Displacement (Bumping) Rights. A. A Regular Employee who will lose his/her position due to a layoff may elect to:
1. Displace an employee in the same class with less seniority; or
2. Bump to a lower class within the employee’s current class series; or
3. Bump to a class within a series (not higher) in which the employee previously occupied and has more seniority than a Regular Employee in the class.
B. Because displacement by Seniority is a sequential operation, it is anticipated that the notices of Layoff will be furnished to Regular Employees at different times. Under no circumstances will the maximum salary level for the new position of Regular Employees bumping into a lower Class exceed the maximum salary level for the position they held before exercising their bumping rights.
Displacement (Bumping) Rights a. An employee who is laid off from a classification and who has previously obtained permanency in an equal or lower classification shall have the right to bump the least senior employee in that classification. Where the employee is eligible to bump into more than one classification, the employee shall bump into the equal classification. If there is more than one classification which he/she is eligible to bump into, it shall be the one in which the employee has the most prior service.
b. Seniority for the purpose of determining bumping rights shall be determined by original date of hire and include the total of the previous service in the equal or lower class being bumped into, plus higher classes.
c. A permanent or probationary employee who has been removed from his/her classification for lack of work or lack of funds and after exercising his/her bumping rights may accept a voluntary demotion to a vacant position in a lower class or placement in an equal class, provided that the employee is qualified to perform the duties thereof and provided further that the District approves such reassignment. Such employee shall maintain his/her employment rights as defined in this Article.
Displacement (Bumping) Rights. 1. An employee who is laid off from the classification and who has previous service in an equal or lower classification shall have the right to bump the least senior employee in that classification with less seniority than the employee being laid off. Where the employee is eligible to bump into more than one (1) classification, the employee shall bump into the equal classification. If there are two (2) classifications which the employee is eligible to bump into, he/she shall, within three (3) days of notice, make a choice of the eligible classifications to bump into.
2. Seniority, for the purpose of determining bumping rights, shall include the total of the previous service in the equal or lower class being bumped into, plus service in the class from which layoff occurs and higher classes.
3. Once the least senior employee has been laid off, if the position that becomes vacant is fewer months than the position held by the employee whose position was eliminated, all remaining employees in the classification of layoff will be placed on separate seniority lists based on the number of months worked. The least senior person on the higher number of months list will bump into the vacant position. (This procedure will be repeated if there are more than two lists for number of months worked.)
4. A permanent or probationary employee who has been removed from his/her classification for lack of work or lack of funds and after exercising his/her bumping rights may accept a voluntary demotion to a vacant position in a lower class or placement in an equal class, provided that the employee is qualified to perform the duties thereof and provided further that the District approves such re-assignment. Such employee shall maintain his/her reemployment rights as defined in this Article.
a. No regular employee shall be laid off from a position while an employee, not in the classified service, is serving in a position in the same classification for a scheduled leave with at least one (1) more month duration as of the effective date of layoff, unless the regular employee declines such assignment.
Displacement (Bumping) Rights. 14.4.1 Unit members who are designated for a layoff may exercise displacement or bumping rights into any equal or lower classification which he or she currently holds or into a classification previously regularly held within the District, providing that they meet minimum qualifications and providing that the classification into which they are bumping is equal or lower than the classification from which the unit member is being laid off. A unit member possessing bumping rights need not exercise those rights; a unit member who elects a layoff in lieu of displacement or bumping maintains their reemployment rights under this Agreement. Unit members in positions which have been eliminated shall have the right to displace the least senior unit member in their classification.
14.4.2 A permanent or probationary unit member who has been removed from their classification for lack of work or lack of funds and after exercising their bumping rights may accept a voluntary demotion to a vacant position in a lower class or placement in an equal class, in lieu of layoff, provided that the unit member is qualified to perform the duties thereof and provided further that the District agrees to such reassignment. Such unit member shall maintain their reemployment rights as defined in this Agreement.
14.4.3 A unit member displaced from their classification as a result of being bumped shall have the same bumping rights as set forth in Section 14.4.1 hereinabove.
