Common use of Displacement (Bumping) Rights Clause in Contracts

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. 1. An A. The most senior employee in a class whose position has been eliminated shall be allowed to displace (bump) the least senior employee within the same class who is laid off from assigned the classification same number of hours per day and who has previous service in an equal or lower classification shall have months per year as the right to affected employee. If no position exists with the same number of daily assigned hours and months per year as the affected employee, he/she may then bump the least senior employee in that classification with less seniority than having the next closest number of hours and months within the class. An employee being laid off. Where bumping into a lesser work schedule shall be placed on a reemployment list for his/her former work schedule for a period of sixty- three (63) months. B. If the position the employee is eligible presently serving in is abolished and there is no position of the same classification held by another employee less senior, the affected employee may displace the least senior employee in a lower class in which the affected employee formerly served. For purposes of calculating total seniority, seniority is based upon date of hire within the District. Any employee displaced from the position to which they are assigned on account of the exercise of displacement rights described herein, shall have the same rights to displace a least senior employee under the same auspices. If no such position exists, the affected employee may bump into more than one the less senior employee in the same manner. Should an affected employee not be able to displace a less senior employee in a class or lower class served, the employee will be laid off. C. An employee may not bump any employee assigned a higher work schedule. D. An employee who has no bumping rights or who waives the opportunity to exercise bumping rights will be laid off and will be placed on a reemployment list for his/her former classification for a period of thirty- nine (139) classificationmonths. E. An employee required to be laid off may be assigned, as determined by administrative authority, to a position or elect demotion to a lower classification in which he/she has not served, provided that there is a vacant position in the lower classification and that he/she can meet the minimum qualifications for the position as specified in the job description as determined by the responsible administrator. Such assignment will not be made on the basis of previous length of service, but if so assigned, credit for salary schedule placement will be made on basis of all prior service. In the event of future layoffs within the new class of assignment, 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 retain his/her classification for lack original date of work or lack of funds and after exercising his/her bumping rights may accept a voluntary demotion hire. Assignment to a vacant position vacancy in a lower class or placement in an equal another class, provided that under this Section, in no manner voids 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 employee’s layoff rights as defined in under other sections of this Article. a. No regular F. Any employee demoted pursuant to this Article shall receive the maximum of the salary range in the class to which he/she is demoted provided that such salary is not greater than the salary he/she received in the higher classification at the time of demotion. G. In all cases where employees accept demotion in lieu of layoff or bumping rights, their names shall be laid off placed on a sixty-three (63) month reemployment list for the classifications 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 assignmentwhich they were demoted.

Displacement (Bumping) Rights. 1. An A. The most senior employee in a class whose position has been eliminated shall be allowed to displace (bump) the least senior employee within the same class who is laid off from assigned the classification same number of hours per day and who has previous service in an equal or lower classification shall have months per year as the right to affected employee. If no position exists with the same number of daily assigned hours and months per year as the affected employee, he/she may then bump the least senior employee in that classification with less seniority than having the next closest number of hours and months within the class. An employee being laid off. Where bumping into a lesser work schedule shall be placed on a reemployment list for his/her former work schedule for a period of sixty-three (63) months. B. If the position the employee is eligible presently serving in is abolished and there is no position of the same classification held by another employee less senior, the affected employee may displace the least senior employee in a lower class in which the affected employee formerly served. For purposes of calculating total seniority, seniority is based upon date of hire within the District. Any employee displaced from the position to which they are assigned on account of the exercise of displacement rights described herein, shall have the same rights to displace a least senior employee under the same auspices. If no such position exists, the affected employee may bump into more than one the less senior employee in the same manner. Should an affected employee not be able to displace a less senior employee in a class or lower class served, the employee will be laid off. C. An employee may not bump any employee assigned a higher work schedule D. An employee who has no bumping rights or who waives the opportunity to exercise bumping rights will be laid off and will be placed on a reemployment list for his/her former classification for a period of thirty-nine (139) classificationmonths. E. An employee required to be laid off may be assigned, as determined by administrative authority, to a position or elect demotion to a lower classification in which he/she has not served, provided that there is a vacant position in the lower classification and that he/she can meet the minimum qualifications for the position as specified in the job description as determined by the responsible administrator. Such assignment will not be made on the basis of previous length of service, but if so assigned, credit for salary schedule placement will be made on basis of all prior service. In the event of future layoffs within the new class of assignment, 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 retain his/her classification for lack original date of work or lack of funds and after exercising his/her bumping rights may accept a voluntary demotion hire. Assignment to a vacant position vacancy in a lower class or placement in an equal another class, provided that under this Section, in no manner voids 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 employee’s layoff rights as defined in under other sections of this Article. a. No regular F. Any employee demoted pursuant to this Article shall receive the maximum of the salary range in the class to which he/she is demoted provided that such salary is not greater than the salary he/she received in the higher classification at the time of demotion. G. In all cases where employees accept demotion in lieu of layoff or bumping rights, their names shall be laid off placed on a sixty-three (63) month reemployment list for the classifications 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 assignmentwhich they were demoted.

Displacement (Bumping) Rights. 1. An A. The most senior employee in a class whose position has been eliminated shall be allowed to displace (bump) the least senior employee within the same class who is laid off from assigned the classification same number of hours per day and who has previous service in an equal or lower classification shall have months per year as the right to affected employee. If no position exists with the same number of daily assigned hours and months per year as the affected employee, he/she may then bump the least senior employee in that classification with less seniority than having the next closest number of hours and months within the class. An employee being laid off. Where bumping into a lesser work schedule shall be placed on a reemployment list for his/her former work schedule for a period of sixty-three (63) months. B. If the position the employee is eligible presently serving in is abolished and there is no position of the same classification held by another employee less senior, the affected employee may displace the least senior employee in a lower class in which the affected employee formerly served. For purposes of calculating total seniority, seniority is based upon date of hire within the District. Any employee displaced from the position to which they are assigned on account of the exercise of displacement rights described herein, shall have the same rights to displace a least senior employee under the same auspices. If no such position exists, the affected employee may bump into more than one the less senior employee in the same manner. Should an affected employee not be able to displace a less senior employee in a class or lower class served, the employee will be laid off. C. An employee may not bump any employee assigned a higher work schedule D. An employee who has no bumping rights or who waives the opportunity to exercise bumping rights will be laid off and will be placed on a reemployment list for his/her former classification for a period of thirty- nine (139) classificationmonths. E. An employee required to be laid off may be assigned, as determined by administrative authority, to a position or elect demotion to a lower classification in which he/she has not served, provided that there is a vacant position in the lower classification and that he/she can meet the minimum qualifications for the position as specified in the job description as determined by the responsible administrator. Such assignment will not be made on the basis of previous length of service, but if so assigned, credit for salary schedule placement will be made on basis of all prior service. In the event of future layoffs within the new class of assignment, 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 retain his/her classification for lack original date of work or lack of funds and after exercising his/her bumping rights may accept a voluntary demotion hire. Assignment to a vacant position vacancy in a lower class or placement in an equal another class, provided that under this Section, in no manner voids 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 employee’s layoff rights as defined in under other sections of this Article. a. No regular F. Any employee demoted pursuant to this Article shall receive the maximum of the salary range in the class to which he/she is demoted provided that such salary is not greater than the salary he/she received in the higher classification at the time of demotion. G. In all cases where employees accept demotion in lieu of layoff or bumping rights, their names shall be laid off placed on a sixty-three (63) month reemployment list for the classifications 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 assignmentwhich they were demoted.