Demotion in Lieu of Layoff The appointing authority shall determine by class, subject to review by the Director, whether demotion shall be afforded employees as an option in lieu of layoff. At the request of the appointing authority, a permanent employee shall, in lieu of layoff, be afforded the option of demotion within the same department to a position in a lower class, provided that no such demotion shall in turn require the layoff or demotion from such lower class of any employee whose layoff rating is at least as high as that of the demoting employee. A probationary employee may be afforded the opportunity to accept a demotion within the same department to a position in a lower class provided no such demotion shall in turn require the layoff of any employee in the lower class. Such probationer shall not become permanent in the lower class by this action except by completing a new full probation period in such lower class.
REDUCTION IN FORCE A. In any reduction in the bargaining unit as a result of budgetary actions or curriculum and/or administrative organization, every effort will be made to transfer affected teachers to other similar positions within the school system where vacancies exist and for which the affected teachers are certified. B. If no similar positions are available, rehired retirees, provisionally certificated teachers and non- tenured teachers in the subjects and/or grade levels affected will be laid off or separated from the active employment rolls prior to tenured teachers in the same subjects and/or grade levels. If it becomes necessary to lay off tenured teachers, they shall be laid off in the inverse order of their seniority. An appropriate seniority list will be made available for inspection when a tenured teacher has been laid off and disputes a seniority ranking. The seniority list will be developed from the last date of employment and furnished to the Association. If there is a tie, the affected teachers will have seniority calculated as defined in Article I, Section B.7. Teachers on an unpaid leave of absence shall retain accrued seniority. Teachers on military leave, Association leave and on layoff shall continue to accrue seniority during that time. A countywide list of all certificated personnel employed as of July 1 of each year shall be compiled and available upon request of FCTA. The list will indicate name, date of first employment, date of current employment and department and location code. C. Teachers on layoff shall be placed on a priority recall list in accordance with their seniority. The teachers shall be recalled as vacancies become available in accordance with their position on the list and their certification for said vacancies. D. When vacancies become available, the teacher will be notified of the vacancy by phone and email sent to the last known address. The teacher so notified shall notify the responsible administrator, in writing, in not more than ten (10) days after receipt of notification of the vacancy as to whether or not the position will be accepted. The teacher may decline the first offer of employment. If the teacher declines the second offer of a position, reemployment rights shall be forfeited. All teachers shall remain on the priority recall list for a maximum of three (3) years. E. While a layoff continues, no new teachers shall be hired except in those unique circumstances where (a) there are no teachers on the priority recall list qualified to fill the vacancy or (b) all qualified teachers on the priority recall list decline the offer to fill the vacancy. F. Any layoff due to reduction in force shall not be subject to any dismissal procedure required elsewhere in this Agreement. G. Teachers recalled under these provisions shall have restored to them all previously accrued sick leave and personal leave. H. The Board and the Association recognize that appropriate governmental agencies that have jurisdiction may promulgate rulings and/or regulations that may impact this Article. If such rulings or regulations cause any provisions to be in conflict, the parties shall meet within ten (10) days for the purpose of renegotiating only the provision(s) held to be contrary.
PERSONNEL REDUCTION In the event that economic circumstances require the City to consider a reduction in personnel, the City shall notify the Union in writing at least 90 days prior to such time as said layoff may occur. Upon receipt of said notification, the City and the Union shall promptly meet with the express intent to reach an agreement to avoid or minimize a layoff or reduction in force. If an agreement cannot be reached and a layoff is required, the following process will be followed: For purposes of selecting the order of layoffs, if no agreement is reached, seniority in the Fire Department shall be the sole determining factor with layoffs beginning with the least-tenured department Employee. In the event that an agreement regarding the implementation of layoffs cannot be reached between the Union and the City, and if a Department Employee is selected to be displaced by a layoff, the City shall give the Employee the opportunity to fill a vacant position in accordance with the following rules: 1. If a vacancy of the same job classification exists in the Fire department, the Employee shall assume that position or be laid off. If one or more Employees are eligible for its position, the vacancy shall be filled by the Employee having the greatest departmental seniority. 2. If no vacancy in the same job classification exists in the Fire Department, the displaced Employee has the option of filling a vacancy in a lower-graded position in the Fire Department, provided the Employee agrees to meet the minimum requirements established for the position within twelve (12) months of accepting the reassignment. If the Employee fails to meet the minimum requirements after twelve months, they will immediately be laid off with no recall provisions. If one or more Employees are eligible for the position, the vacancy shall be filled by the Employee having the greatest departmental seniority. 3. If no vacancy in the same job classification exists and the displaced Employee chooses to not fill a vacancy in a lower-graded position, then the displaced Employee may bump into a lower-graded position, within the Fire Department, which he or she previously held; provided, however, such displaced Employee shall be qualified for that position and has greater departmental seniority than the Employee having the least departmental seniority in that job classification. 4. Any Employee bumped by Paragraph (3) above shall have the right to bump into a lower- graded position in the Fire Department, which he or she previously held if a vacancy exists; provided, however, such displaced Employee shall be qualified for that position and has greater departmental seniority than the Employee having the least departmental seniority in that job classification.
Demotion A demotion shall mean the transfer of an employee to a lower level position of less responsibility as well as salary.
Salary Reduction A reduction in pay from one step to another, which is not below the minimum rate established for the position by the salary plan. A copy of the notice of reduction shall be sent promptly to the City Manager Department for inclusion in the employee's official personnel file.
