DETERMINING SEPARATION. (a) For purposes of this section: (1) In instances where ratings are identified using numbers, a “2” shall be Unsatisfactory, a “3” shall be Satisfactory, a “4” shall be Excellent, and a “5” shall be Outstanding as defined in the Performance Evaluation Article. (2) In instances where ratings are used to determine the order of layoff, employees with the same rating(s) or within the same rating groups and columns, will be separated according to seniority (most senior separated last). (3) Volunteers need not be separated prior to laying off classified employees provided the volunteers do not assume the duties of the laid off employees. (b) Order of Separation The order of separation of employees with permanent status shall be on a geographic basis by class and department in the following manner. For purposes of determining this order of separation, “geographic basis” shall be construed to mean that area within a thirty-five (35) road mile radius of the position’s regular duty station. (1) Employees with less than three (3) years of continuous State service and whose current, annual performance evaluation is less than Satisfactory shall be separated first. (2) Then, employees who have not received their first annual performance evaluation will be separated. These employees will be separated on the basis of their original probationary period evaluations and separated in order of their ratings, those rated above “Satisfactory” being separated last. (3) Then, employees with only one (1) annual performance evaluation will be separated. These employees will be listed by order of their ratings, “Outstanding” being separated last. (4) Then, employees with two (2) annual performance evaluations will be separated. Those employees will be placed in the following groups based on their performance ratings: 1. 2. 3. Group A: 2,2 3,2 2,3 Group B: 4/5,2 3,3 2,4/5 Group C: 4/5,3 3,4/5 4/5,4/5 The employees in Group A will be separated first, Group C last. (5) Then, employees with more than three (3) and less than five (5) years of continuous State service will then be separated. The order of layoff of these employees will be based on seniority (the employee with the most seniority will be separated last), except in the following instance. An employee with any one (1) of the following combinations of ratings on his/her three (3) most recent annual performance evaluations will be separated last: 4/5 4/5 3 4/5 3 4/5 3 4/5 4/5 4/5 4/5 4/5 (6) Then, employees with five (5) or more years of continuous State service will be separated. The order of layoff of these employees will be based solely on seniority; the employees with the most seniority will be separated last. (c) (Special Circumstances) If any employee with permanent status identified for layoff is eligible for Veteran’s preference under 20 VSA, Section 1543, and has identical length of service and ratings with a non-veteran employee with permanent status who is identified for layoff, the latter shall be laid off before the former. (d) (Options within class) When a position is to be eliminated and an employee other than the incumbent of that position is selected for layoff, the incumbent of the position to be eliminated will be offered the position held by the employee scheduled for layoff. (1) If the offer is refused, the incumbent of the position to be eliminated will be laid off, notwithstanding the procedures above. (2) In this event, the employee will be laid off with full rights given under Reduction In Force Article, or s/he may exercise vertical displacement rights, if eligible and qualified, in accordance with Section 5, subsection (e) of this Article. (3) Notwithstanding, if the incumbent of the position to be eliminated arranges with other employees in his/her same department and in the same class to switch positions, the employee to be laid off will be determined in accordance with this section, provided the appointing authority agrees to the rearrangement of positions. (4) Any employee not selected for layoff may be required to assume the duties within class of the selected individual, (such as shift or unit assignment, caseload, etc.) and may not grieve such assignment. (e) Displacement (Excludes State Police Supervisor) (1) Displacement rights will be extended to full time classified employees with permanent status in accordance with the provisions of this subsection (e). Horizontal displacement rights within a department and geographic area will apply to associated classes. Vertical and horizontal displacement rights will apply within a series of classes, within a department and geographic area. Geographic area, for purposes of displacement, shall be construed to mean a thirty-five (35) road-mile radius. (2) The Commissioner of Human Resources shall determine and maintain the list of vertical classes within series. After consultation with the VSEA, pursuant to its request, in November - December prior to the effective date of any contract, the series list shall be incorporated by reference and shall remain in force for the life of such agreement except as it may be updated on a quarterly basis (April, July, October, January) thereafter by the Commissioner of Human Resources. Quarterly modifications shall be made only when reassignments of pay grade and establishing new classes or abolishing old ones require such modification in order to maintain vertical alignment within the series. (3) Vertical displacement rights: shall be offered subject to the following conditions:
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DETERMINING SEPARATION. (a) For purposes of this section:
(1) In instances where ratings are identified using numbers, a “2” shall be Unsatisfactory, a “3” shall be Satisfactory, a “4” shall be Excellent, and a “5” shall be Outstanding as defined in the Performance Evaluation Article.
