Effects of Layoff. 15.6.1 Upon request of the Association within five (5) working days, the parties shall meet and negotiate upon the specific impact of such layoff upon bargaining unit members to the extent that such matters are within the lawful scope of representation, and is not specified within this Agreement. It is agreed and understood that the District has the right to implement layoffs pursuant to this Article even though the parties may not have concluded the above bargaining concerning the impact of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects of layoff. 15.6.2 The District shall not transfer work of the bargaining unit to certificated, confidential, management or supervisory employees, or to volunteers, prisoners, or substitute employees or to other bargaining unit employees in different classifications or sub contract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work year. 15.6.3 Any extra hours that become available in a classification that has suffered a layoff, causing an employee to return to a lower classification or reduction in hours due to layoff, shall be given to any employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated between all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotation. 15.6.4 The District shall not increase the current and existing workload of remaining bargaining unit employees. This does not preclude the changes to assignments within the classification. 15.6.5 The District may use volunteers and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff. 15.6.6 Benefited employees who are laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health and welfare benefits subject to carrier rules and/or COBRA in the event of a layoff if the layoff would make them ineligible for health and welfare benefits. This information will be provided by insurance carrier. 15.6.7 Employees placed on the 60 day layoff notice may use available paid personal leave to seek alternative employment. 15.6.8 In the event of the layoff of bus drivers, the District agrees to allow laid off drivers to participate in in-service trainings in order to keep their certificate current. The District will provide requalification training at the time of reinstatement to Red Bluff Joint Union High School District (if necessary).
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request In the event of the Association within five (5) working daysa proposed layoff or layoff, the parties shall meet and negotiate upon the specific impact of such layoff upon bargaining unit members agree to the extent that such matters are within the lawful scope of representation, and is not specified within this Agreementfollowing:
1. It is agreed and understood that the District has the right to implement layoffs pursuant to this Article even though the parties may not have concluded the above bargaining concerning the impact of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects of layoff.
15.6.2 The District shall not transfer work out of the bargaining unit to certificated, confidential, management or supervisory employees, or to volunteers, prisoners, short term, or substitute employees employees, or to other bargaining unit employees in different classifications or sub contract classifications.
2. The District shall not subcontract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work year. The District shall not expand the contracting out of any work currently performed or contract out for any other services which could be performed by bargaining unit employees or which could result in the layoff of bargaining unit employees.
15.6.3 Any extra 3. The District shall release all probationary, temporary, short term, and substitute employees in classifications subject to lay off before it lays off bargaining unit employees or reduces the hours that become available in of bargaining unit positions. Information on cost savings from the release of such employees shall be immediately provided to CSEA.
4. Laid off employees may volunteer to take a lateral transfer into an equal classification that has suffered or a layoff, causing an employee to return to demotion into a lower classification in which they have not worked if the position is vacant and if they meet the minimum qualifications, in accordance with Article X, Section F. Laid off employees who take such lateral transfer or reduction voluntary demotion into a different classification shall remain on the reemployment list for the classification from which they were laterally transferred or demoted to preserve their return rights.
5. Laid off employees and employees affected by reductions in hours due to layoff, hours/work year shall be given offered the opportunity to fill any employee within temporary, short term, and substitute positions that classification who has suffered become vacant as a result of the implementation of Section G (2) of this article or which may subsequently become vacant. Employee must meet the same qualifications and tests of fitness for such layoff positions as do temporary, substitute, or reduction in hours. Awarded hours will be rotated between all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotationshort-term employees.
15.6.4 6. The District shall not increase the current and existing workload of remaining bargaining unit employees as a result of the layoff and/or reduction in hours/work year of bargaining unit employees. This does not preclude the changes to assignments within the classification.
15.6.5 7. The District may shall review the use of volunteers and/or students to enhance its educational program but not permit displacements district-wide when contemplating layoffs or reductions in hours/work year and shall ensure compliance with Article XVII (Volunteers) in the event of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layofflayoff or reduction in hours/work year.
15.6.6 8. Benefited employees who are laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health and welfare benefits subject to carrier rules and/or COBRA in the event of a layoff or reduction in hours/work year if the layoff reduction in hours/work year would make them him/her ineligible for health and welfare benefits. This information will be provided by insurance carrier.
15.6.7 Employees placed on the 60 day 9. The District shall refer employees subject to layoff notice may use available paid personal leave or reductions in hours/work year to seek alternative employmentoutside agencies who can provide assistance in resume writing, testing and interviewing skills and techniques.
15.6.8 10. The District shall upon request of the laid off employee, provide a letter to employees subject to layoff that states that the employee was laid off due to a lack of work or lack of funds and not for any performance or other work related reason. Copy of this letter is attached as Appendix F.
11. In the event of the layoff of bus drivers, the District agrees to allow that it will provide training opportunities in order that laid off drivers to participate in in-service trainings in order to keep their may maintain a valid Bus Driver’s certificate current. The District will provide requalification during the period of layoff, including training for re- qualification at the time of reinstatement to Red Bluff Joint Union High School District (if necessary). The District will make appropriate vehicles available for the on-the-road portion of the license examination process. In addition, the District agrees to offer laid off Bus Drivers extra trips if the remaining Bus Drivers are unavailable or decline an extra trip assignment.
12. Laid off employees and employees affected by a reduction in hours/work year shall retain all rights and benefits guaranteed to them by the California Education Code, the CSEA/District collective bargaining agreement, and District policies and procedures.
13. Employees affected by layoff or reductions in hours/work year shall receive a copy of the layoff article along with their notice of layoff or notice of reduction in hours/work year.
14. Nothing in this Article shall preclude either party from requesting and commencing negotiations on any other effects of layoff or on the decision and any other effects of a reduction in hours/work year.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request 1. Employees who are laid off shall be placed on a recall list for a period of one year. If there is a recall, employees who are on the recall list shall be recalled according to district seniority with the most senior employee being recalled first, provided he/she is determined to possess the current skill, ability, and qualifications to perform the work in the job title to which they are recalled. An employee who declines a position offered during recall shall waive their rights to future recall. An employee who voluntarily accepts a position outside of the Association within classification from which they were dismissed shall be placed at the bottom of the recall list should that position fail during the statutory period of recall, excluding employee acts of misconduct.
