Common use of Determination of Layoff Clause in Contracts

Determination of Layoff. The following procedures shall apply in implementing a layoff: A. The Employer shall be permitted to exempt employees from the identified layoff group to maintain a reasonable affirmative action program to the extent permitted by law and/or employees with special skills for the maintenance of an existing program from the layoff process. In addition, the Employer may exempt employees as necessary to comply with Federal or State laws. The name of any employee exempted and the reason therefore shall be given to the Union in writing. B. Employees remaining in the layoff group shall be laid off by seniority with the employee with the least amount of seniority (as defined in Article V, Section 1) laid off first. C. The Employer shall notify each employee in the layoff group selected for layoff in writing as soon as possible but not less than fourteen (14) calendar days in advance of the established layoff date. Where notices are sent by first class mail, the time shall begin to run on the date the notice is postmarked. That layoff notice shall contain reference to the options available to that employee under this Article. A copy of such notice shall also be sent to the Union at that time. D. With the agreement of the Employer, a more senior employee may volunteer to be separated from employment in lieu of the layoff of a less senior employee with the guarantee that the Employer will not challenge the more senior employee’s eligibility for unemployment compensation, unless that employee, at a later point in time, refuses a reasonable offer of re-employment. An employee who is separated under this type of voluntary termination agreement is granted all rights and privileges of a laid off employee including restoration rights, reinstatement privileges and other such benefits as may be granted to laid off employees. An employee granted voluntary termination in lieu of layoff of another employee is not granted privileges associated with options available to employees in lieu of layoff as provided under Section 3 of this Article.

Determination of Layoff. The following procedures shall apply in implementing a layoff: A. The Employer shall be permitted to exempt employees from the identified layoff group to maintain a reasonable affirmative action program to the extent permitted by law and/or employees with special skills for the maintenance of an existing program from the layoff process. In addition, the Employer may exempt employees as necessary to comply with Federal or State laws. The name of any employee exempted and the reason therefore shall be given to the Union in writing. B. Employees remaining in the layoff group shall be laid off by seniority with the employee with the least amount of seniority (as defined in Article V, Section 1) laid off first. C. The Employer shall notify each employee in the layoff group selected for layoff in writing as soon as possible but not less than fourteen (14) calendar days in advance of the established layoff date. Where notices are sent by first class mail, the time shall begin to run on the date the notice is postmarked. That layoff notice shall contain reference to the options available to that employee under this Article. A copy of such notice shall also be sent to the Union at that time. D. With the agreement of the Employer, a more senior employee may volunteer to be separated from employment in lieu of the layoff of a less senior employee with the guarantee that the Employer will not challenge the more senior employee’s eligibility for unemployment compensation, unless that employee, at a later point in time, refuses a reasonable offer of re-employment. Section 3 Options Available to Employees Who Have Been Notified of Xxxxxx 8/3/1 Within five (5) calendar days of notification of layoff, the employee shall elect to demote in lieu of layoff, bump, request a voluntary demotion, request a transfer, or be separated in accordance with the layoff notice. A. Transfer in Lieu of Layoff Employees in the layoff group shall have the following transfer options in direct order of seniority, with the most senior employee considered first: 1. An Transfer within their employing unit within the bargaining unit: The employee who shall have the right to transfer to any vacancy in the same pay range for which he/she is separated under this type qualified to perform the work after being given the customary orientation provided to newly hired workers in the position, unless he/she is not physically or emotionally fit for the position or cannot perform the work in a satisfactory manner. 2. Transfer within the same agency: The employee shall have the right to transfer to any vacancy in the same classification for which he/she is qualified to perform the work after being given the customary orientation provided to newly hired workers in the position, unless he/she is not physically or emotionally fit for the position or cannot perform the work in a satisfactory manner. 3. Transfer between agencies: Employees may submit requests for transfer to any position vacancy with the same or counterpart pay range within any state agency. B. Demotion in Lieu of voluntary termination agreement is granted all rights and privileges of Layoff Within their employing unit within the bargaining unit, the employee may accept demotion to a laid off employee including restoration rights, reinstatement privileges and other such benefits as may be granted to laid off employees. An employee granted voluntary termination vacant position in lieu of layoff of another to a lower classification in the same series or to a lower classification and in which the employee is not granted privileges associated with options available to employees had previously obtained permanent status. Upon demotion in lieu of layoff as provided under Section 3 of this Articlelayoff, the employee shall be granted permanent status in the classification to which he/she demoted.

