Common use of Displacement Clause in Contracts

Displacement. 1. Except as stated in items 3 of this section below, an employee whose position has been eliminated shall be permitted, in total seniority order within the respective job classification, to transfer to a lateral or lower classification within the employee's department. This transfer shall occur only when a position in such classification is either vacant or occupied by another employee with less total seniority as calculated from their present date of hire. On taking a lower classification, the employee shall be paid at the highest rate of the lower classification which is not greater than the rate earned prior to the displacement. 2. In such instances as outlined in subsection 1 immediately above, employees must meet the minimum qualifications of the newly assigned position. 3. Employees displaced from a job because the positions have been deleted or replaced by higher classified employees with more seniority, shall be eligible to transfer to the same or lower title in another department, where the employees last served prior to their current assignment, if: a. they served in that title and in that department where a vacancy or employees with lesser seniority exist, and b. the Department Executive of the department to which the transfer is to be made approves such transfer if said department is any of the following: City Council, City Manager, City Attorney, or Management Services Department. 4. Employees who are reduced in classification shall be returned to their previous higher classification and department when vacancies occur within a three-year period of the reduction. Such return will not require qualifying through testing or placement on an employment list. Where the return involves returning to probationary status within six (6) months following demotion, the time spent in probationary status before the demotion occurred shall be applied toward permanent status. 5. Employees in a provisional status in a higher classification shall be returned to their permanent classification prior to layoff in order to determine their availability for displacement or reassignment. 6. Where three (3) or more employees exist in a classification within a department, the department shall not be required to lose more than fifty

Displacement. 1. Except as stated in items 3 2 and 5 of this section below, an employee whose position has been eliminated shall be permitted, in total seniority order within the respective job classification, to transfer to a lateral or lower classification within the employee's ’s department. This transfer shall occur only when a position in such classification is either vacant or occupied by another employee with less total seniority as calculated from their present date of hire. On taking a lower classification, the employee shall be paid at the highest rate of the lower classification which that is not greater than the rate earned prior to the displacement. 2. In such instances as outlined in subsection Subsection 1 immediately above, employees must meet the minimum qualifications of the newly assigned position. 3. Employees Additionally, an employee must be medically fit to perform the duties of the newly assigned position. However, where an employee can reasonably fill a position in spite of age or a previously acknowledged preexisting medical condition, this subsection (3) shall be waived. 4. An employee displaced from a job because the positions have position has been deleted or replaced by a higher classified employees employee with more seniority, shall be eligible to transfer to the same or lower title in another department, where the employees employee last served prior to their his or her current assignment, if: a. they A. He or she served in that title and in that department where a vacancy or employees employee with lesser seniority existexists, and b. the Department Executive B. The department manager of the department to which the transfer is to be made approves such transfer if said department is any of the following: City Council, City Manager, City Attorney, or and Management Services Department. 45. Employees An employee who are is reduced in classification shall be returned to their his or her previous higher classification and department when vacancies occur a vacancy occurs within a three-year period of the reduction. Such return will not require qualifying through testing or placement on an employment list. Where the return involves returning to probationary status within six (6) months following demotion, the time spent in probationary status before the demotion occurred shall be applied toward permanent status. 56. Employees An employee in a provisional status in a higher classification shall be returned to their his or her permanent classification prior to layoff in order to determine their his or her availability for displacement or reassignment. 67. Where three (3) or more employees exist in a classification within a department, the department shall not be required to lose more than fiftyfifty (50) percent of its employees in any given classification through displacement by higher classified, longer seniority employees. 8. An employee with greater seniority than other employees in the same classification and department may request voluntary transfer or demotion to another position under the provisions of Article X, Section B. 9. A part-time employee may displace another part-time employee only under the provisions that apply to full-time employees. 10. A full-time employee may displace a part-time employee with lesser seniority only if the latter is in a position budgeted for thirty (30) hours per week or more. 11. An employee designated by the City as a manager may or may not be reduced to a lower classification which would result in the employee having to work for another employee whom he or she formerly supervised when in a management position. 12. As used in this Article, “higher classification” or similar phrases are synonymous and interchangeable.

