Common use of Displacement Rights Clause in Contracts

Displacement Rights. Regular classified employees in positions which have been eliminated or reduced in hours shall have the right to displace the least senior employee in their classification whose assignment most closely approximates their own hours per day and days per work year. If there is no least senior employee in the same classification employees may displace the least senior employee in the next lower classification in which they have served as either a probationary or permanent employee and have greater classification seniority than the least senior employees. In the event of an employee having the option of exercising their displacement rights, the following displacement procedure will clarify the language in 15.5 and be applied as the displacement procedure. The steps will be taken in numerical order. 15.5.1 An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same classification when compared with the employee’s current position. 15.5.2 If the previous option is unavailable, the employee shall be placed in a vacant position that has additional assigned time in the same classification when compared with the employee’s current position. 15.5.3 If the previous option is unavailable, the employee shall have the right to displace the least senior employee in the same classification whose assignment is equal in hours per day and days per work year. 15.5.4 If the previous option is unavailable, the employee shall have the right to displace the least senior of the less senior employees in their classification whose assignment most closely approximates the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours than the employee’s current position. If there are two positions in option 4 above, whose hours equally approximate the employee’s current position, one with more hours and one with less, the employee will have the right to the position held by the least senior employee regardless of the number of hours of the position. 15.5.5 If the previous option results in the elimination of the employee’s current Health and Welfare benefits, as an alternative, the employee shall also have the option of bumping into an equal or lower classification, which they previously held as a classified employee, for the purpose of non-elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or lower classification.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Displacement Rights. Regular classified employees 22.1.6.1 Unit members whose positions are eliminated maintain the right to displace other unit members with less seniority in the same classification. 22.1.6.2 In lieu of layoff, senior unit members have the right to bump a unit member with less seniority in a lower class or equal class in which the senior unit member has previously served, in paid status. No bumping is allowed if the senior unit member had not previously been granted regular status in the District. In the event that the classification for the previously served-in position has changed due to reclassification, the senior unit member has the right to bump into the changed classification provided the unit member meets the minimum qualifications as determined by the District, and consistent with Education Code. 22.1.6.3 The senior unit member exercising his/her bumping rights shall move into the position of the least senior unit member when there are no positions which have been eliminated vacant in the classification, provided the length of work day and work year are the same for both positions. If there is a vacant position in the classification, the displaced unit member shall move into the vacant position provided the length of work day and work year are the same for both positions. In the event the hours and work year of the vacant position, or reduced in the least senior unit member’s position, are less than the hours of the displaced unit member’s previous position, he/she shall have the right to displace bump the least senior employee unit member in their the equal or lower classification whose (in which paid service has been performed and regular assignment status has been achieved) which most closely nearly approximates their own the annual wages and benefits of the position in which the person currently serves, in order to maintain his/her hours per day and days per length of work year. The unit member shall retain the highest salary step earned in service to the District in either of these two positions. 22.1.6.4 Displacement rights must be exercised by the unit member within seven (7) calendar days of notice of layoff. 22.1.6.5 If there is no least senior employee two (2) unit members subject to layoff have equal seniority in a class the determination as to who will be laid off will be made on the basis of the earlier hire date in the same classification employees may displace the least senior employee in the next lower classification in which they have served as either a probationary or permanent employee and have greater classification seniority than the least senior employees. In the event of an employee having the option of exercising their displacement rightsDistrict; if that be equal, the following displacement procedure will clarify the language in 15.5 and be applied as the displacement procedure. The steps will be taken in numerical order. 15.5.1 An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same classification when compared with the employee’s current position. 15.5.2 If the previous option is unavailable, the employee determination shall be placed in a vacant position that has additional assigned time in the same classification when compared with the employee’s current positionmade by lot. 15.5.3 If the previous option is unavailable, the employee shall have the right to displace the least senior employee in the same classification whose assignment is equal in hours per day and days per work year. 15.5.4 If the previous option is unavailable, the employee shall have the right to displace the least senior of the less senior employees in their classification whose assignment most closely approximates the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours than the employee’s current position. If there are two positions in option 4 above, whose hours equally approximate the employee’s current position, one with more hours and one with less, the employee will have the right to the position held by the least senior employee regardless of the number of hours of the position. 