2. Employees who are eligible for recall shall be given a minimum of five (5) working days' notice of recall. The Board shall be deemed to have fulfilled its obligation by mailing the recall notice by certified mail to the mailing address provided by the employee, it being the obligation and responsibility of the employee to provide the Personnel Office with his/her latest mailing address.
3. If a vacancy occurs for the following school term or within one (1) calendar year from the beginning of the school term following the reduction-in-force, the parties Board shall meet and negotiate upon offer the specific impact of such layoff upon bargaining unit members vacant position to the extent that such matters are within employee with the lawful scope of representation, most seniority on the recall list who was dismissed from the same classification and is qualified to hold the position. To be "qualified" for a position, an employee must meet the job description requirements for the position. An employee's failure to maintain the necessary statutory or licensing qualifications for a particular classification will result in a waiver of recall rights to any vacancy arising in such classification during the recall period. Any recalled employee shall retain his/her previously accumulated seniority and other benefits, but shall not specified within this Agreementaccrue additional seniority for the period after the honorable dismissal and prior to re-employment. It is agreed and understood that To be eligible for recall, an honorably dismissed employee must provide to the District has Board, in writing, the right to implement layoffs pursuant to this Article even though address where the parties employee may not have concluded the above bargaining concerning the impact of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects of layoffbe reached.
15.6.2 4. The District shall not transfer work employee must also notify the Board, in writing, within five (5) calendar days of the bargaining unit employee's receipt of the notice of the acceptance of any vacant position offered to certificated, confidential, management or supervisory employees, or to volunteers, prisoners, or substitute employees or to other bargaining unit employees in different classifications or sub contract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work yearemployee during the recall period.
15.6.3 5. The employee's failure to notify the Board of acceptance of any vacancy shall constitute a rejection of the offer of employment. Any extra hours employee who rejects an offer of an available position in any classification in which he/she is qualified shall be deemed to have waived his/her recall rights and will no longer be eligible for any other vacant positions that become available in a classification that has suffered a layoff, causing an during the recall period. Any employee to return to a lower classification or reduction in hours due to layoff, shall be given to any employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated between all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotation.
15.6.4 The District shall not increase the current and existing workload of remaining bargaining unit employees. This does not preclude the changes to assignments within the classification.
15.6.5 The District may use volunteers and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff.
15.6.6 Benefited employees who are is laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health receive full pay for earned and welfare benefits subject to carrier rules and/or COBRA in the event of a layoff if the layoff would make them ineligible for health and welfare benefits. This information will be provided by insurance carrier.unused vacation time
15.6.7 Employees placed on the 60 day layoff notice may use available paid personal leave to seek alternative employment.
15.6.8 In the event of the layoff of bus drivers, the District agrees to allow laid off drivers to participate in in-service trainings in order to keep their certificate current6. The District will provide requalification training at the time of reinstatement to Red Bluff Joint Union High School District recall list shall expire after one (if necessary)1) calendar year.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request of the Association within five (5a) working daysThe worker shall be entitled to pay, the parties shall meet and negotiate upon the specific impact of such layoff upon bargaining unit members to the extent that such matters are within the lawful scope of representationincluding all earned vacation pay, earned wages, and is not specified within this Agreement. It is agreed and understood that the District has the right to implement layoffs pursuant to this Article even though the parties may not have concluded the above bargaining concerning the impact of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects of layoffovertime/compensatory time.
15.6.2 The District shall not transfer work b) Laid off workers will have the following options regarding health and welfare benefits: (1) two calendar months following the effective date of the bargaining unit to certificated, confidential, management or supervisory employees, or to volunteers, prisoners, or substitute employees or to other bargaining unit employees in different classifications or sub contract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work year.
15.6.3 Any extra hours that become available in a classification that has suffered a layoff, causing an employee to return to a lower classification or reduction in hours due to layoff, shall be given to any employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated between of all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotation.
15.6.4 The District shall not increase the current and existing workload of remaining bargaining unit employees. This does not preclude the changes to assignments within the classification.
15.6.5 The District may use volunteers and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff.
15.6.6 Benefited employees who are laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health and welfare benefits normally received; or (2) three calendar months following effective date of layoff of only the medical insurance coverage normally received; subject to carrier rules and/or COBRA in the event following:
1) If permissible under the terms of a layoff the applicable carrier’s plan requirements, the District will continue to pay the same benefit contribution the District is currently providing pursuant to Article 8. At the time the employee is no longer eligible to remain on the District’s health plan as an active employee, if applicable, the layoff would make them ineligible for health employee will, if there is any continuing right to benefits under this Section, be authorized to receive benefits consistent with and welfare benefits. This information will be provided by insurance carriersubject to the requirements of Article 16.6(b)2.
15.6.7 Employees placed on 2) For employees who are not eligible to remain as active employees under the 60 day layoff notice may use available paid personal leave to seek alternative employment.
15.6.8 In the event terms of the layoff of bus driversapplicable plans, the District agrees for those employees who timely elect COBRA coverage, to allow reimburse – upon receipt of proof of payment – the employees the same amount of the benefit contribution the District is currently providing pursuant to Article 8 as well as any administrative fee charged to the employee for receiving coverage under COBRA for a period of up to two or three calendar months based upon the employee’s selection in Article 16.6(b) – including the time provided under Article 16.6(b)(1), if applicable – following the effective date of the employee being laid off. To receive this reimbursement, an employee must provide proof of payment via documentation demonstrating that the employee has made his/her COBRA premium payment to the applicable carrier in a timely manner. Such documentation may consist of a canceled check and billing statement from the carrier or a billing statement from the carrier that establishes payment was made. Upon receipt of that documentation, the District will reimburse the employee within 14 calendar days.