(2) In instances where ratings are used to determine the order of layoff, employees with the same rating(s) or within the same rating groups and columns, will be separated according to seniority (most senior separated last).
(3) Volunteers need not be separated prior to laying off classified employees provided the volunteers do not assume the duties of the laid off employees.
(b) Order of Separation The order of separation of employees with permanent status shall be on a geographic basis by class and department in the following manner. For purposes of determining this order of separation, “geographic basis” shall be construed to mean that area within a thirty-five (35) road mile radius of the position’s regular duty station.ORDER OF SEPARATION
(1) Employees with less than three (3) years of continuous State service and whose current, annual performance evaluation is less than Satisfactory shall be separated first.
(2) Then, employees who have not received their first annual performance evaluation will be separated. These employees will be separated on the basis of their original probationary period evaluations and separated in order of their ratings, those rated above “Satisfactory” being separated last.
(3) Then, employees with only one (1) annual performance evaluation will be separated. These employees will be listed by order of their ratings, “Outstanding” being separated last.
(4) Then, employees with two (2) annual performance evaluations will be separated. Those employees will be placed in the following groups based on their performance ratings: 1. 2. 3. Group A: 2,2 3,2 2,3 Group B: 4/5,2 3,3 2,4/5 Group C: 4/5,3 3,4/5 4/5,4/5 The employees in Group A will be separated first, Group C last.
(5) Then, employees with more than three (3) and less than five (5) years of continuous State service will then be separated. The order of layoff of these employees will be based on seniority (the employee with the most seniority will be separated last), except in the following instance. An employee with any one (1) of the following combinations of ratings on his/her three (3) most recent annual performance evaluations will be separated last: 4/5 4/5 3 4/5 3 4/5 3 4/5 4/5 4/5 4/5 4/5 (6) Then, employees with five (5) or more years of continuous State service will be separated. The order of layoff of these employees will be based solely on seniority; the employees with the most seniority will be separated last.
(c) (Special Circumstances) If any employee with permanent status identified for layoff is eligible for Veteran’s preference under 20 VSA, Section 1543, and has identical length of service and ratings with a non-veteran employee with permanent status who is identified for layoff, the latter shall be laid off before the former.
(d) (Options within class) When a position is to be eliminated and an employee other than the incumbent of that position is selected for layoff, the incumbent of the position to be eliminated will be offered the position held by the employee scheduled for layoff.
(1) If the offer is refused, the incumbent of the position to be eliminated will be laid off, notwithstanding the procedures above.
(2) In this event, the employee will be laid off with full rights given under Reduction In Force Article, or s/he may exercise vertical displacement rights, if eligible and qualified, in accordance with Section 5, subsection (e) of this Article.
(3) Notwithstanding, if the incumbent of the position to be eliminated arranges with other employees in his/her same department and in the same class to switch positions, the employee to be laid off will be determined in accordance with this section, provided the appointing authority agrees to the rearrangement of positions.
(4) Any employee not selected for layoff may be required to assume the duties within class of the selected individual, (such as shift or unit assignment, caseload, etc.) and may not grieve such assignment.
(e) Displacement (Excludes State Police Supervisor)
(1) Displacement rights will be extended to full time classified employees with permanent status in accordance with the provisions of this subsection (e). Horizontal displacement rights within a department and geographic area will apply to associated classes. Vertical and horizontal displacement rights will apply within a series of classes, within a department and geographic area. Geographic area, for purposes of displacement, shall be construed to mean a thirty-five (35) road-mile radius.