15.5.5 If the previous option results in the elimination of the employee’s current Health and Welfare benefits, as an alternative, the employee shall also have the option of bumping into an equal or lower classification, which they previously held as a classified employee, for the purpose of non-elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or lower classification.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Displacement Rights. Regular classified (Bumping) - In order to provide the highest level of protection to employees with the greatest length of service with the District the procedure below will take into account the bumping employee’s FTE in positions this process. The District will offer an employee with displacement rights a position with the most similar level of salary, hours, and health benefits to what he or she earned prior to being displaced into another position based on the displacement rights outlined below in A through M. Therefore, the District will offer such an employee a FTE position, if one exists, which have been eliminated or reduced in hours shall have maintains their current level of salary and health benefits, even if this means not initially displacing the least senior employee. An employee who has received a notice of layoff may exercise his/her bumping rights as outlined below. An employee who has received a notice of layoff has the right not to participate in the bumping process and accept the layoff. A. An employee shall displace the employee with the least seniority within their job classification with the same FTE prior to layoff: B. If there is no less senior employee to displace within their job classification with the same FTE, an employee shall displace the employee with the least seniority at a lateral salary range within their job series with the same FTE prior to layoff; C. If there is no less senior employee to displace at a lateral salary range within their job series with the same FTE and the employee is qualified, an employee shall displace the employee with the least seniority at a lateral salary range within their job family with the same FTE prior to layoff. The Office of Human Resources will verify the employee’s current qualifications; D. If there is no less senior employee to displace at a lateral salary range within their job family with the same FTE, an employee shall displace the employee with the least seniority within their job classification with the highest FTE which maintains their level of health benefits prior to layoff; E. If there is no less senior employee to displace within their job classification with a FTE that maintains their level of health benefits prior to layoff, an employee shall displace the employee with the least seniority at a lateral salary range within their job series with the highest FTE that maintains their level of health benefits prior to layoff; F. If there is no less senior employee to displace within their job series at a lateral salary range with a FTE that maintains their level of health benefits prior to layoff and the employee is qualified, an employee shall displace the employee with the least seniority at a lateral salary range within their job family with the highest FTE that maintains their level of health benefits prior to layoff. The Office of Human Resources will verify the employee’s qualifications; G. If there is no less senior employee to displace within their job family at a lateral salary range with a FTE that maintains their level of health benefits prior to layoff and the employee is qualified, an employee shall displace the employee with the least seniority at a lower salary range (nearest to their salary range prior to layoff) within the job family with a FTE that maintains their level of health benefits prior to layoff. The Office of Human Resources will verify the employee’s qualifications; H. If there is no less senior employee to displace within their job family at a lower salary range with a FTE that maintains the employees level of health benefits prior to layoff, an employee shall displace the least senior employee within their job classification at the closest FTE prior to layoff (which may result in their classification whose assignment most closely approximates their own hours per day and days per work year. a reduction of health benefits); I. If there is no least less senior employee to displace within the job classification J. If there is no less senior employee to displace within the employee’s current job family and the employee has previously passed probation and still meets the current qualifications in a job classification within a different job family with a salary range which is lateral or lower than the same classification employees may employee’s salary range prior to layoff, an employee shall displace the least senior employee in the next lower previously held job classification in which they have served as either a probationary or permanent employee and have greater classification seniority than the least senior employees. In the event of an employee having the option of exercising their displacement rights, the following displacement procedure will clarify the language in 15.5 and be applied as the displacement procedure. The steps will be taken in numerical order. 15.5.1 An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same classification when compared with FTE prior to layoff; K. If there is no less senior employee to displace within the employee’s current position. 15.5.2 If previous job classification with the previous option is unavailablesame FTE, the employee shall be placed in a vacant position that has additional assigned time in the same classification when compared with the employee’s current position. 