c) Laid off drivers workers shall be entitled to continue to participate in inthe District's Health and Welfare programs commencing the month following the termination of District reimbursed benefits in accordance with Article 16.6(b) above, for the remaining period allowed under XXXXX provided the worker timely elects COBRA coverage and pays the full monthly cost of the benefits he/she opts to extend by no later than the 20th day of the month preceding each month of continued coverage.
d) Laid off workers shall be provided first opportunity to substitute, or to occupy temporary positions, provided the worker is qualified to perform the job. Such workers shall advise the District in writing of the classifications, hours and days they are available. Refusal or failure to respond to offers to substitute or, work in temporary positions for which the worker does not have reemployment rights shall not result in removing the worker from the reemployment list. However, workers who persistently refuse such offers will be removed from the substitute list.
e) The provisions of this Section shall constitute the full and complete agreement between the parties concerning the effects of the layoff decision.
f) A laid off worker on a 39-service trainings in order to keep their certificate currentmonth reemployment list who is working as a substitute shall be paid at the regular rate of pay for that classification. The District For a lateral classification, she/he will provide requalification training be placed at the same salary step she/he held at the time of reinstatement layoff. For a lower classification, she/he will be placed at the salary step that is closest to Red Bluff Joint Union High School District (if necessary)the salary step held at the time of layoff. For a higher classification, she/he shall be paid consistent with the provisions of Section 6.6(a) of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request 19.6.1 The employee shall be entitled to pay, including all earned vacation pay, earned wages, and overtime/compensatory time.
19.6.2 Laid off employees will have the following options regarding health and welfare benefits: (a) two (2) calendar months following the effective date of layoff of all health and welfare benefits normally received to be paid by the District; or (b) three (3) calendar months following the effective date of layoff of only the medical insurance coverage normally received to be paid by the District.
19.6.3 Laid off employees shall be entitled to continue to participate in the District's health and welfare programs commencing the month following the termination of District paid benefits in accordance with Section 19.6.2 above, for up to and including the balance of eighteen (18) calendar months following effective date of layoff provided the employee pays the full cost of benefits he/she opts to extend by no later than the 20th day of the Association month preceding each month of continued coverage, provided the District's health and welfare insurance policies allow for such participation. The employee must make the election to continue to pay for District health and welfare insurance benefits within five sixty (560) working days, days following the parties shall meet and negotiate upon the specific impact of such layoff upon bargaining unit members to the extent that such matters are within the lawful scope of representation, and is not specified within this Agreement. It is agreed and understood that the District has the right to implement layoffs pursuant to this Article even though the parties may not have concluded the above bargaining concerning the impact of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects effective date of layoff.
15.6.2 The District 19.6.4 Laid off employees shall be provided first opportunity, prior to a person not transfer work of previously employed by the bargaining unit District, to certificatedsubstitute, confidential, management or supervisory employeesoccupy temporary positions, or to volunteersfill vacancies, prisoners, or substitute employees or provided the employee is qualified to other bargaining unit employees in different classifications or perform the job. The District agrees to establish a sub contract out the bargaining unit work performed by rate for laid off employees at Step I of the classification to which the person is assigned. Such employees shall advise the District in writing of the classifications, hours, and days they are available. Refusal or failure to respond to offers to substitute, work in temporary positions or fill a vacancy for which the employee does not have reemployment rights shall not result in removing the employee from the reemployment list. However, employees who have suffered a reduction in hours/work yearpersistently refuse [three (3) consecutive] such offers will be removed from the substitute list.
15.6.3 Any extra hours that become available in a classification that has suffered a layoff, causing an employee to return to a lower classification or reduction in hours due to layoff, 19.6.5 The provisions of this section shall be given to any employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated constitute the full and complete agreement between all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotation.
15.6.4 The District shall not increase parties concerning the current and existing workload of remaining bargaining unit employees. This does not preclude the changes to assignments within the classification.
15.6.5 The District may use volunteers and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff.
15.6.6 Benefited employees who are laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health and welfare benefits subject to carrier rules and/or COBRA in the event of a layoff if the layoff would make them ineligible for health and welfare benefits. This information will be provided by insurance carrier.
15.6.7 Employees placed on the 60 day layoff notice may use available paid personal leave to seek alternative employment.
15.6.8 In the event effects of the layoff of bus drivers, the District agrees to allow laid off drivers to participate in in-service trainings in order to keep their certificate current. The District will provide requalification training at the time of reinstatement to Red Bluff Joint Union High School District (if necessary)decision.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request of the Association within five (5) working days, the parties shall meet and negotiate upon the specific impact of such layoff upon bargaining unit members to the extent that such matters are within the lawful scope of representation, and is not specified within this Agreement. It is agreed and understood that the District has the right to implement layoffs pursuant to this Article even though the parties may not have concluded the above bargaining concerning the impact of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects of layoff.
15.6.2 20.10.1 The District shall not transfer work due to layoffs out of the bargaining unit to certificated, confidential, management management, or supervisory employees, or to volunteers, prisoners, short term, limited term, or substitute employees employees, students, or to other bargaining unit employees in different classifications or sub contract classifications.
20.10.2 The District shall not subcontract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work yearyear as prescribed by current law. The District shall not expand the contracting out of any work currently performed or contract out for any other services which could be performed by bargaining unit employees or could result in the layoff of bargaining unit employees as prescribed by current law.
15.6.3 Any extra hours that become available in 20.10.3 Laid off employees may volunteer to take a lateral transfer into an equal classification that has suffered or a layoff, causing an employee to return to demotion into a lower classification or reduction in hours due which they have not worked if the position is vacant and if they meet the minimum qualifications. Laid off employees who take such voluntary demotion into a different class shall remain on the reemployment list for the classification from which they were demoted to layoff, preserve their return rights.
20.10.4 Laid off employees and employees affected by reductions in hours/work shall be given offered the opportunity to fill within the class or any temporary, short term, limited term and substitute positions that become vacant in reverse order of seniority.
20.10.5 If the work is temporary in nature, the employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated between all affected employees based on seniority until made whole, after which, extra hours will be given on reemployed for said work at the normal seniority rotationpreviously held step of the appropriate range for the temporary classification.
