Common use of Demotion in Lieu of Layoff Clause in Contracts

Demotion in Lieu of Layoff. If a regular employee who is to be laid off does not transfer and/or demote and transfer, then such regular employee shall have the right to demote to any job code within his department/agency in which that employee previously held permanent status. There does not need to be a vacant position within the classification for an employee to exercise this right. Such bumping as provided for in this subsection shall not be restricted to job codes within a bargaining unit. Should an employee bump into a job code in another bargaining unit, then the layoff procedures applicable to that bargaining unit shall be controlling. If, as a result of the exercise of this right, layoffs must occur in the classification to which that employee demoted, then such layoff shall be made in accordance with the provisions of the agreement which is controlling for the classification.

Demotion in Lieu of Layoff. If a regular employee who is to be laid off does not transfer and/or demote and transfer, then such regular employee shall have the right to demote to any job code within his the department/agency in which that employee previously held permanent status. There does not need to be a vacant position within the classification for an employee to exercise this right. Such bumping as provided for in this subsection Section shall not be restricted to job codes within a bargaining unit. Should an employee bump into a job code in another bargaining unit, then the layoff procedures applicable to that bargaining unit shall be controlling. If, as a result of the exercise of this right, layoffs must occur in the classification to which that employee demoted, then such layoff shall be made in accordance with the provisions of the agreement which is controlling for the classification.