15.5.3 If the previous option is unavailable, the employee shall have the right to displace the least senior employee in the same classification whose assignment is equal in hours per day and days per work year. 15.5.4 If within the previous option job classification with the highest FTE which maintains their level of health benefits prior to layoff; L. If there is unavailableno less senior employee to displace within the employee’s previous job classification with a FTE that maintains their level of health benefits prior to layoff, the employee shall have the right to displace the least senior of the less senior employees in their classification whose assignment most closely approximates the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours than the employee’s current position. If there are two positions in option 4 above, whose hours equally approximate the employee’s current position, one with more hours and one with less, the employee will have the right to the position held by the least senior employee regardless of the number of hours of the position. 15.5.5 If within the previous option results job classification at the closest FTE prior to layoff (which may result in the elimination a reduction of the employee’s current Health and Welfare health benefits, as an alternative, the employee shall also .) M. The displacement process continues until all displacement rights have the option of bumping into an equal or lower classification, which they previously held as a classified employee, for the purpose of non-elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or lower classificationbeen exhausted.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Displacement Rights. Regular classified employees in positions which have been eliminated or reduced in hours shall have the right to displace the least senior employee in their classification whose assignment most closely approximates their own hours per day and days per work year. If there is no least senior employee in the same classification classification, employees may displace the least senior employee in the next lower classification in which they have served as either a probationary or permanent employee and have greater classification seniority than the least senior employees. In the event of an employee having the option of exercising their displacement rights, the following displacement procedure will clarify the language in 15.5 and be applied as the displacement procedure. The steps will be taken in numerical order. 15.5.1 An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same classification when compared with the employee’s current position. 15.5.2 If the previous option is unavailable, the employee shall be placed in a vacant position that has additional assigned time in the same classification when compared with the employee’s current position. 15.5.3 If the previous option is unavailable, the employee shall have the right to displace the least senior employee in the same classification whose assignment is equal in hours per day and days per work year. 15.5.4 If the previous option is unavailable, the employee shall have the right to displace the least senior of the less senior employees in their classification whose assignment most closely approximates the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours than the employee’s current position. If there are two positions in option 4 above, whose hours equally approximate the employee’s current position, one with more hours and one with less, the employee will have the right to the position held by the least senior employee regardless of the number of hours of the position. 15.5.5 If the previous option results in the elimination of the employee’s current Health and Welfare benefits, as an alternative, the employee shall also have the option of bumping into an equal or lower classification, which they previously held as a classified employee, for the purpose of non-non- elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or lower classification.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Displacement Rights. Regular classified employees 22.1.6.1 Unit members whose positions are eliminated maintain the right to displace other unit members with less seniority in the same classification. 22.1.6.2 In lieu of layoff, senior unit members have the right to bump a unit member with less seniority in a lower class or equal class in which the senior unit member has previously served, in paid status. No bumping is allowed if the senior unit member had not previously been granted regular status in the District. In the event that the classification for the previously served-in position has changed due to reclassification, the senior unit member has the right to bump into the changed classification provided the unit member meets the minimum qualifications as determined by the District, and consistent with Education Code. 22.1.6.3 The senior unit member exercising his/her bumping rights shall move into the position of the least senior unit member when there are no positions which have been eliminated vacant in the classification, provided the length of work day and work year are the same for both positions. If there is a vacant position in the classification, the displaced unit member shall move into the vacant position provided the length of work day and work year are the same for both positions. In the event the hours and work year of the vacant position, or reduced in the least senior unit member’s position, are less than the hours of the displaced unit member’s previous position, he/she shall have the right to displace bump the least senior employee unit member in their the equal or lower classification whose (in which paid service has been performed and regular assignment status has been achieved) which most closely nearly approximates their own the annual wages and benefits of the position in which the person currently serves, in order to maintain his/her hours per day and days per length of work year. The unit member shall retain the highest salary step earned in service to the District in either of these two positions. 