LAY-OFF AND DISPLACEMENT Clause Samples
The "Lay-Off and Displacement" clause defines the procedures and rights related to temporarily or permanently reducing the workforce due to business needs, such as lack of work or organizational restructuring. It typically outlines how employees are selected for lay-off or displacement, the notice requirements, and any rights to recall or reassignment. For example, it may specify that seniority is considered when determining which employees are affected, and detail the process for returning to work if positions become available. The core function of this clause is to provide a fair and transparent framework for managing workforce reductions, minimizing disputes, and protecting both employer and employee interests during periods of operational change.
LAY-OFF AND DISPLACEMENT. A regular unrestricted employee who is unscheduled for seven (7) consecutive days within their classification may elect to be placed on layoff status, or alternatively:
LAY-OFF AND DISPLACEMENT. A. If it becomes necessary to layoff members of the bargaining unit because of reduction in client enrollment, or a change in the program of the Board, a return from a leave of absence, or as otherwise noted in Article II, the following procedures will be followed:
1. Reduction in force shall be defined as the employment of fewer bargaining unit members in an area of classification or program area.
2. Reductions shall first be accomplished by "attrition" - if possible.
3. The least senior bargaining unit employee in the position to be reduced shall receive a layoff notice with at least thirty (30) calendar days notice and shall be given seven (7) calendar days in which to exercise his/her displacement rights. Said rights shall be explained in the notice. The Association shall immediately be notified when a bargaining unit member is receiving a layoff notice.
B. If the bargaining unit member is the least senior in his/her classification, the bargaining unit member shall have the right to displace the least senior bargaining unit member in a different classification but within his/her program. The member shall meet the minimum qualifications for the position and the displacement shall not result in a promotion.
C. A laid-off bargaining unit member may also elect to:
1. displace a part time bargaining unit member within the same classification or a different classification within the program area if he/she meets the minimum requirements according to the sequence above.
2. displace a full time or part time "temporary" bargaining unit member who has not completed his/her probationary period for the duration of the temporary assignment and any extension thereof with the same limitations as C.1.
D. Bargaining unit members who have been laid-off or displaced to a different classification shall be placed on a recall list for their original classification in the lay-off/displacement order.
E. If a bargaining unit member declines recall in his/her original classification - he/she has resigned the original classification.
F. While on lay off, a bargaining unit member will have the option to remain an active participant in the insurance programs per the provisions of COBRA.