LAY-OFF AND RECALL. A. The Superintendent (or his/her designee) may lay off any employee by reason of elimination of position, shortage of work or shortage of funds. The employee shall remain on lay off status for a period of one calendar year. Employees on lay off status shall retain, but not utilize, accrued sick leave and shall be paid off for any accrued annual leave. B. An employee shall not be laid off while there are temporary employees, or probationary employees serving in the same position classification at the same site. For purposes of this Article, Kotzebue shall be considered one site. C. The order to lay off shall be by position classification at the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service. E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file. F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
Appears in 6 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
LAY-OFF AND RECALL. A. The Superintendent (or his/her designee) may lay off any employee by reason If it becomes necessary to reduce the number of elimination employees in a job classification due to abolishment of position, shortage of work or shortage lack of funds, or lack of work, the following procedure shall govern such lay-off.
1. The number of people affected by reduction in the force will be kept to a minimum by not employing replacements in so far as practical of employees who resign, retire, or otherwise vacate a position.
2. Whenever it becomes necessary to lay-off employees by reasons as stated above, affected employees shall be laid off according to seniority within the job classification, with the least senior employee laid off first. Seniority shall be defined as the uninterrupted length of continuous service with the board of education in the particular job classification computed from the latest date of hire or appointment to their present classification. Authorized leaves of absence shall not constitute an interruption in continuous service, but time spent on such leaves shall not be computed for seniority purposes. See Article 36 for determination of identical seniority.
3. The following classifications shall be used for the purpose of defining classification seniority in the event of lay-off: Building Custodians Cafeteria Personnel Media Aides Bus Drivers Cleaning Personnel Playground Aides Bus Mechanic Custodial Personnel Secretaries
4. The board of education shall determine in which classification the lay-off should occur and the number of employees to be laid off. In the classifications of lay-off, employees on probation shall be laid off before any employee in that classification employed under a continuing contract is laid off.
5. Twenty (20) days prior to the effective date of lay-off, the board of education shall prepare and post for inspection in a conspicuous place a list containing the names, seniority dates, and classifications, and indicate which employees are to be laid off. Each employee to be laid off shall be given advance notice of the lay-off. Each notice of lay-off shall state the following:
a. Reason for the lay-off or reduction.
b. The effective date of lay-off.
c. A statement advising the employee of their rights of reinstatement from the lay-off.
6. Employees who are laid-off according to this article may bump the least senior employee in a classification previously held by said laid-off employee, so long as, the laid-off employee is more senior than the employee they wish to bump.
7. Reduced employee(s) shall remain on lay off status the recall list for a period of one calendar yeartwenty-four (24) months beginning the effective date of the layoff. Employees on lay off status shall retain, but not utilize, accrued sick leave and shall be paid off for any accrued annual leavenotified of said recall by US Certified Mail to their last known address.
B. An 8. Any employee effected by the Reduction-In-Force shall have the right to volunteer to be placed on the recall list if he/she does not wish to bump. Once an employee chooses to be placed on the recall list that employee shall not be laid off while there are temporary employees, or probationary employees serving in the same position classification at the same site. For purposes of this Article, Kotzebue shall be considered one siteallowed to bump another employee.
C. The order to lay off shall be by position classification at the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file.
F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
LAY-OFF AND RECALL. A. The Superintendent (or his/her designee) may word “lay off any employee by reason of elimination of position, shortage off” means a reduction in the working force due to a reduction of work or shortage a lack of funds. The employee Board alone shall remain on have the right to determine when and if any of its employees are to be subject to any lay off status for a period of one calendar year. Employees on lay off status shall retainoff, but not utilize, accrued sick leave and shall be paid off for any accrued annual leavethe sole judge of how long such conditions shall continue.
B. An employee If it becomes necessary to reduce the working staff by means of a “lay off” the probationary employees within the affected classifications shall not be laid off while there before any employees with seniority are temporary employees, or probationary so affected. Seniority employees serving shall be laid off according to seniority within the classification in the same position classification at department. Each level within the same site. For purposes of this Article, Kotzebue shall be secretarial unit is considered one sitea separate classification.
C. The order laid off employee may claim seniority over an employee with the least seniority within the classification providing he/she is qualified and can perform the work. A trial period of thirty (30) working days may be granted when a question arises concerning the employee’s ability and/or qualifications.
D. The seniority employee may elect the option to accept lay off, but in either case the laid off employee must inform the Board and the Association of his/her decision within seven (7) days of the layoff notification.
E. Employees to be laid off shall be by position classification at the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, the Superintendent shall give given at least fourteen two (142) calendar days written weeks’ notice prior to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel filelayoff.
F. An employee on the lay-off list shall be offered reappointment reassigned to a vacant position classification openings available at the time of lay off for which qualifiedthe employee is qualified before a new employee is hired. Any employee who assumes a new job assignment due to the layoff procedure will also assume the salary rate for that position. Employees who are laid off or reduced in rank and/or compensation as provided herein shall retain the right of recall to their former (or equivalent) position.
G. When the working force is increased after a layoff, based upon employees will be recalled in order according to seniority and personnel file documented performance as determined by within the Superintendentdepartment. Such determination shall not be arbitrary or capricious. The offer Notice of reappointment recall shall be in writing and mailed/delivered sent to the employee’s employee at the last known addressaddress by registered or certified mail. If the an employee does not accept such reappointment fails to report for work within one week ten (10) days from date of receipt of the offermailing notice, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated to have resigned. Extension may be granted by the employer in proper cases.