22.1.6.4 Displacement rights must be exercised by the unit member within seven 22.1.6.5 If there is no least senior employee two (2) unit members subject to layoff have equal seniority in a class the determination as to who will be laid off will be made on the basis of the earlier hire date in the same classification employees may displace the least senior employee in the next lower classification in which they have served as either a probationary or permanent employee and have greater classification seniority than the least senior employees. In the event of an employee having the option of exercising their displacement rightsDistrict; if that be equal, the following displacement procedure will clarify the language in 15.5 and be applied as the displacement procedure. The steps will be taken in numerical order. 15.5.1 An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same classification when compared with the employee’s current position. 15.5.2 If the previous option is unavailable, the employee determination shall be placed in a vacant position that has additional assigned time in the same classification when compared with the employee’s current positionmade by lot. 15.5.3 If the previous option is unavailable, the employee shall have the right to displace the least senior employee in the same classification whose assignment is equal in hours per day and days per work year. 15.5.4 If the previous option is unavailable, the employee shall have the right to displace the least senior of the less senior employees in their classification whose assignment most closely approximates the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours than the employee’s current position. If there are two positions in option 4 above, whose hours equally approximate the employee’s current position, one with more hours and one with less, the employee will have the right to the position held by the least senior employee regardless of the number of hours of the position. 15.5.5 If the previous option results in the elimination of the employee’s current Health and Welfare benefits, as an alternative, the employee shall also have the option of bumping into an equal or lower classification, which they previously held as a classified employee, for the purpose of non-elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or lower classification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Displacement Rights. Regular classified employees in positions which have been 1. The use of displacement rights will be applicable under the following conditions: a. An employee’s job is eliminated or reduced if a job is eliminated in hours a multi-man classification, the senior employee would have a choice whether to stay on the job or take displacement rights. b. An employee’s job classification changes as a result of the addition or removal of equipment. c. If an employee is displaced by a more senior qualified employee. d. An employee shall have up to one (1) hour to use displacement rights. e. If an employee has not completed his/her probationary period, he/she shall not be allowed displacement rights at any time. Time off on an approved leave will not count as time worked in calculating the right probationary period. f. If an employee, with seniority, has received notice of layoff, he/she shall not have displacement rights or job bids for the seven (7) consecutive days ending with the last day worked prior to displace their layoff. g. If an employee uses his displacement rights in a work cell or a multi-man classification, the least senior employee in that classification will be displaced. h. Whenever two or more jobs held by individual employees are to be combined, the most senior employee shall be given his choice to accept such combination job or be given his displacement rights. According to the choice the most senior employee makes, the least senior employee must exercise displacement rights or accept the combination job. If more than two employees are involved, the most senior employee will have their choice of acceptance of the combination or displacement rights. In situations such as above, the Company may hold the employee to give instructions. 2. Employees may use displacement rights as outlined below. a. An employee on displacement rights must have access to a listing of current job assignments. If access is not immediately available, he will be placed in the labor pool and displacement postponed until access is available. b. Employees may use displacement rights on any job except those in restricted classifications listed in this article, unless he/she has previously held the restricted classification whose assignment most closely approximates their own and only requires forty consecutive (40) hours per familiarization training. Once an employee completes his/her displacement on a restricted job, he/she will remain on that job for a minimum of twelve (12) months, barring paragraph 1(a-h) from above. 423 424 425 426 427 428 429 430 431 432 433 434 435 c. If an employee wishes to exercise displacement rights on another shift, he/she will be placed in the labor pool for the remainder of his/her present shift and will report to work on the following day on the designated shift and days per work yearcomplete his displacement. If there is no least senior employee one for him/her to displace, he/she will be placed in the same classification employees may displace the least senior employee in the next lower classification in which they have served as either a probationary or permanent employee labor pool and have greater classification seniority than the least senior employeesassigned an open job. In the event of an there are no open jobs, he/she may bid on posted jobs. If the employee having the option of exercising their displacement rightsdoes not have a bid, the following displacement procedure company will clarify the language in 15.5 provide one (1) bid and be applied as the displacement procedure. The steps his/her bid cycle will be taken in numerical orderre-set to the date he/she has been awarded such job. 15.5.1 An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same classification when compared with d. When displaced, the employee’s current positionsupervisor will provide the “displacement rights” card to the employee no later than 30 working days after displacement, or once he/she has provided all required training to the employee who displaced him/her, as long as the training is continuous (barring machine breakdown, attendance, and business needs such as a line shutdown or missing deliveries). 