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.
Retirement in Lieu of Layoff 9.9.1 Any member in the bargaining unit may elect to accept a service retirement in lieu of layoff, voluntary demotion, or reduction in assigned time. Such bargaining unit member shall, within ten (10) workdays prior to the effective date of the proposed layoff, complete, and submit a form provided by the District for this purpose.
Demotions By mutual agreement, a grievance falling into any of these categories may be placed into the expedited arbitration process.
Promotions, Demotions and Transfers An employee who promotes to a position in a higher pay grade shall have his/her rate of pay adjusted to the lowest rate in the new grade which is at least five percent (5%) higher than the rate in the class from which promoted. The percentage will be calculated as five percent (5%) of the base rate plus the following pay premiums, when applicable: scheduled overtime (when part of an employee’s negotiated work schedule; if an employee promotes into a position with more scheduled overtime than the promoted-from position, the extra scheduled hours shall not count towards the five percent (5%) pay increase; for example, when an employee promotes from a position with 2.5 hours of negotiated scheduled overtime to a position with 4.0 hours of negotiated scheduled overtime, calculations will be based on 2.5 hours of scheduled overtime for both positions); medication administration stipend; appropriate state-paid retirement differential; and institutional stipend, provided that the employee is permanently assigned to work in a Correctional or Mental Health Institution. Notwithstanding the foregoing, the Director of the Bureau of Human Resources may consider exceptions pursuant to Civil Service Rules. An employee who demotes to a lower pay grade shall have his/her rate of pay adjusted to the highest rate in the new pay grade which is lower than the rate of the class from which the employee left, considering the same pay components listed above. When an employee transfers (remains in the same pay grade) and remains within the same or equivalent salary schedule, his/her rate of pay will remain the same. When an employee transfers (remains in the same pay grade), but moves from one salary schedule to another dissimilar salary schedule, his/her rate of pay will be adjusted to the closest step in the new salary schedule that does not result in a loss of pay, considering the same pay components listed above. When an employee transfers (remains in the same pay grade) from any other bargaining unit to the Supervisory Services bargaining unit, his/her rate of pay will be adjusted to one step higher than the closest step in the new salary schedule that does not result in a loss of pay, considering the same pay components listed above. Determining the appropriate salary step upon promotion, demotion, or transfer may not result in a salary that is greater than the maximum or less than the minimum rates established in the salary schedule for the new classification. An employee who transfers to another position must remain in that position a minimum of six (6) months before he/she is eligible to apply for another transfer. This requirement does not apply to seasonal employees.
Menu of Labour Adjustment Strategies Where a work force reduction is necessary, the following labour adjustment strategies will be considered, as applicable.
Voluntary Demotions For purposes of this Section, the term “opening” shall apply to any permanent vacancy in a classification. An employee may vacate from his current classification once per year given there is an opening and the employee is qualified to perform in the lower classification to which the employee has requested a demotion. The Department will assign voluntarily demoted employees beginning with the next employee pay cycle. Employees will have thirty (30) days to certify for position openings. No employee shall be displaced from the Department through a voluntary demotion. Employees who voluntarily demote to a lower classification will be placed in the new payline for the lower classification based on their years of service in the lower classification. Employees that voluntarily demote to the classification of Firefighter will receive credit for total time spent in the Department when being placed on that payline.