(2) The Commissioner of Human Resources shall determine and maintain the list of vertical classes within series. After consultation with the VSEA, pursuant to its request, in November - December prior to the effective date of any contract, the series list shall be incorporated by reference and shall remain in force for the life of such agreement except as it may be updated on a quarterly basis (April, July, October, January) thereafter by the Commissioner of Human Resources. Quarterly modifications shall be made only when reassignments of pay grade and establishing new classes or abolishing old ones require such modification in order to maintain vertical alignment within the series.
(3) Vertical displacement rights: shall be offered subject to the following conditions:
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
DETERMINING SEPARATION. (a) For purposes of this section:
(1) In instances where ratings are identified using numbers, a “2” ―2‖ shall be Unsatisfactory, a “3” ―3‖ shall be Satisfactory, a “4” ―4‖ shall be Excellent, and a “5” Excellent or ―5‖ shall be Outstanding as defined in the Performance Evaluation Article.
(2) In instances where ratings are used to determine the order of layoff, employees with the same rating(s) or within the same rating groups and columns, will be separated according to seniority (most senior separated last).
(3) Volunteers need not be separated prior to laying off classified employees provided the volunteers do not assume the duties of the laid off employees.
(b) Order of Separation The order of separation of employees with permanent status shall be on a geographic basis by class and department in the following manner. For purposes of determining this order of separation, “geographic basis” ―geographic basis‖ shall be construed to mean that area within a thirty-five (35) road mile radius of the position’s regular duty station.
(1) Employees with less than three (3) years of continuous State service and whose current, annual performance evaluation is less than Satisfactory shall be separated first.
(2) Then, employees who have not received their first annual performance evaluation will be separated. These employees will be separated on the basis of their original probationary period evaluations and separated in order of their ratings, those rated above “Satisfactory” ―Satisfactory‖ being separated last.
(3) Then, employees with only one (1) annual performance evaluation will be separated. These employees will be listed by order of their ratings, “Outstanding” ―Outstanding‖ being separated last.
(4) Then, employees with two (2) annual performance evaluations will be separated. Those employees will be placed in the following groups based on their performance ratings: 1. 2. 3. Group A: 2,2 3,2 2,3 Group B: 4/5,2 3,3 2,4/5 Group C: 4/5,3 3,4/5 4/5,4/5 The employees in Group A will be separated first, Group C last.
(5) Then, employees with more than three (3) and less than five (5) years of continuous State service will then be separated. The order of layoff of these employees will be based on seniority (the employee with the most seniority will be separated last), except in the following instance. An employee with any one (1) of the following combinations of ratings on his/her three (3) most recent annual performance evaluations will be separated last: 4/5 4/5 3 4/5 3 4/5 3 4/5 4/5 4/5 4/5 4/5 (6) Then, employees with five (5) or more years of continuous State service will be separated. The order of layoff of these employees will be based solely on seniority; the employees with the most seniority will be separated last.
(c) (Special Circumstances) If any employee with permanent status identified for layoff is eligible for Veteran’s preference under 20 VSA, Section 1543, and has identical length of service and ratings with a non-veteran employee with permanent status who is identified for layoff, the latter shall be laid off before the former.
(d) (Options within class) When a position is to be eliminated and an employee other than the incumbent of that position is selected for layoff, the incumbent of the position to be eliminated will be offered the position held by the employee scheduled for layoff.
(1) If the offer is refused, the incumbent of the position to be eliminated will be laid off, notwithstanding the procedures above.
(2) In this event, the employee will be laid off with full rights given under Reduction In Force Article, or s/he may exercise vertical displacement rights, if eligible and qualified, in accordance with Section 5, subsection (e) of this Article.
(3) Notwithstanding, if the incumbent of the position to be eliminated arranges with other employees in his/her same department and in the same class to switch positions, the employee to be laid off will be determined in accordance with this section, provided the appointing authority agrees to the rearrangement of positions.
(4) Any employee not selected for layoff may be required to assume the duties within class of the selected individual, (such as shift or unit assignment, caseload, etc.) and may not grieve such assignment.