Determination of Layoff. The following procedures shall apply in implementing a layoff: A. The Employer shall be permitted to exempt employees from the identified layoff group to maintain a reasonable affirmative action program to the extent permitted by law and/or employees with special skills for the maintenance of an existing program from the layoff process. In addition, the Employer may exempt employees as necessary to comply with Federal or State laws. The name of any employee exempted and the reason therefore shall be given to the Union in writing. B. Employees remaining in the layoff group shall be laid off by seniority with the employee with the least amount of seniority (as defined in Article V, Section 1) laid off first. C. The Employer shall notify each employee in the layoff group selected for layoff in writing as soon as possible but not less than fourteen (14) calendar days in advance of the established layoff date. Where notices are sent by first class mail, the time shall begin to run on the date the notice is postmarked. That layoff notice shall contain the options or reference to the options available to that employee under this Article. A copy of such notice shall also be sent to the Union at that time. Between the notification of layoff and the effective date of the layoff, the Employer will notify the employee if additional options under section 3, A-C become available. D. With the agreement of the Employer, a more senior employee may volunteer to be separated from employment in lieu of the layoff of a less senior employee with the guarantee that the Employer will not challenge the more senior employee’s eligibility for unemployment compensation, unless that employee, at a later point in time, refuses a reasonable offer of re-employment. An employee who is separated under this type of voluntary termination agreement is granted all rights and privileges of a laid off employee including restoration rights, reinstatement privileges and other such benefits as may be granted to laid off employees. An employee granted voluntary termination in lieu of layoff of another employee is not granted privileges associated with options available to employees in lieu of layoff as provided under Section 3 of this Article.

Determination of Layoff. The following procedures shall apply in implementing a layoff:. A. 1. Employees within the layoff group, as defined above, shall be laid off by seniority as defined in Article VIII, Section 1 with the least senior laid off first, except that the Employer may lay off out of line seniority under one (1) of the two (2) following options. The name of any employee so exempted and the reason therefore shall immediately be given to the Union. a. The Employer shall be permitted to may exempt employees from the identified layoff group to maintain a reasonable affirmative action program to the extent permitted by law and/or employees with where there is a demonstrable need for special skills or training. b. The Employer may exempt, for reasons which are not arbitrary or capricious, ten percent (10%) of the maintenance actual number of employees identified for layoff within an existing program employing unit within the same class and subtitle from the layoff processprocedure. In addition, Such ten percent (10%) shall not be less than one (1) person in employing units having six (6) or more employees within the Employer may exempt employees as necessary to comply with Federal or State laws. The name of any employee exempted class and the reason therefore shall be given to the Union in writingsubtitle. B. Employees remaining in the layoff group shall be laid off by seniority with the employee with the least amount of seniority (as defined in Article V, Section 1) laid off first. C. The Employer shall notify each employee in the layoff group selected for layoff in writing as soon as possible but not less than fourteen (14) calendar days in advance of the established layoff date2. Where notices are sent by first class mail, the time shall begin to run on the date the notice is postmarked. That layoff notice shall contain reference to the options available to that employee under this Article. A copy of such notice shall also be sent to the Union at that time. D. With the agreement of the Employer, a more senior employee may volunteer to be separated from employment in lieu of the layoff of a less senior employee employee, with the guarantee that the Employer will not challenge the more senior employee’s eligibility for unemployment compensation, compensation unless that employee, at a later point in time, refuses a reasonable offer of re-employment. An employee who is separated under this type of voluntary termination agreement is granted all rights and privileges of a laid off employee including restoration rights, reinstatement privileges and other such benefits as may be granted to laid off employees. An employee granted voluntary termination in lieu of layoff of another employee is not granted privileges associated with options available to employees in lieu of layoff as provided under Section 3 of this Article. 3. Limited term employees in the same class and subtitle within the employing unit (other than student employees) who are not in federally funded positions shall be laid off prior to laying off bargaining unit employees. 4. The Employer shall notify each employee in the layoff group selected for layoff in writing not less than fourteen (14) calendar days in advance of the established layoff date. The layoff notice shall contain reference to the options available to that employee under this Article. A copy of such notice shall also be sent to the Union at that time. Where notices are sent by first class mail, the time shall begin to run on the date of mailing.