15.5.2 If the previous option is unavailable, the employee shall be placed in a vacant position that has additional assigned time in the same classification e. Seniority will prevail when compared with the employee’s current positionqualifications are equal. 15.5.3 If f. An employee may not use displacement rights on a job while it is posted on the previous option is unavailable, bulletin board for bidding or claim back purposes nor may displacement rights be used on such job within 24 hours of its removal from the employee shall have the right to displace the least senior employee in the same classification whose assignment is equal in hours per day and days per work yearbulletin board. 15.5.4 g. If the previous option is unavailable, the an employee shall have the right fails to displace the least senior of the less senior employees in their classification whose assignment most closely approximates the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours than the employee’s current position. If there are two positions in option 4 above, whose hours equally approximate the employee’s current position, one with more hours and one with less, the employee will have the right to the position held by the least senior employee regardless of the number of hours of the position. 15.5.5 If the previous option results in the elimination of the employee’s current Health and Welfare benefits, generate normal production as an alternative, the employee shall also have the option of bumping into an equal or lower classification, which they previously held as a classified employee, for the purpose of non-elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or lower classificationagreement during a five (5) day work period following the use of displacement rights on a restricted job, he will be disqualified.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Displacement Rights. Regular classified 11.3.1 Employees whose positions are eliminated, and there is no vacant position available, maintain the right to displace other employees in positions the class with less seniority. 11.3.2 If an employee is offered a vacant position in the same class having equal or greater hours, similar shift, and no additional travel, then that employee will not have displacement rights to another position. 11.3.3 Any employee receiving a layoff notice, and who is not offered an equal or greater number of hours, shall have the following options: 11.3.3.1 Accept layoff, or 11.3.3.2 Transfer to a position with same or greater hours which have been eliminated or reduced is held by a less senior employee, or 11.3.3.3 Accept a reduction in hours in order to remain at current site, or 11.3.3.4 Elect retirement, or 11.3.3.5 Accept an assignment which requires travel between two sites or more provided that assigned hours do not conflict or overlap, or 11.3.3.6 An employee who is being laid-off may accept an assignment in another position with less assigned time than the position from which he/she is being laid-off. 11.3.4 A senior employee has the right to elect layoff, or bump the least senior employee in a lower or equal class in which the first employee has previously served and achieved permanency. Seniority, for the purpose of bumping, is the earlier of the following: date of hire in the classification from which the unit member is laid-off; date of hire in higher classifications; or date of hire in the classification into which an employee is bumping. No bumping is allowed if the senior employee had not been previously granted permanent status in the lower class. Employees may not displace another employee unless qualified for the particular position. 11.3.4.1 Laid-off employees shall, with District approval, also have the right to bump the least senior employee serving in the lower classification which has duties that are included or encompassed in the duties designated in the laid-off employee’s job description. For example, a Secretary II would have bumping rights to be reassigned as a Secretary I, even though the employee has not served in the Secretary I position. The District reserves the right to determine that those duties and responsibilities of the lower position are like duties to that position from which the employee is being laid off. 11.3.5 For Instructional Assistants hired prior to July 1, 1997, an Instructional Assistant/General may displace, if qualified, a junior less senior employee in the Instructional Assistant/Specialist classification who was reclassified after ratification of this agreement based on their original dates of hire as Instructional Assistants in the District. Qualified means the Instructional Assistant/General can perform the skills required for the Instructional Assistant/Specialist position. 11.3.6 An employee who is laid-off from a classification, who has previous service in a lower or equal classification and who has achieved permanency in such position, shall have the right to displace an employee selected by the District. The employee displaced must have less seniority. 11.3.7 Notwithstanding sections 11.3.4 and 11.3.6, an Instructional Assistant/General or Specialist hired after July 1, 1997 has the right to elect layoff or to bump the least senior employee in their classification whose assignment most closely approximates respective classifications. 11.3.8 In order to displace, an employee receiving a layoff notice must notify the District Human Resources Department within eight (8) calendar days of the posting date of the layoff notice of their own hours per day and days per work year. If there is no least senior interest in exercising displacement rights. 11.3.9 An employee in subject to layoff or demotion due to District reorganization shall maintain the same classification employees may displace the least senior employee in the next lower classification in which they have served rights as either a probationary or permanent employee and have greater classification seniority than the least senior employees. In the event of an employee having the option of exercising their displacement rights, the following displacement procedure will clarify the language in 15.5 and be applied as the displacement procedure. The steps will be taken in numerical order. 