15.6.4 20.10.6 The District shall not increase the current and existing workload of remaining bargaining unit employees. This does not preclude employees as a result of the changes to assignments within the classification.
15.6.5 The District may use volunteers layoff and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff.
15.6.6 Benefited employees who are laid off or who are reduced reduction in hours/work year of bargaining unit employees. During the evaluation process, the District shall take into consideration the effects of the layoff and its impacts on the evaluated employee.
20.10.7 Fringe benefits (health/welfare) will be continued for a period of three (3) months from the date of layoff, at the same pro-ration held prior to the layoff. District will continue to pay the same pro-ration paid prior to layoff for the three-month period. At the expiration of the three-month period, the employee shall then be offered the opportunity to purchase health and welfare benefits subject to carrier rules and/or COBRA in the event of a layoff if the layoff would make them ineligible for health and welfare benefits. This information will be provided by insurance carrierCOBRA.
15.6.7 Employees placed on the 60 day layoff notice may use available paid personal leave to seek alternative employment20.10.8 The District shall provide assistance in resume writing, testing and interviewing skills and techniques.
15.6.8 20.10.9 The District shall provide each employee with a letter of recommendation upon request of the employee.
20.10.10 In the event of the layoff of bus drivers, the District agrees to allow that it will provide training opportunities in order that laid off drivers to participate in in-service trainings in order to keep their certificate currentmay maintain a valid Bus Driver’s certificate, if training is available through the driver’s first requalification, including training for requalification at the time or reinstatement (if necessary). The District will provide requalification training make appropriate vehicles available for the on-the-road portion of the license examination process. In addition, the District agrees to utilize laid off bus drivers for extra trips if the remaining bus drivers are unavailable or decline an extra trip assignment.
20.10.11 All employees being laid off and/or reduced in hours who have previously held the position in playground monitor shall have bumping rights.
20.10.12 All hours earned in a paid status by an employee while on layoff shall be counted as hours in paid status and will count in computation of seniority in the class from which they were laid off in the district.
20.10.13 Upon return from layoff within the same classification, an employee will be placed at the appropriate rate of pay for the length of service, in no instance lower than he/she was making at the time of reinstatement to Red Bluff Joint Union High School District (if necessary)the layoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request of the Association within five (5a) working daysThe worker shall be entitled to pay, the parties shall meet and negotiate upon the specific impact of such layoff upon bargaining unit members to the extent that such matters are within the lawful scope of representationincluding all earned vacation pay, earned wages, and is not specified within this Agreement. It is agreed and understood that the District has the right to implement layoffs pursuant to this Article even though the parties may not have concluded the above bargaining concerning the impact of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects of layoffovertime/compensatory time.
15.6.2 The District shall not transfer work b) Laid off workers will have the following options regarding health and welfare benefits: (1) two calendar months following the effective date of the bargaining unit to certificated, confidential, management or supervisory employees, or to volunteers, prisoners, or substitute employees or to other bargaining unit employees in different classifications or sub contract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work year.
15.6.3 Any extra hours that become available in a classification that has suffered a layoff, causing an employee to return to a lower classification or reduction in hours due to layoff, shall be given to any employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated between of all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotation.
15.6.4 The District shall not increase the current and existing workload of remaining bargaining unit employees. This does not preclude the changes to assignments within the classification.
15.6.5 The District may use volunteers and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff.
15.6.6 Benefited employees who are laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health and welfare benefits normally received; or (2) three calendar months following effective date of layoff of only the medical insurance coverage normally received; subject to carrier rules and/or COBRA in the event following:
1) If permissible under the terms of a layoff the applicable carrier’s plan requirements, the District will continue to pay the same benefit contribution the District is currently providing pursuant to Article 8. At the time the employee is no longer eligible to remain on the District’s health plan as an active employee, if applicable, the layoff would make them ineligible for health employee will, if there is any continuing right to benefits under this Section, be authorized to receive benefits consistent with and welfare benefits. This information will be provided by insurance carriersubject to the requirements of Article 16.6(b)2.
15.6.7 Employees placed on 2) For employees who are not eligible to remain as active employees under the 60 day layoff notice may use available paid personal leave to seek alternative employment.
15.6.8 In the event terms of the layoff of bus driversapplicable plans, the District agrees for those employees who timely elect COBRA coverage, to allow reimburse – upon receipt of proof of payment – the employees the same amount of the benefit contribution the District is currently providing pursuant to Article 8 as well as any administrative fee charged to the employee for receiving coverage under COBRA for a period of up to two or three calendar months based upon the employee’s selection in Article 16.6(b) – including the time provided under Article 16.6(b)(1), if applicable – following the effective date of the employee being laid off. To receive this reimbursement, an employee must provide proof of payment via documentation demonstrating that the employee has made his/her COBRA premium payment to the applicable carrier in a timely manner. Such documentation may consist of a canceled check and billing statement from the carrier or a billing statement from the carrier that establishes payment was made. Upon receipt of that documentation, the District will reimburse the employee within 14 calendar days.
c) Laid off drivers workers shall be entitled to continue to participate in inthe District's Health and Welfare programs commencing the month following the termination of District reimbursed benefits in accordance with Article 16.6(b) above, for the remaining period allowed under COBRA provided the worker timely elects COBRA coverage and pays the full monthly cost of the benefits he/she opts to extend by no later than the 20th day of the month preceding each month of continued coverage.
d) Laid off workers shall be provided first opportunity to substitute, or to occupy temporary positions, provided the worker is qualified to perform the job. Such workers shall advise the District in writing of the classifications, hours and days they
e) The provisions of this Section shall constitute the full and complete agreement between the parties concerning the effects of the layoff decision.
f) A laid off worker on a 39-service trainings in order to keep their certificate currentmonth reemployment list who is working as a substitute shall be paid at the regular rate of pay for that classification. The District For a lateral classification, she/he will provide requalification training be placed at the same salary step she/he held at the time of reinstatement layoff. For a lower classification, she/he will be placed at the salary step that is closest to Red Bluff Joint Union High School District (if necessary)the salary step held at the time of layoff. For a higher classification, she/he shall be paid consistent with the provisions of Section 6.6(a) of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request of the Association within five (5a) working daysThe worker shall be entitled to pay, the parties shall meet and negotiate upon the specific impact of such layoff upon bargaining unit members to the extent that such matters are within the lawful scope of representationincluding all earned vacation pay, earned wages, and is not specified within this Agreement. It is agreed and understood that the District has the right to implement layoffs pursuant to this Article even though the parties may not have concluded the above bargaining concerning the impact of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects of layoffovertime/compensatory time.
