Common use of Employee Retreat Rights Clause in Contracts

Employee Retreat Rights. 60.4.1 Before an employee with permanent or probationary status may be released from employment with the City of Berkeley, the Human Resources Department must consider the employee's right to retreat to lower-level classification through which he or she was originally promoted or any subsequently created intermediate-level career classification which provides normal progression through the classification series. Retreat rights shall also extend to employees who have not previously been promoted through a classification but for whom the classification is a natural progression or beginning in the classification series. 60.4.2 In the process of retreating, the rank seniority date list shall be utilized. Employees with the least amount of rank seniority shall retreat first; provided, however, that a retreat from any rank below the employee's current rank shall be based on a rank seniority date which is derived from combination of all credited service in the rank to which the employee has retreated and all credited service in higher ranks held on a probationary or permanent basis. Retreat rights to the rank of permanent Fire Apparatus Operator will be available only to employees who have previously held this rank on a permanent or probationary basis. There shall be no retreat rights to appointed ranks or positions, i.e., Assistant Fire Marshal, Assistant Director of Training. 60.4.3 If an employee is qualified for retreat into more than one classification with comparable salary ranges or if a vacancy exists in a classification to which an employee is entitled to retreat, the options shall be discussed with the employee, and due consideration shall be given to the employee's preferences. However, it is the prerogative of the City Manager to determine the final placement offer to the employee. 60.4.4 The retreating employee has a right to be retained in the highest salary range possible which is equal to or less than his or her present salary range. An employee involved in layoff does not have a right of mandatory placement to positions with a higher salary range, i.e., promotion.

Employee Retreat Rights. 60.4.1 39.4.1. Before an employee with permanent or probationary status may be released from employment with the City of BerkeleyAuthority, the Human Resources Department person or entity performing human resources functions for the Authority must consider the employee's right to retreat to lower-lower level classification through which he or she was originally promoted or any subsequently created intermediate-intermediate level career classification which provides normal progression through the classification series. Retreat rights shall also extend to employees who have not previously been promoted through a classification but for whom the classification is a natural progression or beginning in the classification series. 60.4.2 39.4.2. In the process of retreating, the rank seniority date list shall be utilized. Employees with same rules concerning the least amount length of rank seniority shall retreat first; providedservice, howeverclassification, that a retreat from any rank below the employee's current rank shall be based on a rank seniority date which is derived from combination of all credited service Seniority Lists, etc., apply as in the rank first stage of the layoff process. In order to retreat, the targeted employee must be higher on the Seniority List for the classification into which he or she is retreating than at least one of the employee has retreated and all credited service in higher ranks held incumbents on a the probationary or permanent basis. Retreat rights to the rank of permanent Fire Apparatus Operator will be available only to employees who have previously held this rank on a permanent or probationary basis. There shall be no retreat rights to appointed ranks or positions, i.e., Assistant Fire Marshal, Assistant Director of TrainingSeniority List for that class. 60.4.3 39.4.3. If an employee is qualified for retreat into more than one classification with comparable salary ranges or if a vacancy exists in a classification to which an employee is entitled to retreat, the options shall be discussed with the employee, and due consideration shall be given to the employee's preferences. However, it is the prerogative of the City Manager Executive Director to determine the final placement offer to the employee. 60.4.4 39.4.4. The retreating employee has a right to be retained in the highest salary range possible which is equal to or less than his or her present salary range. An employee involved in layoff does not have a right of mandatory placement to positions with a higher salary range, i.e., promotion.