15.5.1 An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same classification when compared with the employee’s current position. 15.5.2 If the previous option is unavailable, the employee shall be placed in a vacant position that has additional assigned time in the same classification when compared with the employee’s current position. 15.5.3 If the previous option is unavailable, the employee shall have the right to displace the least senior employee in the same classification whose assignment is equal in hours per day and days per work year. 15.5.4 If the previous option is unavailable, the employee shall have the right to displace the least senior of the less senior employees in their classification whose assignment most closely approximates the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours than the employee’s current position. If there are two positions in option 4 above, whose hours equally approximate the employee’s current position, one with more hours and one with less, the employee will have the right to the position held by the least senior employee regardless of the number of hours of the position. 15.5.5 If the previous option results in the elimination of the employee’s current Health and Welfare benefits, as an alternative, the employee shall also have the option of bumping into an equal or lower classification, which they previously held as a classified employee, for the purpose of non-elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or lower classificationArticle.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Displacement Rights. Regular classified employees 22.1.6.1 Unit members whose positions are eliminated maintain the right to displace other unit members with less seniority in the same classification. 22.1.6.2 In lieu of layoff, senior unit members have the right to bump a unit member with less seniority in a lower class or equal class in which the senior unit member has previously served, in paid status. No bumping is allowed if the senior unit member had not previously been granted regular status in the District. In the event that the classification for the previously served-in position has changed due to reclassification, the senior unit member has the right to bump into the changed classification provided the unit member meets the minimum qualifications as determined by the District, and consistent with Education Code. 22.1.6.3 The senior unit member exercising their bumping rights shall move into the position of the least senior unit member when there are no positions which have been eliminated vacant in the classification, provided the length of work day and work year are the same for both positions. If there is a vacant position in the classification, the displaced unit member shall move into the vacant position provided the length of work day and work year are the same for both positions. In the event the hours and work year of the vacant position, or reduced in the least senior unit member’s position, are less than the hours of the displaced unit member’s previous position, they shall have the right to displace bump the least senior employee unit member in the equal or lower classification (in which paid service has been performed and regular assignment status has been achieved) which most nearly approximates the annual wages and benefits of the position in which the person currently serves, in order to maintain their classification whose assignment most closely approximates their own hours per day and days per length of work year. The unit member shall retain the highest salary step earned in service to the District in either of these two positions. 22.1.6.4 Displacement rights must be exercised by the unit member within seven 22.1.6.5 If there is no least senior employee two (2) unit members subject to layoff have equal seniority in a class the determination as to who will be laid off will be made on the basis of the earlier hire date in the same classification employees may displace the least senior employee in the next lower classification in which they have served as either a probationary or permanent employee and have greater classification seniority than the least senior employees. In the event of an employee having the option of exercising their displacement rightsDistrict; if that be equal, the following displacement procedure will clarify the language in 15.5 and be applied as the displacement procedure. The steps will be taken in numerical order. 15.5.1 An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same classification when compared with the employee’s current position. 15.5.2 If the previous option is unavailable, the employee determination shall be placed in a vacant position that has additional assigned time in the same classification when compared with the employee’s current positionmade by lot. 15.5.3 If the previous option is unavailable, the employee shall have the right to displace the least senior employee in the same classification whose assignment is equal in hours per day and days per work year. 15.5.4 If the previous option is unavailable, the employee shall have the right to displace the least senior of the less senior employees in their classification whose assignment most closely approximates the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours than the employee’s current position. If there are two positions in option 4 above, whose hours equally approximate the employee’s current position, one with more hours and one with less, the employee will have the right to the position held by the least senior employee regardless of the number of hours of the position. 15.5.5 If the previous option results in the elimination of the employee’s current Health and Welfare benefits, as an alternative, the employee shall also have the option of bumping into an equal or lower classification, which they previously held as a classified employee, for the purpose of non-elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or lower classification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Displacement Rights. Regular classified employees in positions (a) An affected employee shall: (1) Transfer to an equally or higher rated open job classification if available, for which have been eliminated or reduced in hours shall have the right qualified to displace considering their Company employment record, or; the employee may select a higher rated job classification under B.2.