15.6.2 The District shall not transfer work b) Laid off workers will have the following options regarding health and welfare benefits:
(1) two calendar months following the effective date of the bargaining unit to certificated, confidential, management or supervisory employees, or to volunteers, prisoners, or substitute employees or to other bargaining unit employees in different classifications or sub contract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work year.
15.6.3 Any extra hours that become available in a classification that has suffered a layoff, causing an employee to return to a lower classification or reduction in hours due to layoff, shall be given to any employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated between of all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotation.
15.6.4 The District shall not increase the current and existing workload of remaining bargaining unit employees. This does not preclude the changes to assignments within the classification.
15.6.5 The District may use volunteers and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff.
15.6.6 Benefited employees who are laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health and welfare benefits subject normally received, to carrier rules and/or COBRA be paid by the District; or (2) three calendar months following effective date of layoff of only the medical insurance coverage normally received to be paid by the District.
c) Laid off workers shall be entitled to continue to participate in the event District's Health and Welfare programs commencing the month following the termination of a layoff if District paid benefits in accordance with Section b) above, for the layoff would make them ineligible remaining period required under COBRA or an additional six (6) months, whichever period may be longer, provided the worker pays the full monthly cost of the benefits he/she opts to extend by no later than the 20th day of the month preceding each month of continued coverage.
d) Laid off workers shall be provided first opportunity to substitute, or to occupy temporary positions, provided the worker is qualified to perform the job. Such workers shall advise the District in writing of the classifications, hours and days they are available. Refusal or failure to respond to offers to substitute or, work in temporary positions for health and welfare benefitswhich the worker does not have reemployment rights shall not result in removing the worker from the reemployment list. This information However, workers who persistently refuse such offers will be provided by insurance carrierremoved from the substitute list.
15.6.7 Employees placed on e) The provisions of this Section shall constitute the 60 day layoff notice may use available paid personal leave to seek alternative employment.
15.6.8 In full and complete agreement between the event parties concerning the effects of the layoff of bus drivers, the District agrees to allow decision.
f) A laid off drivers to participate in inworker on a 39-service trainings in order to keep their certificate currentmonth reemployment list who is working as a substitute shall be paid at the regular rate of pay for that classification. The District For a lateral classification, she/he will provide requalification training be placed at the same salary step she/he held at the time of reinstatement layoff. For a lower classification, she/he will be placed at the salary step that is closest to Red Bluff Joint Union High School District (if necessary)the salary step held at the time of layoff. For a higher classification, she/he shall be paid consistent with the provisions of Section 6.6(a) of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request 16.1 The Superintendent may lay off bargaining unit members, upon sixty (60) calendar written notice, for lack of work or lack of funds.
16.2 At least fifteen (15) calendar days prior to the issuance of layoff notices, the Superintendent or designee shall notify and consult with the Federation of the Association need for the impending layoff, including alternatives to layoff and measures to mitigate the impact of layoffs on remaining bargaining unit members. Nothing in this section shall be construed to mean that the Superintendent has in any way limited his or her management prerogative to determine when and how to effect layoffs.
16.3 In the event of layoff, bargaining unit members with the lowest seniority within a classification shall be laid off first.
16.4 Seniority for layoff shall be within classification. Time spent in higher classifications counts as seniority in lower classifications. Seniority shall be based on the employee’s first date of paid service as a probationary employee for TCSOS.
16.5 Unit members who have been laid off are eligible for reemployment in a vacant position in the classification from which the layoff occurred for a period of 39 months and shall be reemployed in preference to new applicants. Such unit members may apply for promotional opportunities with the Superintendent during the 39 months. Unit members who voluntarily take a demotion in lieu of layoff will remain on the reemployment list for an additional 24 months [total of 63 months].
16.5.1 A unit member to be laid off may bump the least senior unit member in a lower classification previously held by the unit member.
16.5.2 Notification of possible recall shall be made by both certified and first-class mail to the last known address of all laid-off unit members from the classification in which the vacancy exists requesting confirmation of availability for the position. The most senior laid-off unit member confirming her or his availability to accept the position shall be offered the position.
16.5.3 If unit member fails to respond to the mailings within five (5) working daysbusiness days of date they were deposited with the U.S. Postal Service, the parties Personnel Director shall meet and negotiate upon offer the specific impact assignment to the next most senior unit member on the 39-month reemployment list. It shall be the responsibility of such the laid-off unit member to keep contact information current with the Personnel Director’s office.
16.5.3.1 Failure of a unit member on the reemployment list to three offers of reemployment shall result in the unit member’s name being removed from the reemployment list.
16.5.4 Vacant positions from which a layoff upon has occurred within the previous 39 months shall be posted or advertised to current bargaining unit members to the extent that such matters are within the lawful scope same classification. Vacant positions shall not be advertised to members of representationthe generalpublic until laid off unit members from the affected classification have been given an opportunity to confirm their availability for the position. (See Section 10.2.1)
16.5.5 In the event none of the laid-off members from the classification for which there is a vacant position is available to accept the position, the Superintendent shall offer the position to a qualified unit member who was laid off from a different classification. Laid- off unit members offered a position in a classification different than that from which she or he was laid off may refuse the offer of employment without affecting their placement on the recall list. Acceptance of a position in a different classification than that from which the unit member was laid off shall not forfeit the unit member’s recall rights to vacant positions in the classification from which she or he was laid off for the remainder of the reemployment preference period specified in Section 16.5 above.