Displacement. 1. Except as stated in items 3 of this section below, an employee whose position has been eliminated shall be permitted, in total seniority order within the respective job classification, to transfer to a lateral or lower classification within the employee's department. This transfer shall occur only when a position in such classification is either vacant or occupied by another employee with less total seniority as calculated from their present date of hire. On taking a lower classification, the employee shall be paid at the highest rate of the lower classification which is not greater than the rate earned prior to the displacement. 2. In such instances as outlined in subsection 1 immediately above, employees must meet the minimum qualifications of the newly assigned position. 3. Employees displaced from a job because the positions have been deleted or replaced by higher classified employees with more seniority, shall be eligible to transfer to the same or lower title in another department, where the employees last served prior to their current assignment, if: a. A. they served in that title and in that department where a vacancy or employees with lesser seniority exist, and b. X. the Department Executive department manager of the department to which the transfer is to be made approves such transfer if said department is any of the following: City Council, City Manager, City Attorney, or Management Services Department. 4. Employees who are reduced in classification shall be returned to their previous higher classification and department when vacancies occur within a three-year period of the reduction. Such return will not require qualifying through testing or placement on an employment list. Where the return involves returning to probationary status within six (6) months following demotion, the time spent in probationary status before the demotion occurred shall be applied toward permanent status. 5. Employees in a provisional status in a higher classification shall be returned to their permanent classification prior to layoff in order to determine their availability for displacement or reassignment. 6. Where three (3) or more employees exist in a classification within a department, the department shall not be required to lose more than fiftyfifty (50) percent of its employees in any given classification through displacement by higher classified, longer seniority employees. 7. Employees with greater seniority than other employees in the same classification and department may request voluntary transfer or demotion to another position under the provisions of Civil Service Rule IX, paragraph 1.B. 8. A part-time employee may displace another part-time employee only under the provisions which apply to full-time employees. 9. A full-time employee may displace a part-time employee with lesser seniority only if the latter is in a position budgeted for thirty (30) hours per week or more. 10. Employees designated by the City as managers may or may not be reduced to a lower classification which would result in the employees having to work for another employee whom they formerly supervised when in a management position. 11. As used in this Article, "higher classification" or similar phrases are synonymous and interchangeable.

Displacement. ‌ 1. Except as stated in items 3 of this section below, an employee whose position has been eliminated shall be permitted, in total seniority order within the respective job classification, to transfer to a lateral or lower classification within the employee's department. This transfer shall occur only when a position in such classification is either vacant or occupied by another employee with less total seniority as calculated from their present date of hire. On taking a lower classification, the employee shall be paid at the highest rate of the lower classification which is not greater than the rate earned prior to the displacement. 2. In such instances as outlined in subsection 1 immediately above, employees must meet the minimum qualifications of the newly assigned position. 3. Employees displaced from a job because the positions have been deleted or replaced by higher classified employees with more seniority, shall be eligible to transfer to the same or lower title in another department, where the employees last served prior to their current assignment, if: a. they served in that title and in that department where a vacancy or employees with lesser seniority exist, and b. the Department Executive of the department to which the transfer is to be made approves such transfer if said department is any of the following: City Council, City Manager, City Attorney, or Management Services Department. 4. Employees who are reduced in classification shall be returned to their previous higher classification and department when vacancies occur within a three-year period of the reduction. Such return will not require qualifying through testing or placement on an employment list. Where the return involves returning to probationary status within six (6) months following demotion, the time spent in probationary status before the demotion occurred shall be applied toward permanent status. 5. Employees in a provisional status in a higher classification shall be returned to their permanent classification prior to layoff in order to determine their availability for displacement or reassignment. 6. Where three (3) or more employees exist in a classification within a department, the department shall not be required to lose more than fifty