(e) Displacement (Excludes State Police SupervisorBumping)
(1) Displacement rights will be extended to full time classified employees with permanent status in accordance with the provisions of this subsection (e). Horizontal displacement rights within a department and geographic area will apply to associated classes. Vertical and horizontal displacement rights will apply within a series of classes, within a department and geographic area. Geographic area, for purposes of displacement, shall be construed to mean a thirty-five (35) road-mile radius.
(2) The Commissioner of Human Resources shall determine and maintain the list of vertical classes within series. After consultation with the VSEA, pursuant to its request, in November - November- December prior to the effective date of any contract, the series list shall be incorporated by reference and shall remain in force for the life of such agreement except as it may be updated on a quarterly basis (April, July, October, January) thereafter by the Commissioner of Human Resources. Quarterly modifications shall be made only when reassignments of pay grade and establishing new classes or abolishing old ones require such modification in order to maintain vertical alignment within the series.
(3) Vertical displacement rights: shall be offered subject to the following conditions:
(i) Employees may exercise displacement rights only over bargaining unit employees within their Department and their geographic area. ―Geographic area‖ (thirty-five (35) road-miles), is defined by the initial position targeted for layoff prior to any vertical or horizontal displacement.
(ii) There shall be no more than three (3) vertical displacements within a classification series.
(iii) Vertical displacement rights shall not be exercised if one or more of the following conditions exist within the employee’s department and geographic (thirty-five (35) miles) area. • There is a RIF-cleared vacancy which management intends to fill within the same pay grade, or within the first, second, or third next lower pay grade, or there is an original probationary employee working in any such position and the employee meets the minimum qualifications for any such vacancy or position: or • (S)He is eligible to exercise horizontal displacement within a department or geographic area (thirty-five (35) road-mile radius), into an associated class under paragraph (4) of this subsection. In such cases, the displaced employee shall acquire vertical displacement rights, subject to the cap of three (3) vertical displacements. Horizontal displacements from one associated class into another, before vertical displacements begin, do not count against the cap of three (3) vertical displacements.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DETERMINING SEPARATION. (a) For purposes of this section:
(1) In instances where ratings are identified using numbers, a “2” ident fac shall be Unsatisfactory, a “3” shall be Satisfactory, a “4” shall be Excellent, and a “5” shall S l be Outstanding as defined in the Performance Evaluation Article.
(2) In instances where ratings are used to determine the order of layoff, employees with the same rating(s) or within the same rating groups and columns, will be separated according to seniority (most senior separated last).
(3) Volunteers need not be separated prior to laying off classified employees provided the volunteers do not assume the duties of the laid off employees.
(b) Order of Separation The order of separation of employees with permanent status shall be on a geographic basis by class and department in the following manner. For purposes of determining this order of separation, “geographic basis” shall be construed to mean that area within a thirty-five (35) road mile radius of the position’s regular duty station.
(1) Employees with less than three (3) years of continuous State service and whose current, annual performance evaluation is less than Satisfactory shall be separated first.
(2) Then, employees who have not received their first annual performance evaluation will be separated. These employees will be separated on the basis of their original probationary period evaluations and separated in order of their ratings, those rated above “Satisfactory” being abo i separated last.
(3) Then, employees with only one (1) annual performance evaluation will be separated. These employees will be listed by order of their ratings, “Outstanding” being separated ed last.
(4) Then, employees with two (2) annual performance evaluations will be separated. Those employees will be placed in the following groups based on their performance ratings: 1. 2. 3. Group A: 2,2 3,2 2,3 Group B: 4/5,2 3,3 2,4/5 Group C: 4/5,3 3,4/5 4/5,4/5 The employees in Group A will be separated first, Group C last.
(5) Then, employees with more than three (3) and less than five (5) years of continuous State service will then be separated. The order of layoff of these employees will be based on seniority (the employee with the most seniority will be separated last), except in the following instance. An employee with any one (1) of the following combinations of ratings on his/her three (3) most recent annual performance evaluations will be separated last: 4/5 4/5 3 4/5 3 4/5 3 4/5 4/5 4/5 4/5 4/5 (6) Then, employees with five (5) or more years of continuous State service will be separated. The order of layoff of these employees will be based solely on seniority; the employees with the most seniority will be separated last.