16.6 In the event of a reduction in force, the Superintendent agrees that he or she will not unilaterally increase workload, nor will it unlawfully transfer or contract out bargaining unit work, or use volunteers to replace the work of eliminated/reduced positions.
16.7 The Public Employment Relations Board has decided that parties to a collective bargaining agreement can agree to a negotiated resolution of all potential effects in the event of some future layoff. The parties can then agree that at the time a future layoff actually occurs there would be no legal obligation for either party to further negotiate about the effects of the layoff. The purpose of agreeing ahead of time on the effects of such layoffs, and is not specified within this Agreement. It is agreed and understood that the District has waiving the right to bargain at the time the layoffs occur, is to consider such issues in a non-crisis setting and to allow the employer to efficiently implement layoffs pursuant the layoff, knowing in advance the procedure to be followed and the rights of unit members. The parties to this Article even though collective bargaining agreement agree that they have had an unrestricted opportunity to negotiate the parties may not have concluded effects of bargaining unit member layoffs, and that the above bargaining concerning the impact of such layoffs. Nothing language in this article shall preclude either party from requesting constitute the complete understanding and commencing negotiations on any agreement of the parties regarding the effects of layoff.
15.6.2 The District all future classified employee layoffs, including displacement and re-employment rights, and shall not transfer work relieve the Superintendent and Federation of any further obligation to negotiate the effects of any bargaining unit to certificated, confidential, management or supervisory employees, or to volunteers, prisoners, or substitute employees or to other member layoff occurring during the term of this collective bargaining unit employees in different classifications or sub contract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work yearagreement.
15.6.3 Any extra hours that become available in a classification that has suffered a layoff, causing an employee to return to a lower classification or reduction in hours due to layoff, shall be given to any employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated between all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotation.
15.6.4 The District shall not increase the current and existing workload of remaining bargaining unit employees. This does not preclude the changes to assignments within the classification.
15.6.5 The District may use volunteers and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff.
15.6.6 Benefited employees who are laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health and welfare benefits subject to carrier rules and/or COBRA in the event of a layoff if the layoff would make them ineligible for health and welfare benefits. This information will be provided by insurance carrier.
15.6.7 Employees placed on the 60 day layoff notice may use available paid personal leave to seek alternative employment.
15.6.8 In the event of the layoff of bus drivers, the District agrees to allow laid off drivers to participate in in-service trainings in order to keep their certificate current. The District will provide requalification training at the time of reinstatement to Red Bluff Joint Union High School District (if necessary).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request of the Association CSEA within five (5) working days, the parties shall meet and negotiate upon the specific impact of such layoff upon bargaining unit members to the extent that such matters are within the lawful scope of representation, and is not specified within this Agreement. It is agreed and understood that the District has the right to implement layoffs pursuant to this Article even though the parties may not have concluded the above bargaining concerning the impact of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects of layoff.
15.6.2 The District shall not transfer work of the bargaining unit to certificated, confidential, management or supervisory employees, or to volunteers, prisoners, or substitute employees or to other bargaining unit employees in different classifications or sub contract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work year.
15.6.3 Any extra hours that become available in a classification that has suffered a layoff, causing an employee to return to a lower classification or reduction in hours due to layoff, shall be given to any employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated between all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotation.
15.6.4 The District shall not increase the current and existing workload of remaining bargaining unit employees. This does not preclude the changes to assignments within the classification.
15.6.5 The District may use volunteers and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff.
15.6.6 Benefited employees who are laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health and welfare benefits subject to carrier rules and/or COBRA in the event of a layoff if the layoff would make them ineligible for health and welfare benefits. This information will be provided by insurance carrier.
15.6.7 Employees placed on the 60 day layoff notice may use available paid personal leave to seek alternative employment.
15.6.8 In the event of the layoff of bus drivers, the District agrees to allow laid off drivers to participate in in-service trainings in order to keep their certificate current. The District will provide requalification training at the time of reinstatement to Red Bluff Joint Union High School District (if necessary).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request 20.1 A layoff for purposes of this Article shall be considered as an involuntary separation of a permanent or probationary unit member from active service due to lack of funds and/or lack of work as a result of a bona fide reduction or elimination of the Association within five services performed by any department tor when reemployment, reassignment or displacement (5bumping) working daysrights of a unit member causes such an action.
20.2 Layoffs shall be conducted on a District-wide basis, in reverse order of seniority in the parties job classification in which the layoff occurs.
20.2.1 The unit member who has been employed the shortest time in the class plus higher classes shall meet and negotiate upon be laid off first.
20.2.2 Seniority shall be determined by date of hire for those hired after April 1, 1988.
20.2.3 Other than for the specific impact transition from hours in paid status to date of such hire the layoff upon bargaining unit members to the extent that such matters are within the lawful scope of representation, and is not specified within this Agreementprocess will be done in accordance with past practice. It is agreed the specific intent of the parties to not alter current employee’s seniority rankings, but to provide an easier method of dealing with seniority.
20.2.4 If two or more unit member subject to layoff have the same date of hire in their classification, the determination for layoff shall be district date of hire. If the district date of hire is the same, then the determination for layoff shall be made by lot.
20.3 When a layoff of unit members is anticipated by the administration and understood that at least forty- eight (48) hours before any Board action is taken on layoff of unit members, the District has shall notify the right Association in writing by District mail of the proposed action. With such notification, the District shall provide the Association with an updated seniority roster for the classification in which the layoff is anticipated, a list of positions and/or hours to implement layoffs pursuant be reduced or eliminated and documents supporting the need for layoff. Upon written request, the District shall meet with the Association to this Article even though negotiate the parties may not have concluded effects and impacts of the above bargaining concerning the impact of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects of proposed layoff.
15.6.2 The District 20.4 Unit members may challenge their place on the seniority roster by making objections to the Personnel Administrator who shall not transfer work review the objections and conduct an audit if requested and make the results of such audit known to the bargaining Association and the unit member(s) prior to certificated, confidential, management or supervisory employees, or to volunteers, prisoners, or substitute employees or to other bargaining the effective date of any layoff(s) involving such unit employees in different classifications or sub contract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work yearmember(s).