H. Laid off employees shall retain their seniority and accumulated sick days for a period of two (2) years from date of lay off or length of seniority, whichever is greater. However, sick time or vacation time shall not accumulate during the lay off period. (See Appendix C. Letter of Understanding) An employee on lay off shall be allowed to purchase health insurance at the group rate subject to the regulations of the insurance carrier.
I. In the event of temporary layoffs due to acts or occurrences not initiated or controlled by the Board, the employees immediately affected may be laid off without prejudiceregard for seniority for a period not to exceed the act or occurrence. Temporary layoffs which exceed the one (1) week period shall thereupon be regulated by seniority application.
J. Laid off employees that are called in as substitutes shall receive fifteen (15) cents above the base in the classification in which assigned.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
LAY-OFF AND RECALL. A. 10.1 All bargaining unit members shall be employees of the Willard City Board of Education.
10.2 If it becomes necessary to reduce the number of employees in a job classification due to the return to duty of an employee from an approved leave of absence, the suspension of schools, territorial changes affecting the District, decreased enrollment of pupils, or financial reasons, the following procedure shall govern such lay-off. Any employee affected by this action shall have the ability to bump an employee with less seniority within the same classification.
10.3 The Superintendent (number of people affected by reduction in the force will be kept to a minimum by not employing replacements in so far as practical when employees resign, retire, or his/her designee) may otherwise vacate a position.
10.4 Whenever it becomes necessary to lay off any employees for reasons as stated above, affected employees shall be laid off according to seniority within the job classification, with the least senior employee by reason laid off first. Seniority shall be defined as the uninterrupted length of elimination continuous service with the Board of position, shortage Education in the particular job classification computed from the latest date of work hire or shortage appointment to their present classification. Authorized leaves of funds. The employee absences shall remain on lay off status for a period of one calendar year. Employees on lay off status shall retainnot constitute an interruption in continuous service, but not utilize, accrued sick leave and shall be paid off for any accrued annual leave.
B. An employee time spent on such leaves shall not be laid off while there are temporary employees, or probationary employees serving in computed for seniority purposes. In the same position classification at the same site. For purposes of this Article, Kotzebue shall be considered one site.
C. The order to lay off shall be by position classification at the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, identical seniority the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy date and time of the notice original application will be placed in the member’s personnel file.
F. An employee on the lay-off list shall be offered reappointment used to position classification openings for determine which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudicelaid off first.
10.5 The following classifications shall be used for the purpose of defining classification seniority in the event of a lay-off:
A. Bus Drivers G. Bus Mechanic
B. Custodians H. Bus Mechanic Helper C. Cooks I. Building Maintenance D. Secretaries X. Building Maintenance Helper E. Library Xxxxx, X. Food Service Driver Study Hall Supervisors L. Attendance Officer
Appears in 2 contracts
Samples: Negotiations Agreement, Negotiations Agreement
LAY-OFF AND RECALL. A. The Superintendent (or his/her designee) may lay off any employee by reason of elimination of position, shortage of work or shortage of fundsSection 1. The employee District-wide seniority shall remain on lay off status for a period of one calendar year. Employees on lay off status shall retain, but not utilize, accrued sick leave and shall be paid off for any accrued annual leave.
B. An employee shall not be laid off while there are temporary employees, or probationary employees serving prevail in the same position classification at the same site. For purposes of this Article, Kotzebue shall be considered one site.
C. The order to lay off shall be by position classification at the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file.
F. An employee on the lay-off list shall and in the rehiring of employees on lay-off.
Section 2. Employees to be offered reappointment to position classification openings laid-off for which qualified, based upon seniority and personnel file documented performance as determined by an indefinite period of time will have at least seven (7) calendar days’ notice of the Superintendent. Such determination shall not be arbitrary or capriciouslay-off. The offer Local Union shall receive a list from the school district of reappointment shall be in writing and mailed/delivered the employees being laid-off on the same date the notices are issued to the employee’s last known addressemployees.
Section 3. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee The Employer will be removed from required to give at least five (5) calendar days’ notice of the lay-off when, due to unexpected circumstances (such as work stoppages) there must be a short-term cut back in employees.
Section 4. When the working force is increased after a lay-off, employees will be recalled according to seniority. Notice of recall shall be sent to the employee at his last known address by registered or certified mail. If an employee fails to report for work within ten (10) days from the date of mailing of the notice of recall, he shall be considered a quit. Benefits will not be paid to two (2) employees for the same position.
Section 5. If an employee suffers a reduction in hours or their position is eliminated they shall be allowed to bump in accordance with this Section. They shall first bump within their classification using classification seniority. If they cannot bump within their classification, they may bump district-wide exercising district seniority provided that the employee is qualified.
(1) Any employee laid-off or issued a lay-off notice may within five (5) work days of receipt of said notice, “bump” any employee within the unit who has less district- wide seniority provided the employee is qualified for the position.
(2) Any employee so “bumped” may bump another employee until all the jobs have been filled.
(3) Any employee not desiring to bump shall be voluntarily laid off and placed on a preferred eligibility list for recall to any subsequent vacancy in his classification, shall be notified by the Board of all such subsequent vacancies, and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.granted five
Appears in 1 contract
Samples: Master Agreement
LAY-OFF AND RECALL. A. When layoffs become necessary, Management will first notify the Union Chapter Chair and/or Vice Chair. The Superintendent affected employees shall be notified by certified letter or by personal contact at which time the employee would sign for the notification with the presenter. An employee being laid off will be notified at least thirty (or his30) calendar days prior to the effective date and time. The employee is responsible to ensure the employer has their correct address.