Displacement (Bumping) Rights. Employees who positions are abolished may, within five (5) working days after being notified that their position(s) are abolished, exercise their seniority to a position within the NCTD Facility Department that they are qualified for. Other employees affected by such exercise of seniority may, within five (5) working days after being notified that they will be displaced, exercise their seniority to a position within the NCTD Facility Department that they are qualified for. An employee exercising seniority under the provisions of this Rule to a position occupied by a junior employee must give notice to NCTD and the Union Representative prior to the termination of the preceding tour of duty of the position to which he/she is exercising seniority that they will take over the assignment at the start of the next tour of duty.
Displacement (Bumping) Rights. 9.4.1 An employee who is laid off from a classification and who has previous service in an equal or lower classification shall have the right to bump the least senior employee in that classification. Where the employee is eligible to bump into more than one classification, the employee shall bump in this order:
9.4.2 Seniority, for purposes of determining bumping rights, shall include the total of the previous service in the equal or lower classification being bumped into, plus service in the classification from which layoff occurs, and higher classifications.
9.4.3 A permanent or probationary employee who has been removed from his or her classification for lack of work or lack of funds and, after exercising his or her bumping rights, may accept a voluntary demotion to a vacant position in a classification with an equal or lower salary range, provided the employee meets the minimum qualifications of the position and provided further that the District approves such reassignment. Such employee shall maintain his or her reemployment rights as defined in this Article.
Displacement (Bumping) Rights. A permanent or probationary unit member who is laid off from a classification and who has previous service in an equal or lower class shall have the right to bump a unit member with less seniority in that class. Seniority shall include the total of the previous service in the equal or lower class plus service in the class from which layoff occurs and in higher classes.
Displacement (Bumping) Rights. 16 If an employee who is laid off has greater total continuous service in the class plus higher 17 classes than another employee in the same department in a class with the same or lower salary 18 allocation and in which he previously had permanent or probationary status, the employee with 19 the least total service shall be displaced by the senior employee and shall be laid off.
Displacement (Bumping) Rights. 30.6.1 An employee laid off in one classification, who previously gained permanence in an equal AND/OR a lower classification may move (bump) into that equal or lower classification if his/her seniority is greater than those employees presently serving in that classification. Where the employee is eligible to bump into more than one classification the employee shall bump in this order:
30.6.1.1 into an equal classification;
30.6.1.2 into the higher classification of those to which he/she is entitled; and
30.6.1.3 into a classification in which the employee has had the longest service.
30.6.2 A permanent or probationary employee who has been removed from his/her classification for lack of work or lack of funds and after exercising his/her bumping rights may accept a voluntary demotion to a vacant position in a lower class or placement in an equal class, in lieu of layoff, provided that the employee is qualified to perform the duties thereof and provided further that the District agrees to such reassignment. Such employee shall maintain his/her reemployment rights as defined in this Article.
30.6.3 An employee displaced from his/her classification as a result of being bumped shall have the same bumping rights as set forth in 30.6.1 above.
30.6.4 A displaced employee may accept layoff rather than exercising any of the other options.
30.6.5 The employee may exercise the right to retirement under the provisions of the Public Employee Retirement System (PERS) in lieu of layoff.
Displacement (Bumping) Rights. 14.6.1 An employee who is laid off from a classification and who has previously obtained permanency in an equal or lower classification shall have the right to bump the least senior employee in that classification provided that the laid off employee has greater seniority than the least senior employee in that classification.
14.6.2 Seniority for the purpose of determining bumping rights shall be determined by original date of hire and include the total of the previous service in the equal or lower class being bumped into, plus higher classes.
14.6.3 A permanent or probationary employee who has been removed from his/her classification for lack of work or lack of funds and after exercising his/her bumping rights may accept a voluntary demotion to a vacant position in a lower class or placement in an equal class, provided that the employee is qualified to perform the duties thereof and provided further that the District approved such reassignment. Such employee shall maintain his/her employment rights as defined in this Article.