15.6.3 Any extra hours that become available in 20.5 After a classification that Board action has suffered been taken on a layoff, causing an employee to return to a lower classification or reduction in hours due to layoff, written notice of layoff shall be sent by certified mail to affected unit members, to their last address given to any employee within that classification who has suffered such layoff or reduction in the District, no less than sixty (60) calendar days prior to the effective date of layoff. A termination interview with the Personnel Administrator may be scheduled during normal working hours, if requested by the unit member. Awarded hours will A copy of each notice shall be rotated between all affected employees based on seniority until made whole, after which, extra hours will be given on concurrently sent by District mail to the normal seniority rotationPresident of the CSEA local chapter.
15.6.4 20.5.1 Such notice shall indicate the layoff effective date and inform the unit member of his/her displacement rights, if any, and reemployment rights. The District notice shall not increase also include a statement of the current and existing workload of remaining bargaining unit employees. This does not preclude member’s right to request a termination interview with the changes to assignments within the classificationHuman Resources Administrator.
15.6.5 The District may use volunteers and/or students 20.6 If during the term of this Agreement it is determined, pursuant to enhance its educational program but not permit displacements Section 19.4 of classified employees nor this Article that a unit member has been improperly laid off and would have been otherwise entitled to allow employment, said unit member shall be reemployed immediately upon discovery of the error and shall be reimbursed by the District to utilize volunteers in lieu for any loss of regular employees during an actual layoff.
15.6.6 Benefited employees who are laid off or who are reduced in hours/work year salary. Additionally, seniority, step placement, vacation and sick leave hours shall be offered the opportunity to purchase health and welfare benefits subject to carrier rules and/or COBRA reinstated as if there were no interruption in the event of a layoff if the layoff would make them ineligible for health and welfare benefits. This information will be provided by insurance carrierservice.
15.6.7 Employees placed on the 60 day layoff notice may use available paid personal leave to seek alternative employment.
15.6.8 In the event of the layoff of bus drivers, the District agrees to allow laid off drivers to participate in in-service trainings in order to keep their certificate current. The District will provide requalification training at the time of reinstatement to Red Bluff Joint Union High School District (if necessary).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request 16.1 The Superintendent may lay off bargaining unit members, upon sixty (60) calendar written notice, for lack of work or lack of funds.
16.2 At least fifteen (15) calendar days prior to the issuance of layoff notices, the Superintendent or designee shall notify and consult with the Federation of the Association need for the impending layoff, including alternatives to layoff and measures to mitigate the impact of layoffs on remaining bargaining unit members. Nothing in this section shall be construed to mean that the Superintendent has in any way limited his or her management prerogative to determine when and how to effect layoffs.
16.3 In the event of layoff, bargaining unit members with the lowest seniority within a classification shall be laid off first.
16.4 Seniority for layoff shall be within classification. Time spent in higher classifications counts as seniority in lower classifications. Seniority shall be based on the employee’s first date of paid service as a probationary employee for TCSOS.
16.5 Unit members who have been laid off are eligible for reemployment in a vacant position in the classification from which the layoff occurred for a period of 39 months and shall be reemployed in preference to new applicants. Such unit members may apply for promotional opportunities with the Superintendent during the 39 months. Unit members who voluntarily take a demotion in lieu of layoff will remain on the reemployment list for an additional 24 months [total of 63 months].
16.5.1 A unit member to be laid off may bump the least senior unit member in a lower classification previously held by the unit member.
16.5.2 Notification of possible recall shall be made by both certified and first-class mail to the last known address of all laid-off unit members from the classification in which the vacancy exists requesting confirmation of availability for the position. The most senior laid-off unit member confirming her or his availability to accept the position shall be offered the position.
16.5.3 If unit member fails to respond to the mailings within five (5) working daysbusiness days of date they were deposited with the U.S. Postal Service, the parties Personnel Director shall meet and negotiate upon offer the specific impact assignment to the next most senior unit member on the 39-month reemployment list. It shall be the responsibility of such the laid-off unit member to keep contact information current with the Personnel Director’s office.
16.5.3.1 Failure of a unit member on the reemployment list to three offers of reemployment shall result in the unit member’s name being removed from the reemployment list.
16.5.4 Vacant positions from which a layoff upon has occurred within the previous 39 months shall be posted or advertised to current bargaining unit members to the extent that such matters are within the lawful scope same classification. Vacant positions shall not be advertised to members of representationthe general public until laid off unit members from the affected classification have been given an opportunity to confirm their availability for the position. (See Section 10.2.1)
16.5.5 In the event none of the laid-off members from the classification for which there is a vacant position is available to accept the position, the Superintendent shall offer the position to a qualified unit member who was laid off from a different classification. Laid- off unit members offered a position in a classification different than that from which she or he was laid off may refuse the offer of employment without affecting their placement on the recall list. Acceptance of a position in a different classification than that from which the unit member was laid off shall not forfeit the unit member’s recall rights to vacant positions in the classification from which she or he was laid off for the remainder of the reemployment preference period specified in Section 16.5 above.
16.6 In the event of a reduction in force, the Superintendent agrees that he or she will not unilaterally increase workload, nor will it unlawfully transfer or contract out bargaining unit work, or use volunteers to replace the work of eliminated/reduced positions.
16.7 The Public Employment Relations Board has decided that parties to a collective bargaining agreement can agree to a negotiated resolution of all potential effects in the event of some future layoff. The parties can then agree that at the time a future layoff actually occurs there would be no legal obligation for either party to further negotiate about the effects of the layoff. The purpose of agreeing ahead of time on the effects of such layoffs, and is not specified within this Agreement. It is agreed and understood that the District has waiving the right to bargain at the time the layoffs occur, is to consider such issues in a non-crisis setting and to allow the employer to efficiently implement layoffs pursuant the layoff, knowing in advance the procedure to be followed and the rights of unit members. The parties to this Article even though collective bargaining agreement agree that they have had an unrestricted opportunity to negotiate the parties may not have concluded effects of bargaining unit member layoffs, and that the above bargaining concerning the impact of such layoffs. Nothing language in this article shall preclude either party from requesting constitute the complete understanding and commencing negotiations on any agreement of the parties regarding the effects of layoff.