B. Seniority within job classifications shall prevail in the layoff/her designee) may lay off any employee by reason recall of elimination employees. In reducing the work force of position, shortage a job classification because of lack of work or shortage other legitimate cause, the employee with the least amount of fundsseniority shall be the first employee laid off. The employee laid off with the most seniority in the job classification shall be the first employee recalled. Recalls will be made by certified or hand-delivered letter for which the employee would sign. In the layoff and recall of laid off personnel, the particular work performed by said employee shall be considered an important factor to be decided upon by the Union and Employer.
C. Each employee being recalled must be notified by certified mail, return receipt requested, and the last known address shall be used. Non-delivery of the certified letter shall be considered as a failure to respond within the time limit and shall result in voluntary resignation.
D. When the employee is laid off, they shall be permitted to exercise seniority to bump into their former classification held within the school district provided they meet the qualifications.
E. An employee who is laid off under the terms of the contract and works as a substitute in a bargaining unit position during the period of layoff shall be paid at step one (1) of the current contract in the classification in which they are subbing.
F. If recalled employee does not respond within ten (10) working days of post-xxxx of certified letter recalling laid off employee, the laid off non-responding employee shall have voluntarily resigned.
G. An employee in a layoff status will remain on lay off status the recall list for a period of one calendar year. Employees on lay off status shall retainfive (5) years.
H. When an employee is in a layoff status, but not utilize, accrued sick leave and his/her seniority shall be paid off for any accrued annual leavefrozen until such time as they are recalled to work.
B. I. An employee shall not be on a leave of any kind is subject to the layoff and recall procedure.
J. Non-acceptance of a temporary position of four (4) weeks or longer in the classification group from which employee was laid off while there are temporary employees, or probationary employees serving will result in the same position classification employee being removed from the recall list.
K. An employee recalled from layoff shall be reinstated at the same site. For purposes of this Article, Kotzebue hourly rate as when laid off.
L. An employee recalled from layoff shall be considered one siteeligible for a step increase on the anniversary of original hire date (not including the time laid off).
C. The order to lay M. When a laid off employee is recalled all fringe benefits shall be by position classification at prorated accordingly within the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capriciousfirst year.
D. Seniority N. The district shall be determined by notify the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods Union of nine and ten month bargaining unit members do not constitute a break in serviceall recalls.
E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file.
F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
Appears in 1 contract
Samples: Master Agreement
LAY-OFF AND RECALL. A. The Superintendent (LAY-OFF In the cases of lay-off, either temporary or his/her designee) may lay permanent, all probationary employees shall be laid off any employee by reason first. In the event of elimination lay-offs, the person with the lowest grade within the job classification will be laid off first, regardless of position, shortage of work or shortage of funds. The employee shall remain on lay off status for a period of one calendar yearAuthority seniority. Employees on lay off status with higher Authority seniority in one classification shall retainhave the right to bump, but not utilizeif they qualify, accrued sick leave and shall be paid off for any accrued annual leave.
B. An employees in another classification. However, a senior employee shall with qualification will not be laid off while there are temporary employeesfrom the Authority. The last employee to be laid off shall be the first to be recalled in accordance with seniority in their job classification. If an employee fails to report for work within 10 working days after notification by certified mail, or probationary employees serving in return receipt requested, has been sent to his/her last known address on file with the Authority, and similar notice of the same has been sent to the Union, that a position classification at the same site. For purposes of this Articleis open, Kotzebue said employee shall be considered one site.
C. terminated. When it becomes necessary to reduce the number of employees the least employee(s) shall bump employees with less seniority provided that the bumping employees affected possess the minimum qualifications to perform the job. The order to lay off rate of pay shall be the regular rate of pay for the job assumed. The Authority shall notify the Union, in writing, at least one (1) week prior to any permanent lay off. This notification shall not apply for any layoff (permanent) where work is not available due to circumstances beyond the control of the Authority; i.e. such as fire, labor dispute, equipment, or power failure, which arose too suddenly to permit such notice. Nevertheless, such notice still shall be given as soon as possible. The Union shall be notified immediately of any recall. Employees to be recalled from layoff may be notified by position classification at the same site, based upon seniority and personnel file documented performance as determined phone whenever necessary by the SuperintendentAuthority. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined The Authority will notify the employees eligible for recall by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in yearscertified letter, monthsreturn receipt requested, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file.
F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered telephone to the employee’s last known address. If contact address on record with the Authority stating that the employee does not accept such reappointment within one week has five (5) calendar days to notify the Authority of receipt his/her intent to return to work from the date of the offerletter is received. Upon completion of total recall and all laid-off employees are back to work, the offer becomes voidrecalled employees shall be moved back to the classification and shift held prior to the layoff. If In the event employee does not accept a second offer of reappointment fails to report back to work within one week of receipt of the offer, the employee will be removed ten (10) calendar days from the lay-off list and shall be considered terminated without prejudice. Unless reappointeddate of notification of recall, at the expiration of the one year lay off period the employee shall be considered terminated without prejudiceterminated. No new employee shall be hired by the Authority to a job covered by this contract until all laid-off employees with seniority have been given the opportunity to return to work. In the event of dismissal due to lack of work, a full-time employee who has completed his/her probationary period will receive two weeks’ salary upon termination.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF AND RECALL. A. When layoffs become necessary, Management will first notify the Union Chapter Chair and/or Vice Chair. The Superintendent affected employees shall be notified by certified letter or by personal contact at which time the employee would sign for the notification with the presenter. An employee being laid off will be notified at least thirty (or his30) calendar days prior to the effective date and time. The employee is responsible to ensure the employer has their correct address.