(c) (Special Circumstances) If any employee with permanent status identified for layoff is eligible for Veteran’s preference e under 20 VSA, Section 1543, and has identical length of service and ratings with a non-veteran employee with permanent status who is identified for layoff, the latter shall be laid off before the former.
(d) (Options within class) When a position is to be eliminated and an employee other than the incumbent of that position is selected for layoff, the incumbent of the position to be eliminated will be offered the position held by the employee scheduled for layoff.
(1) If the offer is refused, the incumbent of the position to be eliminated will be laid off, notwithstanding the procedures above.
(2) In this event, the employee will be laid off with full rights given under Reduction In Force Article, or s/he may exercise vertical displacement rights, if eligible and qualified, in accordance with Section 5, subsection (e) of this Article.
(3) Notwithstanding, if the incumbent of the position to be eliminated arranges with other employees in his/her same department and in the same class to switch positions, the employee to be laid off will be determined in accordance with this section, provided the appointing authority agrees to the rearrangement of positions.
(4) Any employee not selected for layoff may be required to assume the duties within class of the selected individual, (such as shift or unit assignment, caseload, etc.) and may not grieve such assignment.
(e) Displacement (Excludes State Police Supervisor)
(1) Displacement rights will be extended to full time classified employees with permanent status in accordance with the provisions of this subsection (e). Horizontal displacement rights within a department and geographic area will apply to associated classes. Vertical and horizontal displacement rights will apply within a series of classes, within a department and geographic area. Geographic area, for purposes of displacement, shall be construed to mean a thirty-five (35) road-mile radius.
(2) The Commissioner of Human Resources shall determine and maintain the list of vertical classes within series. After consultation with the VSEA, pursuant to its request, in November - December prior to the effective date of any contract, the series list shall be incorporated by reference and shall remain in force for the life of such agreement except as it may be updated on a quarterly basis (April, July, October, January) thereafter by the Commissioner of Human Resources. Quarterly modifications shall be made only when reassignments of pay grade and establishing new classes or abolishing old ones require such modification in order to maintain vertical alignment within the series.
(3) Vertical displacement rights: shall be offered subject to the following conditions:
Appears in 1 contract
Samples: Collective Bargaining Agreement
DETERMINING SEPARATION. (a) For purposes of this section:
(1) In instances where ratings are identified using numbers, a “2” shall be Unsatisfactory, a “3” shall be Satisfactory, a “4” shall be Excellent, and a Excellent or “5” shall be Outstanding as defined in the Performance Evaluation Article.
(2) In instances where ratings are used to determine the order of layoff, employees with the same rating(s) or within the same rating groups and columns, will be separated according to seniority (most senior separated last).
(3) Volunteers need not be separated prior to laying off classified employees provided the volunteers do not assume the duties of the laid off employees.
(b) Order of Separation The order of separation of employees with permanent status shall be on a geographic basis by class and department in the following manner. For purposes of determining this order of separation, “geographic basis” shall be construed to mean that area within a thirty-five (35) road mile radius of the position’s regular duty station.
(1) Employees with less than three (3) years of continuous State service and whose current, annual performance evaluation is less than Satisfactory shall be separated first.
(2) Then, employees who have not received their first annual performance evaluation will be separated. These employees will be separated on the basis of their original probationary period evaluations and separated in order of their ratings, those rated above “Satisfactory” being separated last.
(3) Then, employees with only one (1) annual performance evaluation will be separated. These employees will be listed by order of their ratings, “Outstanding” being separated last.
(4) Then, employees with two (2) annual performance evaluations will be separated. Those employees will be placed in the following groups based on their performance ratings: 1. 2. 3. Group A: 2,2 3,2 2,3 Group B: 4/5,2 3,3 2,4/5 Group C: 4/5,3 3,4/5 4/5,4/5 The employees in Group A will be separated first, Group C last.