15.6.2 The District all future classified employee layoffs, including displacement and re-employment rights, and shall not transfer work relieve the Superintendent and Federation of any further obligation to negotiate the effects of any bargaining unit to certificated, confidential, management or supervisory employees, or to volunteers, prisoners, or substitute employees or to other member layoff occurring during the term of this collective bargaining unit employees in different classifications or sub contract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work yearagreement.
15.6.3 Any extra hours that become available in a classification that has suffered a layoff, causing an employee to return to a lower classification or reduction in hours due to layoff, shall be given to any employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated between all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotation.
15.6.4 The District shall not increase the current and existing workload of remaining bargaining unit employees. This does not preclude the changes to assignments within the classification.
15.6.5 The District may use volunteers and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff.
15.6.6 Benefited employees who are laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health and welfare benefits subject to carrier rules and/or COBRA in the event of a layoff if the layoff would make them ineligible for health and welfare benefits. This information will be provided by insurance carrier.
15.6.7 Employees placed on the 60 day layoff notice may use available paid personal leave to seek alternative employment.
15.6.8 In the event of the layoff of bus drivers, the District agrees to allow laid off drivers to participate in in-service trainings in order to keep their certificate current. The District will provide requalification training at the time of reinstatement to Red Bluff Joint Union High School District (if necessary).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Effects of Layoff. 15.6.1 Upon request 20.1 A layoff for purposes of this Article shall be considered as an involuntary separation of a permanent or probationary unit member from active service due to lack of funds and/or lack of work as a result of a bona fide reduction or elimination of the Association within five services performed by any department tor when reemployment, reassignment or displacement (5bumping) working daysrights of a unit member causes such an action.
20.2 Layoffs shall be conducted on a District-wide basis, in reverse order of seniority in the parties job classification in which the layoff occurs.
20.2.1 The unit member who has been employed the shortest time in the class plus higher classes shall meet and negotiate upon be laid off first.
20.2.2 Seniority shall be determined by date of hire for those hired after April 1, 1988.
20.2.3 Other than for the specific impact transition from hours in paid status to date of such hire the layoff upon bargaining unit members to the extent that such matters are within the lawful scope of representation, and is not specified within this Agreementprocess will be done in accordance with past practice or statutory requirement. It is agreed and understood that the District has the right to implement layoffs pursuant to this Article even though specific intent of the parties may to not have concluded the above bargaining concerning the impact alter current employee’s seniority rankings, but to provide an easier method of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects of layoffdealing with seniority.
15.6.2 The District 20.2.4 If two or more unit member subject to layoff have the same date of hire in their classification, the determination for layoff shall not transfer work be district date of hire. If the bargaining unit to certificateddistrict date of hire is the same, confidential, management or supervisory employees, or to volunteers, prisoners, or substitute employees or to other bargaining unit employees in different classifications or sub contract out then the bargaining unit work performed determination for layoff shall be made by laid off employees or employees who have suffered a reduction in hours/work yearlot.
15.6.3 Any extra hours that become available in a classification that has suffered a layoff, causing an employee to return to a lower classification or reduction in hours due to layoff, shall be given to any employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated between all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotation.
15.6.4 The District shall not increase the current and existing workload of remaining bargaining unit employees. This does not preclude the changes to assignments within the classification.
15.6.5 The District may use volunteers and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff.
15.6.6 Benefited employees who are laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health and welfare benefits subject to carrier rules and/or COBRA in the event of 20.3 When a layoff if of unit members is anticipated by the layoff would make them ineligible for health and welfare benefits. This information will be provided by insurance carrier.
15.6.7 Employees placed on the 60 day layoff notice may use available paid personal leave to seek alternative employment.
15.6.8 In the event of the layoff of bus driversadministration, the District agrees to allow laid off drivers provide CSEA written notice of potential layoff of bargaining unit members. The notification will occur no less than seventy two (72) hours before the Board is scheduled to participate in in-service trainings in order to keep their certificate currentconsider the layoff resolution. The District will shall notify the Association in writing by District mail of the proposed action. With such notification, the District shall provide requalification training at the time Association with an updated seniority roster for the classification in which the layoff is anticipated, a list of reinstatement positions and/or hours to Red Bluff Joint Union High School be reduced or eliminated and documents supporting the need for layoff. Upon written request, the District (shall meet with the Association to negotiate the effects and impacts of the proposed layoff.
20.4 Unit members may challenge their place on the seniority roster by making objections to the Personnel Administrator who shall review the objections and conduct an audit if necessaryrequested and make the results of such audit known to the Association and the unit member(s) prior to the effective date of any layoff(s) involving such unit member(s).
20.5 After a Board action has been taken on a layoff, a written notice of layoff shall be sent by certified mail or hand-delivered to affected unit members who are employees of the District, to their last address given to the District on or before March 15, unless the layoff is due to the expiration of specially funded program(s). If the layoff is due to the expiration of specially funded programs(s) notice shall be given, no less than sixty (60) calendar days prior to the effective date of layoff. A termination interview with the Personnel Administrator may be scheduled during normal working hours, if requested by the unit member. A copy of each notice shall be concurrently sent by District mail to the President of the CSEA local chapter..
20.5.1 Such notice shall indicate the layoff effective date and inform the unit member of his/her right to a hearing if applicable, displacement rights, if any, and reemployment rights. The notice shall also include a statement of the unit member’s right to request a termination interview with the Personnel Administrator.
20.6 If during the term of this Agreement it is determined, pursuant to Section 20.4 of this Article that a unit member has been improperly laid off and would have been otherwise entitled to employment, said unit member shall be reemployed immediately upon discovery of the error and shall be reimbursed by the District for any loss of salary. Additionally, seniority, step placement, vacation and sick leave hours shall be reinstated as if there were no interruption in service.
Appears in 1 contract
Samples: Collective Bargaining Agreement
