least senior employee in the classification group. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable c. Employees who are to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did laid off may not bump another employee at that timeemployees with less seniority in higher ranking/higher paid job titles within the classification group, upward bumping shall be permitted the next time a lay-off occurs nor may they bump to that employee and only to a position in their former higher pay gradepositions with more scheduled work hours per week than they had held previously. Regular part-time Less than twelve (12) month per year employees may only not bump other regular parttwelve-time month employees. d. In order to bump, the employee must have the ability, capacity and skill to perform the job and must demonstrate ability to perform all job functions within fifteen (v15) When an working days from the date they assume the job duties. If, after a trial period of fifteen (15) working days, the employee cannot perform the duties of the lower ranked job in a satisfactory manner, the employee will be given ten (10) working days for training and job mastery proficiency or be laid off. If they are laid off, the District will fill the job either by recall of the most senior employee who was laid off from a higher ranked job within the classification group or by recalling the most senior employee who was bumped out of that job title. e. The employee who bumps into a more junior employee in accordance with this Article, he/she lower ranked job title shall be paid according to the salary schedule for that job title and will be placed at the same increment incremental step held in their previous job title. f. Employees terminated from employment due to a layoff will receive pay for all accrued vacation time and compensatory time on the new wage grade as he/she occupied before so bumpingeffective date of termination.

Appears in 1 contract

Samples: Reduction in Workforce and Recall Agreement

Bumping Rights. (i) Where a. Members affected by a regular employee has received notice that he/she is not reduction in force have rights to bump into another bargaining unit position. Members may be retained placed in a vacant position or replace a current bargaining unit member according to their seniority, and if they meet the minimum qualifications of the position as outlined on the job description as outlined in the classification following steps: 1. Reduced members will first be placed in an available vacant position within their current category. 2. If there are no vacant positions within their category, then they would be placed in a vacant position outside of their category that is lower than their current salary level. 3. If there are no vacant positions outside of their category, they then may bump a least senior member within their category starting with the least senior member if they are qualified to do the position as outlined on the job description. 4. If they are unable to secure a position as outlined in steps 1 through 3 they would be laid off and department designated for placed on recall. 5. A member may accept a layoff under Article 10.02, such employee may exercise his/her right to bump an employee instead of lesser seniority and transfer laterally bumping into another job classification in the same department and at the same pay grade level, or alternatively position. b. Any member who is placed into a job classification at position due to a lower pay grade levelRIF, in the same department. An employee's right to bump another employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall will be subject to the grievance procedure. (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (3) working days of the date of receipt of such notice. (iii) Where a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departments, the right to bump an employee of lesser seniority shall be extended on an interdepartmental basis, as outlined in section (i) above. (iv) Upward bumping is not permitted under this Article, except where an employee’s position has been re-evaluated to a lower pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee probationary period in accordance with this ArticleArticle 18, he/she shall Section 1. c. Placement on the salary schedule will be placed at on the same increment employee’s current step in the salary level for the new wage grade position they are bumping into. d. If as he/she occupied before so bumpingresult of reduction in force a position becomes vacant and is unable to be filled by an employee who is being reduced, the position will be posted internally for five days to allow the opportunity for current members to apply and be considered for the position. The position will be filled by a current DESPA member unless there are no members who meet the minimum qualifications for the position and apply or no members apply for the position. In this case the position may be filled by an outside candidate.

Appears in 1 contract

Samples: Negotiated Agreement

Bumping Rights. An employee who is given the initial notice of layoff under paragraph B of this article can either accept the layoff or can use his or her seniority to exercise bumping rights. A request to bump must be made within five (i5) Where days of receipt of the layoff notice. The bumping right can be exercised to assume the position of the least senior employee who holds a regular job title in the next lower rank in the classification group, as long as the bumping employee has received greater seniority than that other employee. An employee who is displaced by being bumped under the preceding paragraph may also use his or her seniority in the same manner to bump into the next lower job title in the classification group. If there is no less senior employee in the next job title, then he/she may bump to the least senior employee in the next lower job title in descending order within the classification group. If an employee who is given the initial notice of layoff under paragraph B of this article is unable to bump into a job title within his/her current classification group, and that employee has been employed by the District in a classification group different than his/her current classification group, the employee shall have the right to be moved back to his/her previous classification group, assuming the layoff occurs within four (4) years of the employee changing classification groups. He/she may only be moved back into the same or lower paying job title within the classification group that he/she is not previously held, as long as the bumping employee has greater seniority than the least senior employee in the former classification group. The employee must still be qualified to perform the duties of the job, as contained in this article. Employees who are to be retained laid off may not bump employees with less seniority in higher ranking job titles within the classification group. In order to bump, the employee must have the ability, capacity and department designated for layoff under Article 10.02skill to perform the job, such employee may exercise his/her right to bump an employee of lesser seniority and transfer laterally into another job classification in the same department and at the same pay grade level, or alternatively into a job classification at a lower pay grade level, in the same departmenttime of bumping. An employee's right to bump another The employee of lesser seniority shall depend on his/her having the qualifications, experience, skill and must then demonstrate ability to perform the work in question. The decision regarding an employee's suitability, as above, for transfer shall be made by the Employer and whether such determination was made by the Employer in a fair and equitable fashion shall be subject to the grievance procedure. all job functions within ten (ii) Where a regular employee has received notice of layoff and such employee chooses to exercise his/her bumping rights under section (i), such election shall be made within three (310) working days from the date he or she assumes the job duties. If, after a trial period of ten (10) working days, the employee cannot perform the duties of the date of receipt of such notice. (iii) Where lower ranked job in a regular employee has received notice of layoff and where such employee occupies a job classification which is comparable to other departmentssatisfactory manner, the right to bump employee may, at the discretion of the District, either be given additional time for training and job mastery or be laid off. If he or she is laid off, the District will fill the job either by recall of an employee who was laid off from a higher ranked job within the classification group or by recalling the employee who was bumped out of lesser seniority that job. The employee who bumps into a lower ranked job title shall be extended placed on an interdepartmental basisthe experience step of the salary range for that job equivalent to whichever is higher in 1 or 2 below, as outlined in section (i) above. (iv) Upward bumping is provided the rate paid does not permitted under this Article, except where an employee’s position has been re-evaluated to a exceed the top of the salary range for the lower ranked job or the rate of pay grade and the employee did not bump another employee at that time, upward bumping shall be permitted received on the next time a lay-off occurs to that employee and only to a position in their former higher pay grade. Regular part-time employees may only bump other regular part-time employees. (v) When an employee bumps a more junior employee in accordance with this Article, job from which he/she shall be placed at bumped. 1. the same increment step for years of service the new wage grade as employee has completed in the job title from which he/she occupied before so bumping.bumped, or 2. the years of service the employee has actually completed in the lower ranked title to which he/she bumped

Appears in 1 contract

Samples: Collective Bargaining Agreement

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