B. Seniority within job classifications shall prevail in the layoff/her designee) may lay off any employee by reason recall of elimination employees. In reducing the work force of position, shortage a job classification because of lack of work or shortage other legitimate cause, the employee with the least amount of fundsseniority shall be the first employee laid off. The employee laid off with the most seniority in the job classification shall be the first employee recalled. Recalls will be made by certified or hand-delivered letter for which the employee would sign. In the layoff and recall of laid off personnel, the particular work performed by said employee shall be considered an important factor to be decided upon by the Union and Employer.
C. Each employee being recalled must be notified by certified mail, return receipt requested, and the last known address shall be used. Non-delivery of the certified letter shall be considered as a failure to respond within the time limit and shall result in voluntary resignation.
D. When the employee is laid off, they shall be permitted to exercise seniority to bump into their former classification held within the school district provided they meet the qualifications.
E. An employee who is laid off under the terms of the contract and works as a substitute in a bargaining unit position during the period of layoff shall be paid at step one (1) of the current contract in the classification in which they are subbing.
F. If recalled employee does not respond within ten (10) working days of post-xxxx of certified letter recalling laid off employee, the laid off non-responding employee shall have voluntarily resigned.
G. An employee in a layoff status will remain on lay off status the recall list for a period of one calendar year. Employees on lay off status shall retaintwo (2) years or a length of time equal to the bargaining unit seniority whichever is greater.
H. When an employee is in a layoff status, but not utilize, accrued sick leave and his/her seniority shall be paid off for any accrued annual leavefrozen until such time as they are recalled to work.
B. I. An employee shall not be on a leave of any kind is subject to the layoff and recall procedure.
J. Non-acceptance of a temporary position of four (4) weeks or longer in the classification group from which employee was laid off while there are temporary employees, or probationary employees serving will result in the same position classification employee being removed from the recall list.
K. An employee recalled from layoff shall be reinstated at the same site. For purposes of this Article, Kotzebue hourly rate as when laid off.
L. An employee recalled from layoff shall be considered one siteeligible for a step increase on the anniversary of original hire date (not including the time laid off).
C. The order to lay M. When a laid off employee is recalled all fringe benefits shall be by position classification at prorated accordingly within the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capriciousfirst year.
D. Seniority N. The district shall be determined by notify the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods Union of nine and ten month bargaining unit members do not constitute a break in serviceall recalls.
E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file.
F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
Appears in 1 contract
Samples: Master Agreement
LAY-OFF AND RECALL. A. The Superintendent (or his/her designee) may lay off any employee by reason of elimination of position, shortage of work or shortage of funds. The employee shall remain on lay off status for a period of one calendar year. Employees on lay off status shall retain, but not utilize, accrued sick leave and shall be paid off for any accrued annual leave.
B. An employee shall not be laid off while there are temporary employees, or probationary employees serving in the same position classification at the same site. For purposes of this Article, Kotzebue shall be considered one site.
C. The order to lay off shall be by position classification at the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days day’s written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file.
F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
Appears in 1 contract
Samples: Negotiated Agreement
LAY-OFF AND RECALL. A. When layoffs become necessary, Management will first notify the Union Chapter Chair and/or Vice Chair. The Superintendent affected employees shall be notified by certified letter or by personal contact at which time the employee would sign for the notification with the presenter. An employee being laid off will be notified at least thirty (or his30) calendar days prior to the effective date and time. The employee is responsible to ensure the employer has their correct address.
B. Seniority within job classifications shall prevail in the layoff/her designee) may lay off any employee by reason recall of elimination employees. In reducing the work force of position, shortage a job classification because of lack of work or shortage other legitimate cause, the employee with the least amount of fundsseniority shall be the first employee laid off. The employee laid off with the most seniority in the job classification shall be the first employee recalled. Recalls will be made by certified or hand-delivered letter for which the employee would sign. In the layoff and recall of laid off personnel, the particular work performed by said employee shall be considered an important factor to be decided upon by the Union and Employer.
C. Each employee being recalled must be notified by certified mail, return receipt requested, and the last known address shall be used. Non-delivery of the certified letter shall be considered as a failure to respond within the time limit and shall result in voluntary resignation.
D. When the employee is laid off, they shall be permitted to exercise seniority to bump into their former classification held within the school district provided they meet the qualifications.
E. An employee who is laid off under the terms of the contract and works as a substitute in a bargaining unit position during the period of layoff shall be paid at step one (1) of the current contract in the classification in which they are subbing.
F. If recalled employee does not respond within ten (10) working days of post-mark of certified letter recalling laid off employee, the laid off non-responding employee shall have voluntarily resigned.
G. An employee in a layoff status will remain on lay off status the recall list for a period of one calendar year. Employees on lay off status shall retaintwo (2) years or a length of time equal to the bargaining unit seniority whichever is greater.
H. When an employee is in a layoff status, but not utilize, accrued sick leave and his/her seniority shall be paid off for any accrued annual leavefrozen until such time as they are recalled to work.
B. I. An employee shall not be on a leave of any kind is subject to the layoff and recall procedure.
J. Non-acceptance of a temporary position of four (4) weeks or longer in the classification group from which employee was laid off while there are temporary employees, or probationary employees serving will result in the same position classification employee being removed from the recall list.