(a)(2) or B.2.(a)(3) below: (2) Displace the least senior employee in their classification whose assignment most closely approximates their own hours per day and days per work year. If there is no least senior employee in the same classification employees may displace present or any previously held job classification, or; (3) Displace the least senior employee in on the next lower highest rated job classification for which qualified considering their company employment record, provided that classification is higher than the classification in which they B.2.(a)(2) including the below stipulations: (a) An employee previously holding a P19 or above, R18 or above shall have served future displacement/recall rights to the P18 Prototype Assembly classification, if impacted as either a probationary or permanent result of lack of work, seniority permitting. 1. Any employee and have greater classification seniority than the least senior employees. In the event of an employee having the option of exercising their displacement rights, the following displacement procedure will clarify the language in 15.5 and be applied as the displacement procedure. The steps bumping rights using clause (a) will be taken in numerical order. 15.5.1 An employee whose position is eliminated or reduced shall first be placed in subject to a vacant position with an equal assignment in the same classification when compared with the employee’s current position. 15.5.2 60 day evaluation and review. If the previous option is unavailableemployee does not satisfactorily meet the performance standards of the position by the end of the 60 day time period, the employee will be removed from the position and follow the normal displacement rights clauses. Removal of the employee from the position is subject to normal grievance procedures as outlined in the current collective bargaining agreement. (b) Future displacement/recall rights of the new P19 through P25 shall be placed in a vacant determined based on current Article X Contract language. Future displacement/recall rights, on these P19 through P25 classifications, by employees that have held only "R" and/or "G" classifications, shall be determined based on current Article X Contract language (c) Future displacement/recall rights to the new R16 Shipper/Receiving classification and G06 classification (or any Rated or Graded classification that is lower) shall be granted to all members who have such rights now to the R16 Assembly/Operator position and/or G06 (d) The above stipulations shall apply also to members currently on recall and members that has additional assigned time are lack of worked in the same classification when compared with future and end up on internal or external recall lists, which the employee’s current position.Company will maintain going forward 15.5.3 If the previous option is unavailable1. Any hourly employee moving on an Article X Lack of Work, the employee shall have the right who has no displacement rights to “R” or “P” positions, may opt to displace the least senior G06 seniority permitting. Any salaried employee in the same classification whose assignment is equal in hours per day and days per work year. 15.5.4 If the previous option is unavailablemoving on an Article X Lack of Work, the employee shall have the right who has no displacement rights to “G” positions, may opt to displace the least senior R16 seniority permitting. (b) Employees exercising displacement rights to a classification more than two steps/grades lower than the highest rated job classification from which they were impacted by a reduction in forces within the prior twelve (12) months may choose between work offered and layoff for lack of suitable work. (c) Employees exercising displacement rights may displace employees on the less senior employees new job in their classification whose assignment most closely approximates on the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours shift they prefer if they have greater seniority than the employee’s current positionpresently in the unit code. If there are two positions in option 4 above, whose hours equally approximate This does not apply to employees being recalled to a previous job. The Company and the employee’s current position, one with more hours and one with less, Union will not recognize any shift preference grievance if the employee will have the right to the position held by the least senior employee regardless of the number of hours of the positionhas not filed a grievance within thirty (30) days. 15.5.5 If (d) Where an employee exercising displacement rights in accordance with Section B.2.(a) of this Article is afforded a choice, this decision must be made at the previous option results in the elimination start of the employee’s current Health next work shift. (e) At the time of layoff employees will be required to complete the recall form and Welfare benefitswill be recalled by seniority and in accordance with the election made on such form. (f) Employees with permanent medical limitations, as determined by the Company physician, will exercise their displacement rights to a suitable job classification under the steps of this Article as if in a reduction in force. (g) In the event the Company accepts responsibility for an alternativeimproper transfer, layoff, or recall it shall be reconstructed promptly. The Company’s financial liability for any improper transfer will be limited to making the employee whole for the period beginning three (3) weeks following the improper transfer and continuing for four (4) months. If an alleged improper transfer is grieved under Article XIII within ninety (90) days following such transfer and final settlement is in favor of the Union, the employee shall also have Company’s financial liability will begin three (3) weeks following the option transfer or from the date of bumping into an equal or lower classification, which they previously held as a classified employee, for grievance whichever is earlier and will continue to the purpose date of non-elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or lower classificationsettlement.

