Common use of Job Preference Clause in Contracts

Job Preference. The following rules shall be applied in the layoff process: 1. At no time is the incumbent whose position is being eliminated or being bumped required to accept a position with fewer hours per year than his or her current position. 2. An employee that chooses to bump into a position below them on the seniority list must bump into the complete position (hours worked per year, pay rate, etc.) of the position being bumped. The employee would also give up rights to their existing position unless (a) none of the positions left below them are equal to their current position in hours or (b) no positions are left for them to bump into. 3. The employee has the option to accept a position with fewer hours per year but would lose their recall rights unless the conditions are met of #2. 4. Any increase or decrease in an employee’s hourly rate in the new position shall have no bearing on the layoff process. Instead, an employee’s ability to bump another is dependent upon the following two factors: (a) seniority and (b) must also be qualified for the position. 5. Only one bump per employee shall be allowed during the reduction process. 6. If more than one employee is affected by a specific reduction, the most senior employee will be given the first choice of positions.