Establishment of Seniority Lists. 39.3.1 Whenever a layoff of one or more career employees becomes necessary, as defined above, such layoffs shall be made according to City-wide classification seniority lists. Upon receiving notification that the City Manager must proceed with a possible reduction in the work force, and following receipt of information concerning the specific positions, programs, and departments involved, the Human Resources Department will immediately establish separate probationary and permanent seniority lists for each classification targeted for layoff. 39.3.2 The names of all City employees holding permanent and probationary appointments in a given classification will be listed on the appropriate list in descending order by seniority service date. Employees on both lists shall be laid off on the basis of their seniority service date, i.e., employees with the least amount of total service shall be laid off first. All emergency, temporary, and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent employees. Employees on the probationary seniority list for a specific classification will be laid off prior to employees on the permanent seniority list for that classification. 39.3.3 Probationary or permanent employees temporarily acting out of classification and holding a provisional appointment in another classification will only be listed on a seniority list of the classification in which they hold permanent or probationary status targeted for layoff. 39.3.4 If two (2) or more employees on a seniority list have an identical seniority service date, the tie shall be broken in the following order: 39.3.4.1 Time in classification - the employee having least time in the classification shall be released first; 39.3.4.2 By lot.
Appears in 3 contracts
Samples: Memorandum Agreement, Memorandum Agreement, Memorandum Agreement
Establishment of Seniority Lists. 39.3.1 Whenever a layoff of one or more career employees becomes necessary, as defined above, such layoffs shall be made according to City-wide classification seniority lists. Upon receiving notification that the City Manager must proceed with a possible reduction in the work force, and following receipt of information concerning the specific positions, programs, and departments involved, the Human Resources Department will immediately establish separate probationary and permanent seniority lists for each classification targeted for layoff.
39.3.2 The names of all City employees holding permanent and probationary appointments in a given classification will be listed on the appropriate list in descending order by seniority service date. Employees on both lists shall be laid off on the basis of their seniority service date, i.e., employees with the least amount of total service shall be laid off first. All emergency, temporary, and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent employees. Employees on the probationary seniority list for a specific classification will be laid off prior to employees on the permanent seniority list for that classification.
39.3.3 Probationary or permanent employees temporarily acting out of classification and holding a provisional appointment in another classification will only be listed on a seniority list of the classification in which they hold permanent or probationary status targeted for layoff.
39.3.4 If two (2) or more employees on a seniority list have an identical seniority service date, the tie shall be broken in the following order:
39.3.4.1 Time in classification - the employee having least time in the classification shall be released first;
39.3.4.2 By lot4.1 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 classifications 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.
Appears in 3 contracts
Samples: Memorandum Agreement, Memorandum Agreement, Memorandum Agreement
Establishment of Seniority Lists. 39.3.1 39.3.1. Whenever a layoff of one or more career employees becomes necessary, as defined above, such layoffs shall be made according to CityAuthority-wide classification seniority listsSeniority Lists. Upon receiving notification that the City Manager Executive Director must proceed with a possible reduction in the work force, and following receipt of information concerning the specific positions, programs, programs and departments involved, the Human Resources Department person or entity performing human resources functions for the authority will immediately establish separate probationary Probationary and permanent seniority lists Permanent Seniority Lists for each classification targeted for layoff.
39.3.2 39.3.2. The names of all City Authority employees holding permanent and probationary appointments in a given classification will be listed on the appropriate list in descending order by seniority service dateSeniority Service Date. Employees on both lists shall be laid off on the basis of their seniority service dateSeniority Service Date, i.e., employees with the least amount of total service shall be laid off first. All emergency, temporary, Non-career employees and provisional employees temporary agency personnel working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent employees. Employees on the probationary seniority list Probationary Seniority List for a specific classification will be laid off prior to employees on the permanent seniority list Permanent Seniority List for that classificationclass.
39.3.3 39.3.3. Probationary or permanent employees temporarily acting out of classification and holding a provisional appointment in another classification will only be listed on a seniority list Seniority List of the classification class targeted for layoff in which they hold permanent or probationary status. Any provisional appointment must be terminated prior to the retreat or layoff of a career employee with permanent or probationary status targeted for layoffin the same classification.