X. Xx employee recalled from layoff shall be reinstated at the same site. For purposes of this Article, Kotzebue hourly rate as when laid off.
L. An employee recalled from layoff shall be considered one siteeligible for a step increase on the anniversary of original hire date (not including the time laid off).
C. The order to lay M. When a laid off employee is recalled all fringe benefits shall be by position classification at prorated accordingly within the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capriciousfirst year.
D. Seniority N. The district shall be determined by notify the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods Union of nine and ten month bargaining unit members do not constitute a break in serviceall recalls.
E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file.
F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
Appears in 1 contract
Samples: Master Agreement
LAY-OFF AND RECALL. A. The Superintendent (or his/her designee) may lay off any employee bargaining unit member by reason of elimination of position, shortage of work or shortage of funds. The employee name of such a bargaining unit member shall remain on a lay off status list for a period of one calendar year. Employees Bargaining unit members on lay off status shall retain, but not utilize, accrued sick leave and shall be paid off for any accrued annual leave. Bargaining unit members on lay off status may not withdraw their PERS contributions.
B. An employee A bargaining unit member shall not be laid off while there are temporary employees, or probationary employees bargaining unit members undergoing a review period, serving in the same position classification at the same site. For purposes of this Article, Kotzebue Xxxxxx shall be considered one site.
C. The order to of lay off shall be by position classification at the same site, based upon seniority and personnel (201) file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s bargaining unit member's total interrupted uninterrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, the Superintendent shall give at least fourteen thirty (1430) calendar days written notice to the employee bargaining unit member stating the reasons therefore, with the exception of the Intensive Needs Aide I and II, who shall be provided seven (7) calendar days written notice. A copy of the notice will be placed in the member’s 's personnel file.
F. An employee A bargaining unit member on the lay-lay off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.personnel
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF AND RECALL. A. The Superintendent (or his/her designee) may lay off any employee by reason of elimination of position, shortage of work or shortage of funds. The employee shall remain on lay off status for a period of one calendar year. Employees on lay off status shall retain, but not utilize, accrued sick leave and shall be paid off for any accrued annual leave.
B. An employee shall not be laid off while there are temporary employees, or probationary employees serving in the same position classification at the same site. For purposes of this Article, Kotzebue shall be considered one site.
C. The order to lay off shall be by position classification at the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file.
F. An employee on the lay-lay off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known know address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-lay off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
Appears in 1 contract
Samples: Negotiated Agreement
LAY-OFF AND RECALL. A. The Superintendent 6.01 After completion of the probationary period, each laid off employee shall have twenty-four (or his/her designee24) may lay off any employee by reason of elimination of position, shortage of work or shortage of fundsmonths recall rights. The employee shall provide the Corporation in writing his current address and telephone number.
6.02 In the event of layoff the Corporation shall endeavour to notify the Union of the job classifications to be laid off as soon as practically possible but in any case, at least fifteen (15) working days before the effective day of the layoff, to discuss alternative measures to avoid the layoff.
6.03 Prior to a layoff of regular full time employees in the bargaining unit, all students, temporary, probationary, co-op students, contract employees and individuals employed on government sponsored programs shall be laid off first, provided there are regular full time employees with sufficient skill and ability to perform the work being performed by the above individuals. Students, temporary, probationary, co-op students, contract employees and individuals on government sponsored programs will not be hired while regular employees with sufficient skill and ability to perform the work being performed by the above individuals are on layoff.
6.04 In the event that it is necessary to reduce employees, the Corporation agrees that regular full time employees shall be laid off by job classification within the bargaining unit in the reverse order of seniority provided that qualified employees remain on lay to perform the work available.
6.05 Regular full time employees who are to be laid off status may exercise their bumping rights within any job classification in the bargaining unit, providing they are bumping a regular full time employee with less seniority and they possess sufficient skill and ability to perform the job. When bumping into a lower job classification the rate of pay shall be the highest for that job classification.
6.06 A familiarization period of up to fifteen (15) working days will be provided to employees who exercise their bumping rights.
6.07 Regular full-time employees shall be recalled in the reverse order of seniority in which they were laid off provided they are qualified to perform any work required. The Corporation will send notice by registered mail to the last known address, which the employee has filed with the Corporation.
6.08 The Union shall be notified in writing of all layoffs and recalls.
6.09 The Corporation shall pay the premium costs for the health and welfare plans for any employee who is laid off for a period of one calendar year. Employees on lay off status shall retain, but not utilize, accrued sick leave and shall be paid off for any accrued annual leavetwelve (12) months or less.
B. An employee shall 6.10 The Corporation will not be laid off while there are temporary employees, or probationary employees serving contract out work that would result in the same position classification at the same site. For purposes discharge or layoff of this Article, Kotzebue shall be considered one site.
C. The order to lay off shall be by position classification at the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in serviceemployees.
E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file.
F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFF AND RECALL. A. 18.01 In the event of a lay-off, Employees shall be laid off in reverse order of their seniority. Employees shall continue to accumulate seniority while on lay-off. IT Department* positions shall be considered a distinct job classification for the purpose of lay-off only. In the event of a lay-off in IT, Employees in IT Department positions shall be laid off in reverse order of their seniority.
18.02 The Superintendent Employer shall notify the Bargaining Unit President of its decision to lay off or to declare Employees surplus to work locations prior to the notification of the Employees effected. The Employer shall notify Employees who have been laid off in accordance with the Employment Standards Act. Notwithstanding, a minimum of eight weeks notice of lay-off shall be provided to the Employee.