(5) Then, employees with more than three (3) and less than five (5) years of continuous State service will then be separated. The order of layoff of these employees will be based on seniority (the employee with the most seniority will be separated last), except in the following instance. An employee with any one (1) of the following combinations of ratings on his/her three (3) most recent annual performance evaluations will be separated last: 4/5 4/5 3 4/5 3 4/5 3 4/5 4/5 4/5 4/5 4/5 (6) Then, employees with five (5) or more years of continuous State service will be separated. The order of layoff of these employees will be based solely on seniority; the employees with the most seniority will be separated last.
(c) (Special Circumstances) If any employee with permanent status identified for layoff is eligible for Veteran’s preference under 20 VSA, Section 1543, and has identical length of service and ratings with a non-veteran employee with permanent status who is identified for layoff, the latter shall be laid off before the former.
(d) (Options within class) When a position is to be eliminated and an employee other than the incumbent of that position is selected for layoff, the incumbent of the position to be eliminated will be offered the position held by the employee scheduled for layoff.
(1) If the offer is refused, the incumbent of the position to be eliminated will be laid off, notwithstanding the procedures above.
(2) In this event, the employee will be laid off with full rights given under Reduction In Force Article, or s/he may exercise vertical displacement rights, if eligible and qualified, in accordance with Section 5, subsection (e) of this Article.
(3) Notwithstanding, if the incumbent of the position to be eliminated arranges with other employees in his/her same department and in the same class to switch positions, the employee to be laid off will be determined in accordance with this section, provided the appointing authority agrees to the rearrangement of positions.
(4) Any employee not selected for layoff may be required to assume the duties within class of the selected individual, (such as shift or unit assignment, caseload, etc.) and may not grieve such assignment.
(e) Displacement (Excludes State Police Supervisor)
(1) Displacement rights will be extended to full time classified employees with permanent status in accordance with the provisions of this subsection (e). Horizontal displacement rights within a department and geographic area will apply to associated classes. Vertical and horizontal displacement rights will apply within a series of classes, within a department and geographic area. Geographic area, for purposes of displacement, shall be construed to mean a thirty-five (35) road-mile radius.
(2) The Commissioner of Human Resources shall determine and maintain the list of vertical classes within series. After consultation with the VSEA, pursuant to its request, in November - December prior to the effective date of any contract, the series list shall be incorporated by reference and shall remain in force for the life of such agreement except as it may be updated on a quarterly basis (April, July, October, January) thereafter by the Commissioner of Human Resources. Quarterly modifications shall be made only when reassignments of pay grade and establishing new classes or abolishing old ones require such modification in order to maintain vertical alignment within the series.
(3) Vertical displacement rights: shall be offered subject to the following conditions:
Appears in 1 contract
Samples: Collective Bargaining Agreement
DETERMINING SEPARATION. (a) For purposes of this section:
(1) In instances where ratings are identified using numbers, a “2” shall be Unsatisfactory, a “3” shall be Satisfactory, a “4” shall be Excellent, and a “5” shall be Outstanding as defined in the Performance Evaluation Article.
(2) In instances where ratings are used to determine the order of layoff, employees with the same rating(s) or within the same rating groups and columns, will be separated according to seniority (most senior separated last).
(3) Volunteers need not be separated prior to laying off classified employees provided the volunteers do not assume the duties of the laid off employees.
(b) Order of Separation The order of separation of employees with permanent status shall be on a geographic basis by class and department in the following manner. For purposes of determining this order of separation, “geographic basis” shall be construed to mean that area within a thirty-five (35) road mile radius of the position’s regular duty station.
(1) Employees with less than three (3) years of continuous State service and whose current, annual performance evaluation is less than Satisfactory shall be separated first.
(2) Then, employees who have not received their first annual performance evaluation will be separated. These employees will be separated on the basis of their original probationary period evaluations and separated in order of their ratings, those rated above “Satisfactory” being separated last.
(3) Then, employees with only one (1) annual performance evaluation will be separated. These employees will be listed by order of their ratings, “Outstanding” being separated last.
(4) Then, employees with two (2) annual performance evaluations will be separated. Those employees will be placed in the following groups based on their performance ratings: 1. 2. 3. Group A: 2,2 3,2 2,3 Group B: 4/5,2 3,3 2,4/5 Group C: 4/5,3 3,4/5 4/5,4/5 The employees in Group A will be separated first, Group C last.