39.3.4 39.3.4. If two (2) or more employees on a seniority list Seniority List have an identical seniority service dateSeniority Service Date, the tie shall be broken in the following order:
39.3.4.1 39.3.4.1. Time in classification - the employee having least time in the classification class shall be released first;
39.3.4.2 ; 39.3.4.2. By lot.
Appears in 2 contracts
Samples: Memorandum Agreement, Memorandum Agreement
Establishment of Seniority Lists. 39.3.1 60.3.1 Whenever a layoff of one or more career employees becomes necessary, as defined above, such layoffs shall be made according to City-wide classification seniority listsSeniority Lists. Upon receiving notification that the City Manager must proceed with a possible reduction in the work force, and following receipt of information concerning the specific positions, programs, and departments involved, the Human Resources Department will immediately establish separate probationary Probationary and permanent seniority lists Permanent Seniority Lists for each classification targeted for layoff.
39.3.2 60.3.2 The names of all City employees holding permanent and probationary appointments in a given classification will be listed placed on the appropriate list in descending order by seniority service dateSeniority Service Date. Employees on both lists shall be laid off on the basis of their seniority service dateSeniority Service Date, i.e., employees with the least amount of total service shall be laid off first. All emergency, temporary, temporary and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent employees. Employees on the probationary seniority list Probationary Seniority List for a specific classification will be laid off prior to employees on the permanent seniority list Permanent Seniority List for that classificationclass.
39.3.3 60.3.3 Probationary or permanent employees temporarily acting out of classification and holding a provisional appointment in another classification will only be listed only on a seniority list of Seniority List for the classification class in which they hold permanent or probationary status and which is targeted for layoff.
39.3.4 60.3.4 If two (2) or more employees on a seniority list Seniority List have an identical seniority service dateSeniority Service Date, the tie shall be broken in the following order:
39.3.4.1 60.3.4.1 Time in classification - the employee employees having least time in the classification class shall be released first;
39.3.4.2 60.3.4.2 By lot.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Establishment of Seniority Lists. 39.3.1 60.3.1 Whenever a layoff of one or more career employees becomes necessary, as defined above, such layoffs shall be made according to City-wide classification seniority lists. Upon receiving notification that the City Manager must proceed with a possible reduction in the work force, force and following receipt of information concerning the specific positions, programs, and departments involved, the Human Resources Department will immediately establish separate probationary and permanent seniority lists for each classification targeted for layoff.
39.3.2 60.3.2 The names of all City employees holding permanent and probationary appointments in a given classification will be listed on the appropriate list in descending order by City seniority service datedate in the entry-level position and by rank seniority service date in promotional positions. Employees Except as provided in 60.4 below, employees on both all lists shall be laid off on the basis of their seniority service datedates, i.e., employees with the least amount of total service shall be laid off first. All emergency, temporary, and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent employees. Employees on the probationary seniority list for a specific classification will be laid off prior to employees on the permanent seniority list for that classificationclass.
39.3.3 60.3.3 Probationary or permanent employees temporarily acting out of classification and holding a provisional appointment in another classification will only be listed on a seniority list of the classification class in which they hold permanent or probationary status targeted for layoff.
39.3.4 60.3.4 If two (2) or more employees on a seniority list have an identical seniority service date, the tie shall be broken in the following order:
39.3.4.1 Time in classification - : If an employee has taken the one-year written probationary examination, the score on that examination will be used to break ties. If an employee having least time in has not taken that examination, then the classification written entrance examination and agility test scores shall be released first;
39.3.4.2 By lotused to break ties; the written exam and the agility test will be equally considered.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Establishment of Seniority Lists. 39.3.1
60.3.1 Whenever a layoff of one or more career employees becomes necessary, as defined above, such layoffs shall be made according to City-wide classification seniority listsSeniority Lists. Upon receiving notification that the City Manager must proceed with a possible reduction in the work force, and following receipt of information concerning the specific positions, programs, and departments involved, the Human Resources Department will immediately establish separate probationary Probationary and permanent seniority lists Permanent Seniority Lists for each classification targeted for layoff.
