PERSONNEL REDUCTION Section 1. In the case of a personnel reduction, probationary employees in the classification to be reduced shall be laid off first. Thereafter, the employee in the classification to be reduced with the least seniority shall be laid off first. Battalion Chiefs with the least seniority in the rank of Battalion Chief shall be reduced to the highest rank they previously held and are currently qualified for or may become qualified for within three (3) months or such extension of time as may be agreed to by the Fire Rescue Administrator and the Union President. For purposes of this Article, employees who have a needs improvement or unacceptable performance evaluation during the most recent annual evaluation may have their seniority reduced by one year. For purposes of this Article, assigned Paramedics shall be considered a classification only in order to prevent the number of Paramedics from being reduced below State requirements.
Section 2. Employees who are laid off from their classifications may bump into the next lower classification in which case they may bump the most junior employee in the classification if that junior employee has less seniority.
Section 3. Employees who are laid off, or who have bumped into the next lower classification, shall be recalled to their original classification in the reverse order in which they were laid off or bumped (last laid off or bumped, first recalled) provided they meet the requirements to perform the work. Employees on layoff or who have been bumped, shall be offered recall before employees are hired into their classification, or shall be offered a new position in another lateral or lower classification for which they are qualified before new employees are hired into the other classification.
Section 4. Employees who are laid off shall be paid one hundred (100%) percent of accrued vacation leave.
Section 5. In the case of a personnel reduction in the rank of District Chief, those District Chief(s) identified by the Fire Rescue Administrator who were promoted to that rank before July 14, 2000, and District Chiefs appointed to the rank as a result of municipal mergers, shall be reduced to the rank of Battalion Chief. Such reduction shall not adversely affect the wages, hours, and terms and conditions of employment of any other bargaining unit employee.
Section 6. Employees promoted to the rank of District Chief after July 13, 2000, who are affected by a personnel reduction in the rank of District Chief, shall be reduced to the classification previously held, or another position for which they have successfully tested, in accordance with the provisions of this Article. No personnel in the classification to which the employee is returned shall be removed, and any over-staffing shall be addressed through attrition. District Chiefs may sit for promotional examinations for positions of lower rank within the bargaining unit and will be considered to have obtained that status upon successful promotion of any employee with a lesser standing on that promotion register.
Section 7. The protection afforded to other bargaining unit employees in sections 5 and 6 above, shall not apply in the event of a workforce reduction that affects all ranks.
Staff Reduction 14.01 In the event of a layoff, the Employer shall give the employee(s) affected the required notice under the Employment Standards Act and will give as much additional notice to the Union that is reasonably possible in all of the circumstances.
14.02 Part-time and probationary employees shall be laid off first provided there are sufficient qualified employees with seniority who are able to do the required work. In the event there is a requirement for further reductions in staff, employees shall be laid off in inverse order of company seniority, provided the remaining employees are qualified and able to perform the required work. An employee whose position is abolished or who is displaced shall be entitled to exercise his/her company seniority rights and displace the most junior employee in the bargaining unit, provided he/she is either qualified to do the required work or can be qualified with minimal training.
14.03 When an employee is laid off, the employee will immediately register his/her name with the Employer in order that he/she may be notified of any work available. Laid off employees will, if qualified and able to perform the required work, be returned to work in order of company seniority when staff covered by this Agreement is increased, or vacancies occur.
(a) An Employee who is unemployed at the time of a recall must report for duty within forty-eight (48) hours of being contracted unless the employee can provide a valid and satisfactory reason to the Employer for not doing so.
(b) An employee who is employed at the time of recall must report for duty or give a satisfactory reason to the Employer for not doing so within eight (8) days from the date of mailing the notification to report by registered mail to the employee’s last known address.
(c) It shall be the employee’s responsibility to keep the Employer notified of his/her current telephone number as well as his address so that they will be up to date at all times.
(d) In the event an employee does not report or provide a satisfactory reason for failing to do so under (a) or (b) above, the employee shall forfeit his/her seniority rights under this Agreement and his/her employment shall be deemed to be terminated.
Financial Reductions Notwithstanding any other provision of this Agreement, and at the discretion of the Funder, the HSP may be subject to a financial reduction in any of the following circumstances: its CAPS is received after the due date; its CAPS is incomplete; the quarterly performance reports are not provided when due; or financial or clinical data requirements are late, incomplete or inaccurate, where the errors or delay were not as a result of Funder actions or inaction or the actions or inactions of persons acting on behalf of the Funder. If assessed, the financial reduction will be as follows: if received within 7 Days after the due date, incomplete or inaccurate, the financial penalty will be the greater of (1) a reduction of 0.02 percent (0.02%) of the Funding; or (2) two hundred and fifty dollars ($250.00); and for every full or partial week of non-compliance thereafter, the rate will be one half of the initial reduction.
Reduction of Compensation If the Firm fails to meet the submission date by less than thirty days for the draft report and/or working papers submitted to the Office of the State Auditor for review and approval or by less than thirty days from the completion date for the final reports and/or corrections to the working papers prescribed herein, the District may, with the consent of the Office of the State Auditor, reduce the agreed compensation by an amount not to exceed ten percent of the total contract price for the applicable fiscal year. If reports and/or corrections to the working papers are overdue by 30 days or more, the District may reduce, with the consent of the Office of the State Auditor, the agreed compensation by an amount not to exceed twenty percent of the total contract price for the Rev. 10/20 applicable fiscal year.
Reduction A. No regular employee or limited-term regular employee shall be reduced to a position in a lower class for reasons of unsatisfactory performance or physical disability except for reasonable cause.
B. A written notice of such reduction stating specifically the cause of the reduction shall be given to the employee.
C. In accordance with the provisions of Article X, an appeal of reduction for reasons of unsatisfactory performance or physical disability shall be initiated at the Step 2 of the grievance/appeal procedure; except for reductions imposed by the County Executive Officer which may be referred directly to arbitration.