18.03 The Employer shall create a composite posting of all available vacancies resulting from lay-offs, resignations, leaves and retirements followed by a second composite posting of all available vacancies resulting from filling previous vacancies. The composite posting procedure shall be administered in accordance with Article 15 Promotion and Staff Changes. However, no Employee may increase full-time equivalency status until all Employees have been placed in or offered positions equal to their permanent status.
18.04 Remaining vacancies shall be offered to surplus Employees in order of seniority. An Employee shall be considered surplus when there is any reduction in the Employee~s hours of work at any location. Provided the Employee has the knowledge, skill and ability to perform the duties of the position without formal training but with a reasonable orientation and familiarization period, the Employee shall have the option of accepting the reduction of hours or accepting equivalent hours in a new position in the same classification (pay rate) first, or in a lower classification (pay rate) next. An Employee may decline the offered position and choose, instead, to exercise bumping rights as outlined in 18.05 below.
18.05 Those Employees who remain surplus to a position following the posting and placement procedure identified in 18.03 and 18.04 shall have bumping rights (Note: IT Department Employees may only exercise bumping rights within IT to positions for which the Employee has the knowledge, skill and ability to perform the duties of the position without formal training but provided a reasonable orientation and familiarization period.). In the sequence outlined and by seniority, and provided the Employee has the knowledge, skill and ability to perform the duties of the position without formal training but with a reasonable orientation and familiarization period, the surplus Employee(s) may:
a. bump the least senior Employee in the same classification (pay rate) within a 45 km radius from the surplus Employee~s home and within the designation (job title) of the Employee who remains surplus. That least senior Employee~s full position shall be considered vacant.
b. bump the least senior Employee in the same classification (pay rate) within a 45 km radius from the surplus Employee~s home and within another designation (job title) of the Employee who remains surplus, in the event that there is no Employee with less seniority in the designation (job title). That least senior Employee~s full position shall be considered vacant.
c. bump the least senior Employee in a lower classification (pay rate) within a 45 km radius from the surplus Employee~s home. That least senior Employee~s full position shall be considered vacant. In such case, the Employee retains recall rights to the higher classification (pay rate) position.
d. bump the least senior Employee in the same classification (pay rate) in the Board. That least senior Employee~s full position shall be considered vacant.
e. bump the least senior Employee in a lower classification (pay rate) in the Board. In such case, the Employee retains recall rights to the higher classification (pay rate) position. That least senior Employee ~s full position shall be considered vacant. Positions that are being filled by temporary employees shall be considered vacant. Positions, other than IT Department positions and Office Manager positions, may be split into two 0.5 FTE positions, in consultation with the Bargaining Unit, in order to implement the bumping or recall procedure.
18.06 An Employee may elect to take a lay-off in preference to a transfer under this procedure.
18.07 Employees shall be recalled in order of greatest seniority to a position within the same classification (pay rate) first, or lower classification next, from which the Employee was laid off. In the case of an Employee accepting recall to a lower classification (pay rate), that Employee shall retain recall rights to the classification from which the Employee was laid off. No Employee may increase his/her designee) may lay off any employee by reason full-time equivalent status as a result of elimination recall under 18.07.
18.08 Part-time to More-time Procedure In the Same Job Classification:
a. If there is a vacancy which is a greater FTE position than the FTE status of positionthose Employees on recall, shortage of work or shortage of fundssuch position shall be posted. Only permanent part-time Employees shall be eligible to apply. The employee successful candidate will be selected based on knowledge, skill and ability to perform the duties of the position. Where knowledge, skill and ability are relatively equal, seniority shall remain the determining criteria. However, no Employee may increase full-time equivalency status beyond a 0.4 FTE increase of their current FTE status.
b. If the position is not filled by a permanent part-time Employee, the position shall be offered to the most senior Employee on recall with the knowledge, skills and ability to perform the job without formal training but provided a reasonable orientation and familiarization period. However, no Employee may increase full-time equivalency status beyond a 0.4 FTE increase of their current FTE status.
18.09 Part-time to More-time Procedure In A Higher Job Classification:
a. If there is a vacancy in a classification (pay rate) higher than that held by Employees on lay off off, such position shall be offered to interested part-time permanent Employees and a competition shall occur. The successful candidate will be selected based on knowledge, skill and ability to perform the duties of the position. Where knowledge, skill and ability are relatively equal, seniority shall remain the determining criteria. However, no Employee may increase full-time equivalency status for beyond a period 0.4 FTE increase of one calendar year. their current FTE status.
b. If the position is not filled by a permanent part-time Employee, such position shall be offered to interested Employees on lay off and a competition shall occur. The successful candidate will be selected based on knowledge, skill and ability to perform the duties of the position. Where knowledge, skill and ability are relatively equal, seniority shall remain the determining criteria. However, no Employee may increase full- time equivalency status beyond a 0.4 FTE increase of their current FTE status. If there is no internal candidate with the knowledge, skill and ability to fill the position, external advertising may occur.
18.10 An Employee who accepts recall to a position in accordance with this Article shall retainbe reinstated as though there had been no interruption of service. Where such recall is to a temporary position, but not utilizethe Employee shall be ineligible to apply to another temporary position which would commence prior to the end date of the temporary position currently held by the Employee.
18.11 An Employee may decline to accept a position to which the Employee has been recalled without losing recall rights
18.12 No new Employees shall be hired until those laid off have been offered positions through the above outlined process.
18.13 All Employees eligible for recall shall file with the Employer and the Bargaining Unit their most recent address and telephone number.