39.3.2 60.3.2 The names of all City employees holding permanent and probationary appointments in a given classification will be listed placed on the appropriate list in descending order by seniority service dateSeniority Service Date. Employees on both lists shall be laid off on the basis of their seniority service dateSeniority Service Date, i.e., employees with the least amount of total service shall be laid off first. All emergency, temporary, temporary and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent employees. Employees on the probationary seniority list Probationary Seniority List for a specific classification will be laid off prior to employees on the permanent seniority list Permanent Seniority List for that classificationclass.
39.3.3 60.3.3 Probationary or permanent employees temporarily acting out of classification and holding a provisional appointment in another classification will only be listed only on a seniority list of Seniority List for the classification class in which they hold permanent or probationary status and which is targeted for layoff.
39.3.4 60.3.4 If two (2) or more employees on a seniority list Seniority List have an identical seniority service dateSeniority Service Date, the tie shall be broken in the following order:
39.3.4.1 60.3.4.1 Time in classification - the employee employees having least time in the classification class shall be released first;
39.3.4.2 60.3.4.2 By lot.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Establishment of Seniority Lists. 39.3.1 Whenever a layoff of one or more career employees becomes necessary, as defined above, such layoffs shall be made according to City-wide classification seniority lists. Upon receiving notification that the City Manager must proceed with a possible reduction in the work force, and following receipt of information concerning the specific positions, programs, and departments involved, the Human Resources Department will immediately establish separate probationary and permanent seniority lists for each classification targeted for layoff.
39.3.2 The names of all City employees holding permanent and probationary appointments in a given classification will be listed on the appropriate list in descending order by seniority service date. Employees on both lists shall be laid off on the basis of their seniority service date, i.e., employees with the least amount of total service shall be laid off first. All emergency, temporary, and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent employees. Employees on the probationary seniority list for a specific classification will be laid off prior to employees on the permanent seniority list for that classification.
39.3.3 Probationary or permanent employees temporarily acting out of classification and holding a provisional appointment in another classification will only be listed on a seniority list of the classification in which they hold permanent or probationary status targeted for layoff.
39.3.4 If two (2) or more employees on a seniority list have an identical seniority service date, the tie shall be broken in the following order:
39.3.4.1 Time in classification - the employee having least time in the classification shall be released first;; 39.4 Employee Retreat Rights
39.3.4.2 By lot39.4.1 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 classifications 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.
39.4.2 In the process of retreating, the same rules concerning the length of service, classification seniority lists, etc., apply as in the 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 incumbents on the probationary or permanent seniority list for that classification.
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 to determine the final placement offer to the employee.
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.
Appears in 1 contract
Samples: Memorandum Agreement
Establishment of Seniority Lists. 39.3.1
60.3.1 Whenever a layoff of one or more career employees becomes necessary, as defined above, such layoffs shall be made according to City-wide classification seniority lists. Upon receiving notification that the City Manager must proceed with a possible reduction in the work force, force and following receipt of information concerning the specific positions, programs, and departments involved, the Human Resources Department will immediately establish separate probationary and permanent seniority lists for each classification targeted for layoff.
39.3.2 60.3.2 The names of all City employees holding permanent and probationary appointments in a given classification will be listed on the appropriate list in descending order by City seniority service datedate in the entry-level position and by rank seniority service date in promotional positions. Employees Except as provided in 60.4 below, employees on both all lists shall be laid off on the basis of their seniority service datedates, i.e., employees with the least amount of total service shall be laid off first. All emergency, temporary, and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent employees. Employees on the probationary seniority list for a specific classification will be laid off prior to employees on the permanent seniority list for that classificationclass.
39.3.3 60.3.3 Probationary or permanent employees temporarily acting out of classification and holding a provisional appointment in another classification will only be listed on a seniority list of the classification class in which they hold permanent or probationary status targeted for layoff.
39.3.4 60.3.4 If two (2) or more employees on a seniority list have an identical seniority service date, the tie shall be broken in the following order:
39.3.4.1 Time in classification - : If an employee has taken the one-year written probationary examination, the score on that examination will be used to break ties. If an employee having least time in has not taken that examination, then the classification written entrance examination and agility test scores shall be released first;
39.3.4.2 By lotused to break ties; the written exam and the agility test will be equally considered.
Appears in 1 contract
Samples: Memorandum of Understanding