Employee Retreat Rights. Out Placement‌ 60.4.1 Before an employee with permanent or probationary status may be released from employment with the City of Berkeley, the Human Resources Department must consider the employee's right to retreat to lower-lower level classification classifications through which he or she was originally promoted promoted, or any subsequently created intermediate-intermediate level career classification which provides normal progression through the classification series. Retreat rights shall also extend to employees who have not previously been promoted through a classification but for whom the classification is a natural progression or beginning in the classification series. Single position classifications, such as division heads, are not considered part of a classification series as specified by this Section. In addition to providing the employee with the appropriate retreat offer, when it is determined to be in the best interest of the service, the City Manager may authorize the Human Resources Department to offer the affected employee the option of out placement. The out placement offer would provide a designated amount of funds to be paid to the employee for use by the employee for career development. The employee could either accept the retreat offer (offer to bump another employee) or accept the out placement offer. If the employee accepts the out placement offer, the employee forfeits his or her rights under the layoff policy and will be laid off without rights to reinstatement. 60.4.2 In the process of retreating, the rank seniority date list shall be utilized. Employees with same rules concerning the least amount length of rank seniority shall retreat first; providedservice, howeverclassification, that a retreat from any rank below the employee's current rank shall be based on a rank seniority date which is derived from combination of all credited service Seniority Lists, etc., apply as in the rank first stage of the layoff process. In order to retreat, the targeted employee must be higher on the Seniority List for the classification into which he or she is retreating than at least one of the employee has retreated and all credited service in higher ranks held incumbents on a the probationary or permanent basis. Retreat rights to the rank of permanent Fire Apparatus Operator will be available only to employees who have previously held this rank on a permanent or probationary basis. There shall be no retreat rights to appointed ranks or positions, i.e., Assistant Fire Marshal, Assistant Director of TrainingSeniority List for that class. 60.4.3 If an employee is qualified for retreat into more than one classification with comparable salary ranges ranges, or if a vacancy exists in a classification to which an employee is entitled to retreat, the options shall be discussed with the employee, employee and due consideration shall be given to the employee's preferences. However, it is the prerogative of the City Manager to determine the final placement offer to the employee. 60.4.4 The retreating employee has a right to be retained in the highest salary range possible which is equal to or less than his or her present salary range. An employee involved in layoff does not have a right of mandatory placement to in positions with a higher salary range, i.e., promotion. 60.4.5 An employee who is transferred in lieu of layoff when his or her position has been abolished because of reductions in force shall have automatic return rights to the previous position, if it is restored within one (1) year of the date of the transfer.

Employee Retreat Rights. 60.4.1 Before an employee with permanent or probationary status may be released from employment with the City of Berkeley, the Human Resources Department must consider the employee's right to retreat to lower-level classification through which he or she was originally promoted or any subsequently created intermediate-level career classification which provides normal progression through the classification series. Retreat rights shall also extend to employees who have not previously been promoted through a classification but for whom the classification is a natural progression or beginning in the classification series. 60.4.2 In the process of retreating, the rank seniority date list shall be utilized. Employees with the least amount of rank seniority shall retreat first; provided, however, that a retreat from any rank below the employee's current rank shall be based on a rank seniority date which is derived from combination of all credited service in the rank to which the employee has retreated and all credited service in higher ranks held on a probationary or permanent basis. Retreat rights to the rank of permanent Fire Apparatus Operator will be available only to employees who have previously held this rank on a permanent or probationary basis. There shall be no retreat rights to appointed ranks or positions, i.e., Assistant Fire Marshal, Assistant Director of Training. 60.4.3 If an employee is qualified for retreat into more than one classification with comparable salary ranges or if a vacancy exists in a classification to which an employee is entitled to retreat, the options shall be discussed with the employee, and due consideration shall be given to the employee's preferences. However, it is the prerogative of the City Manager to determine the final placement offer to the employee. 60.4.4 The retreating employee has a right to be retained in the highest salary range possible which is equal to or less than his or her present salary range. An employee involved in layoff does not have a right of mandatory placement to positions with a higher salary range, i.e., promotion. 60.4.5 Retreat rights associated with other activities (such as reassignments) are discussed in Section 32.9.

Employee Retreat Rights. ‌ 60.4.1 Before an employee with permanent or probationary status may be released from employment with the City of Berkeley, the Human Resources Department must consider the employee's right to retreat to lower-level classification through which he or she was originally promoted or any subsequently created intermediate-level career classification which provides normal progression through the classification series. Retreat rights shall also extend to employees who have not previously been promoted through a classification but for whom the classification is a natural progression or beginning in the classification series. 60.4.2 In the process of retreating, the rank seniority date list shall be utilized. Employees with the least amount of rank seniority shall retreat first; provided, however, that a retreat from any rank below the employee's current rank shall be based on a rank seniority date which is derived from combination of all credited service in the rank to which the employee has retreated and all credited service in higher ranks held on a probationary or permanent basis. Retreat rights to the rank of permanent Fire Apparatus Operator will be available only to employees who have previously held this rank on a permanent or probationary basis. There shall be no retreat rights to appointed ranks or positions, i.e., Assistant Fire Marshal, Assistant Director of Training. 60.4.3 If an employee is qualified for retreat into more than one classification with comparable salary ranges or if a vacancy exists in a classification to which an employee is entitled to retreat, the options shall be discussed with the employee, and due consideration shall be given to the employee's preferences. However, it is the prerogative of the City Manager to determine the final placement offer to the employee. 60.4.4 The retreating employee has a right to be retained in the highest salary range possible which is equal to or less than his or her present salary range. An employee involved in layoff does not have a right of mandatory placement to positions with a higher salary range, i.e., promotion.