18.14 Recall rights expire two years from the date of lay off.
18.15 The names of those Employees on the recall list will be maintained and available to all work sites. These Employees shall be called upon to replace for relief, accrued e.g., sick leave and leave of absence of up to 17 weeks for a position for which the surplus Employee has the knowledge, skills and ability prior to calling casuals.
18.16 A Joint Staffing Advisory Committee, for purposes of Transfer, Surplus, Lay-off and Recall procedures, shall be paid off established, consisting of three (3) representatives of the Board and three (3) representatives of the Bargaining Unit. This Committee shall have the right to review whether the procedures have been followed, suggest areas for any accrued annual leave.
B. An employee modification, and resolve placement matters consistent with school operational needs. The Staffing Advisory Committee shall not meet on an appropriate date to be laid off while there are temporary employeesagreed upon to examine the projected enrolment numbers and staff allocations. The OPT School Staffing Report shall be provided to the Bargaining Unit no later than October 15th, or probationary employees serving in the same position classification at the same site. For purposes of this Article, Kotzebue shall be considered one site.
C. The order to lay off shall be by position classification at the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, monthsearlier where possible, and daysApril 15th in each school year. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off* IT Department: Network Engineer, Network Support Specialist, Admin. Support Specialist, LAN/WAN Support Specialist, Hardware/Software Support, Hardware Technician. Other positions may be added with the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy agreement of the notice will be placed in Bard and the member’s personnel fileBargaining Unit.
F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFF AND RECALL. A. Section 1. The Superintendent County, in its discretion, shall determine whether lay-offs are necessary and within which classifications lay-offs will occur. Although not limited to the following, lay-offs shall ordinarily be for lack of work and /or lack of funds. If the County determines that positions are to be abolished, employees losing their jobs because of such abolishments shall be given the same rights as laid off employees.
Section 2. Employees will be laid off from the affected classification in accordance with their seniority provided the remaining employees have the ability to perform the remaining work available without further formal training. When seniority is equal, the employee with the lowest last four (or 4) digits in his/her social security number will be laid off first.
Section 3. Seniority is calculated using retention points. Employees shall be assigned a base of 100 retention points. One (1) retention point shall be credited for each bi-weekly pay period of full-time service. Retention points for part-time service shall be calculated on the basis of one-half (1/2) point for each bi-weekly pay period of part-time service. This list will be kept current by the Director of Human Resources for Montgomery County, or designee.
Section 4. Retention points for full-time service and other than full-time service, whenever applicable, shall be combined to determine an employee’s total retention points. This list will be kept current by the Director of Human Resources for Montgomery County, or designee.
Section 5. Employees bumping into appointment categories not covered by this collective bargaining agreement (contract) may lay shall have such status and rights under civil service.
Section 6. Employees who are laid off any employee by reason of elimination of position, shortage of work or shortage of funds. The employee shall remain be placed on lay off status a recall list for a period of one calendar yeartwo (2) years. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their lay-off, provided they are presently qualified to perform the work in the job classification to which they are recalled without further training.
Section 7. If any employee is recalled to a position in a lower rated job classification, he/she shall have the right to return to the job classification he/she held prior to being laid off in the event it subsequently becomes available. If an employee is recalled to a lower rated job classification, the employee shall have the right to refuse the recall, and remain on the recall list for the classification from which the layoff initially occurred. The County shall not hire new employees in affected bargaining unit positions as long as there are still employees on the recall list who are presently qualified to perform the work in the affected job classification and are willing to be recalled to said classification.
Section 8. Employees on lay off status shall retain, but not utilize, accrued sick leave and who are eligible for recall shall be paid off for any accrued annual leave.
B. An employee shall not be laid off while there are temporary employees, or probationary employees serving in the same position classification at the same site. For purposes of this Article, Kotzebue shall be considered one site.
C. The order to lay off shall be by position classification at the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, the Superintendent shall give at least given fourteen (14) calendar days written notice of recall and notice of recall shall be sent to the employee stating by certified or registered mail with a copy to the reasons thereforeUnion’s District Office. A copy The employee must notify the Agency Head of his/her intention to return within five (5) business days after receiving notice of recall. The County shall be deemed to have fulfilled its obligations by mailing the recall notice by certified or registered mail, return receipt requested, to the mailing address provided by the employee, it being the obligation and responsibility of the notice will be placed in employee to provide the member’s personnel fileAgency head with his/her latest mailing address.
F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF AND RECALL. A. (a) Where the Employer decides to lay-off an employee or discontinue a bargaining unit position, the parties shall meet to discuss the implementation of any lay-offs. The Superintendent Employer shall consider the job classification of the bargaining unit employees and shall lay-off the employee in that job classification with the least seniority provided the remaining employees have the skills, qualifications and ability to perform the duties and responsibilities remaining.
(b) Employees whose positions are eliminated as a result of lay-offs shall be entitled to bump into any position in that job classification provided they have the skills, qualifications and ability and have greater seniority.
(c) Vacancies or his/her designeenew positions created as the result of a lay-off will be filled in accordance with Article 14, Job Postings.
(d) may lay Prior to laying off any permanent employee by reason the Employer will ensure that all temporary employees in that job classification have been laid off provided the permanent employee has the skills, qualifications and ability to perform the job with reasonable orientation. Reasonable orientation is defined as a period of elimination of positionfamiliarization not to exceed thirty (30) days in duration.
(a) If the Employer decides to re-institute a position the Employer shall recall the most senior qualified employee in that job classification on lay-off first, shortage of work or shortage of funds. The provided that employee has the skills, qualifications and ability to perform the job with reasonable training as defined in 13.01 (d).