(5) Then, employees with more than three (3) and less than five (5) years of continuous State service will then be separated. The order of layoff of these employees will be based on seniority (the employee with the most seniority will be separated last), except in the following instance. An employee with any one (1) of the following combinations of ratings on his/her three (3) most recent annual performance evaluations will be separated last: 4/5 4/5 3 4/5 3 4/5 3 4/5 4/5 4/5 4/5 4/5 (6) Then, employees with five (5) or more years of continuous State service will be separated. The order of layoff of these employees will be based solely on seniority; the employees with the most seniority will be separated last.
(c) (Special Circumstances) If any employee with permanent status identified for layoff is eligible for Veteran’s preference under 20 VSA, Section 1543, and has identical length of service and ratings with a non-veteran employee with permanent status who is identified for layoff, the latter shall be laid off before the former.
(d) (Options within class) When a position is to be eliminated and an employee other than the incumbent of that position is selected for layoff, the incumbent of the position to be eliminated will be offered the position held by the employee scheduled for layoff.
(1) If the offer is refused, the incumbent of the position to be eliminated will be laid off, notwithstanding the procedures above.
(2) In this event, the employee will be laid off with full rights given under Reduction In Force Article, or s/he may exercise vertical displacement rights, if eligible and qualified, in accordance with Section 5, subsection (e) of this Article.
(3) Notwithstanding, if the incumbent of the position to be eliminated arranges with other employees in his/her same department and in the same class to switch positions, the employee to be laid off will be determined in accordance with this section, provided the appointing authority agrees to the rearrangement of positions.
(4) Any employee not selected for layoff may be required to assume the duties within class of the selected individual, (such as shift or unit assignment, caseload, etc.) and may not grieve such assignment.
(e) Displacement (Excludes State Police Supervisor)
(1) Displacement rights will be extended to full time classified employees with permanent status in accordance with the provisions of this subsection (e). Horizontal displacement rights within a department and geographic area will apply to associated classes. Vertical and horizontal displacement rights will apply within a series of classes, within a department and geographic area. Geographic area, for purposes of displacement, shall be construed to mean a thirty-five (35) road-road- mile radius.
(2) The Commissioner of Human Resources shall determine and maintain the list of vertical classes within series. After consultation with the VSEA, pursuant to its request, in November - December prior to the effective date of any contract, the series list shall be incorporated by reference and shall remain in force for the life of such agreement except as it may be updated on a quarterly basis (April, July, October, January) thereafter by the Commissioner of Human Resources. Quarterly modifications shall be made only when reassignments of pay grade and establishing new classes or abolishing old ones require such modification in order to maintain vertical alignment within the series.
(3) Vertical displacement rights: shall be offered subject to the following conditions:
(i) Employees may exercise displacement rights only over bargaining unit employees within their Department and their geographic area. “Geographic area” (thirty-five (35) road-miles), is defined by the initial position targeted for layoff prior to any vertical or horizontal displacement.
(ii) There shall be no more than three (3) vertical displacements within a classification series.
(iii) Vertical displacement rights shall not be exercised if one (1) or more of the following conditions exist within the employee’s department and geographic (thirty-five (35) miles) area: • There is a RIF-cleared vacancy which management intends to fill within the same pay grade, or within the first, second, or third next lower pay grade, or there is an original probationary employee working in any such position and the employee meets the minimum qualifications for any such vacancy or position: or • (S)He is eligible to exercise horizontal displacement within a department or geographic area (thirty-five (35) road-mile radius), into an associated class under paragraph (d) of this subsection. In such cases, the displaced employee shall acquire vertical displacement rights, subject to the cap of three (3) vertical displacements. Horizontal displacements from one associated class into another, before vertical displacements begin, do not count against the cap of three (3) vertical displacements.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DETERMINING SEPARATION. (a) For purposes of this section:
(1) In instances where ratings are identified using numbersus e Un t, a “2” shall be Unsatisfactory, a “3” shall be Satisfactory, a “4” shall be Excellent, and a “5” shall l be Outstanding as defined in the Performance Evaluation Article.