Appears in 1 contract

Samples: Labor Agreement

Displacement Rights. Regular classified employees 8.4.1 An employee may displace any other employee in positions a lower classification which they previously occupied if they have been eliminated more service seniority. For a job classification lower than that in which the employee holds regular status, seniority shall be calculated by adding: (1) classification seniority in higher classifications; (2) classification seniority in the job classification in which the employee previously worked, and (3) present time spent in the job classification in which the employee is currently working. 8.4.2 Employees who are designated for layoff or reduced displacement may elect, in hours shall have the right lieu of layoff or displacement, to be reassigned to a position in a lower classification. In order to displace an employee with less classification seniority, the least senior employee noticed for layoff must have held regular status in the classification into which he/she is being reassigned. An employee who chooses to exercise their displacement rights must accept the salary, hours and working conditions of their new position. An employee will be allowed only one displacement. 8.4.3 An employee who exercises their displacement rights shall be paid in the new job classification whose assignment most closely approximates their own hours per day and days per work year. If the salary range step closest to the salary range step received immediately prior to displacement, providing there is no least senior increase in salary. If the salary range step in the lower job classification is Step 5 or lower, future salary step adjustment opportunities shall be made in accordance with the Town's Personnel Rules. Time served in the job classification from which the displacement occurred shall count toward the interval required for consideration of salary step advancement. 8.4.4 If an employee with regular status is unable to displace an employee in a lower job classification in which he/she held a regular status, he/she shall be laid-off. 8.4.5 An employee may request layoff in lieu of the opportunity to displace by notifying the Human Resources Department in writing or email within ten (10) business days after receiving the Town’s certified mailing of notice of layoff. If an employee requests layoff in lieu of displacement, he/she shall forfeit all recall rights except to a vacancy in the same classification employees may displace from which the least senior employee in the next lower classification in which they have served as either a probationary or permanent employee and have greater classification seniority than the least senior employeeswas laid-off. In the event of an employee having the option of exercising their displacement rights, the following displacement procedure will clarify the language in 15.5 and be applied as the displacement procedure. The steps will be taken in numerical order. 15.5.1 An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same classification when compared with the employee’s current position. 15.5.2 If the previous option is unavailablethis case, the employee shall be placed in entitled to recall rights for a vacant position that has additional assigned time in period of one (1) year from the same classification when compared with effective date of the employee’s current positionlayoff. 15.5.3 If the 8.4.6 A probationary employee who held regular status in his/her previous option position, and is unavailableaffected by a layoff or is displaced by an employee exercising his/her displacement rights, the employee shall have the right return to displace the least senior employee in the same his/her former job classification whose assignment is equal in hours per day and days per work year. 15.5.4 If the previous option is unavailable, the employee shall have the right to displace the least senior of the less senior employees in their classification whose assignment most closely approximates the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours than the employee’s current positionwhere he/she held regular status. If there are two positions a probationary employee does not have regular status in option 4 aboveanother job classification or has regular status in another job classification which no longer exists, whose hours equally approximate the employee’s current position, one with more hours and one with less, the employee he/she will have the be laid-off without any right to the position held by the least senior employee regardless of the number of hours of the positionrecall. 15.5.5 If the previous option results in the elimination of the employee’s current Health and Welfare benefits, as an alternative, the employee shall also have the option of bumping into an equal or lower classification, which they previously held as a classified employee, for the purpose of non-elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or lower classification.

Appears in 1 contract

Samples: Memorandum of Understanding

Displacement Rights. Regular classified employees in positions which have been eliminated or reduced in hours shall have the right to displace the least senior employee in their classification whose assignment most closely approximates their own hours per day and days per work year. If there is no least senior employee in the same classification employees may displace the least senior employee in the next lower classification in which they have served as either a probationary or permanent employee and have greater classification seniority than the least senior employees. In the event of an employee having the option of exercising their displacement rights, the following displacement procedure will clarify the language in 15.5 and be applied as the displacement procedure. The steps will be taken in numerical order. 15.5.1 1. An employee whose position is eliminated or reduced shall first be placed in a vacant position with an equal assignment in the same classification when compared with the employee’s current position. 15.5.2 2. If the previous option is unavailable, the employee shall be placed in a vacant position that has additional assigned time in the same classification when compared with the employee’s current position. 15.5.3 3. If the previous option is unavailable, the employee shall have the right to displace the least senior employee in the same classification whose assignment is equal in hours per day and days per work year. 15.5.4 4. If the previous option is unavailable, the employee shall have the right to displace the least senior of the less senior employees in their classification whose assignment most closely approximates the employee’s own hours per day and days per work year. This assignment may hold more hours or fewer hours than the employee’s current position. If there are two positions in option 4 above, whose hours equally approximate the employee’s current position, one with more hours and one with less, the employee will have the right to the position held by the least senior employee regardless of the number of hours of the position. 15.5.5 5. If the previous option results in the elimination of the employee’s current Health and Welfare benefits, as an alternative, the employee shall also have the option of bumping into an equal or lower classification, which they previously held as a classified employee, for the purpose of non-elimination of Health and Welfare benefits. The employee will repeat the sequence of options 1-4, outlined in this rule for equal or lower classification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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