(b) No new employees will be hired while any employees in that job classification are on lay-off provided that the employee on lay-off has the skills, qualifications and ability to perform the job with reasonable orientation as defined in 13.01 (d).
(c) Employees shall remain on lay off status the recall list for a period of twelve (12) months.
(d) If an employee is recalled, the employee shall have no interruption in their seniority.
(e) Employees shall be notified of recall by registered mail to their last known address on record with PATH upon receipt of recall notice employees shall have seven (7) working days to return to work or provide satisfactory reasons for not returning within this period.
13.3 Employees being laid off shall receive a minimum of one calendar year. (1) month's notice of lay-off.
13.4 Employees on lay off status shall retain, but not utilize, accrued sick leave and shall be paid off for any accrued annual leave.
B. An employee shall not be laid off while there are temporary employees, or probationary employees serving in the same position classification at the same site. For purposes of this Article, Kotzebue shall be considered one site.
C. The order to lay lay-off shall be by position classification eligible to receive benefits at their expense for the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods first six (6) months of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay lay-off, the Superintendent shall give at least fourteen (14) calendar days written notice subject to the employee stating the reasons therefore. A copy provisions of the notice will be placed in the member’s personnel filebenefit plan provider.
F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
Appears in 1 contract
Samples: Collective Agreement
LAY-OFF AND RECALL. A. The Superintendent (or his/her designee) may lay off any employee bargaining unit member by reason of elimination of position, shortage of work or shortage of funds. The employee name of such a bargaining unit member shall remain on a lay off status list for a period of one calendar year. Employees Bargaining unit members on lay off status shall retain, but not utilize, accrued sick leave and shall be paid off for any accrued annual leave. Bargaining unit members on lay off status may not withdraw their PERS contributions.
B. An employee A bargaining unit member shall not be laid off while there are temporary employees, or probationary employees bargaining unit members undergoing a review period, serving in the same position classification at the same site. For purposes of this Article, Kotzebue Bethel shall be considered one site.
C. The order to of lay off shall be by position classification at the same site, based upon seniority and personnel (201) file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s bargaining unit member's total interrupted uninterrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, the Superintendent shall give at least fourteen thirty (1430) calendar days written notice to the employee bargaining unit member stating the reasons therefore. A copy , with the exception of the notice will be placed in the member’s personnel file.
F. An employee on the lay-off list Intensive Needs Aide I and II, who shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.provided seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAY-OFF AND RECALL. A. The Superintendent (or his/her designee) may word “lay off any employee by reason of elimination of position, shortage off” means a reduction in the working force due to a reduction of work or shortage a lack of funds. The employee Board alone shall remain on have the right to determine when and if any of its employees are to be subject to any lay off status for a period of one calendar year. Employees on lay off status shall retainoff, but not utilize, accrued sick leave and shall be paid off for any accrued annual leavethe sole judge of how long such conditions shall continue.
B. An employee If it becomes necessary to reduce the working staff by means of a “lay off” the probationary employees within the affected classifications shall not be laid off while there before any employees with seniority are temporary employees, or probationary so affected. Seniority employees serving shall be laid off according to seniority within the classification in the same position classification at department. Each level within the same site. For purposes of this Article, Kotzebue shall be secretarial unit is considered one sitea separate classification.
C. The order laid off employee may claim seniority over an employee with the least seniority within the classification providing he/she is qualified and can perform the work. A trial period of thirty (30) working days may be granted when a question arises concerning the employee’s ability and/or qualifications.
D. The seniority employee may elect the option to accept lay off, but in either case the laid off employee must inform the Board and the Association of his/her decision within seven (7) days of the lay off notification.
E. Employees to be laid off shall be by position classification given at least two (2) weeks’ notice prior to the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file.
F. An employee on the lay-off list shall be offered reappointment reassigned to a vacant position classification openings available at the time of lay off for which qualifiedthe employee is qualified before a new employee is hired. Any employee who assumes a new job assignment due to the lay off procedure will also assume the salary rate for that position. Employees who are laid off or reduced in rank and/or compensation as provided herein shall retain the right of recall to their former (or equivalent) position.
G. When the working force is increased after a lay off, based upon employees will be recalled in order according to seniority and personnel file documented performance as determined by within the Superintendentdepartment. Such determination shall not be arbitrary or capricious. The offer Notice of reappointment recall shall be in writing and mailed/delivered sent to the employee’s employee at the last known addressaddress by registered or certified mail. If the an employee does not accept such reappointment fails to report for work within one week ten (10) days from date of receipt of the offermailing notice, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated to have resigned. Extension may be granted by the employer in proper cases.
H. Laid off employees shall retain their seniority and accumulated sick days for a period of two (2) years from date of lay off or length of seniority, whichever is greater. However, sick time or vacation time shall not accumulate during the lay off period. (See Appendix C. Letter of Understanding) An employee on lay off shall be allowed to purchase health insurance at the group rate subject to the regulations of the insurance carrier.
I. In the event of temporary lay offs due to acts or occurrences not initiated or controlled by the Board, the employees immediately affected may be laid off without prejudiceregard for seniority for a period not to exceed the act or occurrence. Temporary lay offs which exceed the one (1) week period shall thereupon be regulated by seniority application.
J. Laid off employees that are called in as substitutes shall receive fifteen (15) cents above the base in the classification in which assigned.
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Samples: Collective Bargaining Agreement