Certification and Recall. 1. A laid-off employee shall be placed on the layoff list. When a vacancy occurs, the appointing authority may only appoint the one (1) employee highest on the layoff list for that organizational unit in that job class.
2. If no organizational unit layoff list exists or if such eligible employees decline appointment or are not available and the reason for filling a position is not a reclassification of a filled position pursuant to Section 12.01.D above, the appointing authority may only appoint the one (1) employee highest on the layoff list for that department in that job class.
3. If no departmental layoff list exists or if such eligible employees decline appointment or are not available, the appointing authority may only appoint the one (1) employee highest on the layoff list of other agencies for the same job class.
4. The order for return from layoff shall be the inverse of the order of layoff seniority. If two (2) or more laid-off employees in the same job class have identical layoff seniority, the job will be offered first:
a. to the employee who has been on layoff the longest; then
b. to the employee who meets the legal definition of veteran for purposes of veterans' preference.
c. In any case which cannot be determined by the application of a and b above, it shall be at management's discretion to determine which of the two (2) or more laid-off employees to recall.
5. The parties recognize the obligation to make good faith efforts to reemploy laid-off employees; it is not until all qualified laid-off employees have been offered the position one (1) at a time and are not available or otherwise decline the position that the Employer may fill the position pursuant to Article 10.
6. An employee may submit a statement restricting the conditions under which the employee will be available for recall. These conditions are limited to department, location and status of employment with one exception: in instances in which a job class has formal, distinct options under one (1) job class title and is so indicated, recall rights may be restricted to specific options (other than from which laid off) by the employee provided the employee meets the minimum qualifications for those options. The Employer will request information concerning restrictions of conditions of availability from each employee at the time of layoff.