(2) In instances where ratings are used to determine the order of layoff, employees with the same rating(s) or within the same rating groups and columns, will be separated according to seniority (most senior separated last).
(3) Volunteers need not be separated prior to laying off classified employees provided the volunteers do not assume the duties of the laid off employees.
(b) Order of Separation The order of separation of employees with permanent status shall be on a geographic basis by class and department in the following manner. For purposes of determining this order of separation, “geographic basis” shall be construed to mean that area within a thirty-five (35) road mile radius of the position’s regular duty station.ORDER OF SEPARATION
(1) Employees with less than three (3) years of continuous State service and whose current, annual performance evaluation is less than Satisfactory shall be separated first.
(2) Then, employees who have not received their first annual performance evaluation will be separated. These employees will be separated on the basis of their original probationary period evaluations and separated in order of their ratings, those rated above “Satisfactory” sepa being separated last.
(3) Then, employees with only one (1) annual performance evaluation will be separated. These employees will be listed by order of their ratings, “Outstanding” being ng separated last.
(4) Then, employees with two (2) annual performance evaluations will be separated. Those employees will be placed in the following groups based on their performance ratings: 1. 2. 3. Group A: 2,2 3,2 2,3 Group B: 4/5,2 3,3 2,4/5 Group C: 4/5,3 3,4/5 4/5,4/5 The employees in Group A will be separated first, Group C last.
(5) Then, employees with more than three (3) and less than five (5) years of continuous State service will then be separated. The order of layoff of these employees will be based on seniority (the employee with the most seniority will be separated last), except in the following instance. An employee with any one (1) of the following combinations of ratings on his/her three (3) most recent annual performance evaluations will be separated last: 4/5 4/5 3 4/5 3 4/5 3 4/5 4/5 4/5 4/5 4/5 (6) Then, employees with five (5) or more years of continuous State service will be separated. The order of layoff of these employees will be based solely on seniority; the employees with the most seniority will be separated last.
(c) (Special Circumstances) If any employee with permanent status identified for layoff is eligible for Veteran’s preference under 20 VSA, Section 1543, and has identical length of service and ratings with a non-veteran employee with permanent status who is identified for layoff, the latter shall be laid off before the former.
(d) (Options within class) When a position is to be eliminated and an employee other than the incumbent of that position is selected for layoff, the incumbent of the position to be eliminated will be offered the position held by the employee scheduled for layoff.
(1) If the offer is refused, the incumbent of the position to be eliminated will be laid off, notwithstanding the procedures above.
(2) In this event, the employee will be laid off with full rights given under Reduction In Force Article, or s/he may exercise vertical displacement rights, if eligible and qualified, in accordance with Section 5, subsection (e) of this Article.
(3) Notwithstanding, if the incumbent of the position to be eliminated arranges with other employees in his/her same department and in the same class to switch positions, the employee to be laid off will be determined in accordance with this section, provided the appointing authority agrees to the rearrangement of positions.
(4) Any employee not selected for layoff may be required to assume the duties within class of the selected individual, (such as shift or unit assignment, caseload, etc.) and may not grieve such assignment.
(e) Displacement (Excludes State Police Supervisor)
(1) Displacement rights will be extended to full time classified employees with permanent status in accordance with the provisions of this subsection (e). Horizontal displacement rights within a department and geographic area will apply to associated classes. Vertical and horizontal displacement rights will apply within a series of classes, within a department and geographic area. Geographic area, for purposes of displacement, shall be construed to mean a thirty-five (35) road-mile radius.
(2) The Commissioner of Human Resources shall determine and maintain the list of vertical classes within series. After consultation with the VSEA, pursuant to its request, in November - December prior to the effective date of any contract, the series list shall be incorporated by reference and shall remain in force for the life of such agreement except as it may be updated on a quarterly basis (April, July, October, January) thereafter by the Commissioner of Human Resources. Quarterly modifications shall be made only when reassignments of pay grade and establishing new classes or abolishing old ones require such modification in order to maintain vertical alignment within the series.
(3) Vertical displacement rights: shall be offered subject to the following conditions:
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Samples: Collective Bargaining Agreement
