Bumping The employee scheduled for layoff under Section D. may elect to either accept layoff or bump in accordance with the process outlined in this Section. An employee scheduled for layoff who fails or is unable, in accordance with Section D.3., to exercise the option to bump to the least senior position shall be laid off. Within seven calendar days of receipt of notification of layoff, the employee scheduled for layoff shall notify the Employer of his/her decision to either accept layoff or bump within his/her current class series, as listed below. Alternatively, an employee may bump into the least senior position in the layoff unit in a former class series at or below any level at which the employee had satisfactorily completed the required probationary period. This alternative shall not apply to employees who were demoted from the higher paying class for disciplinary reasons or who transferred from the higher paying classification in less than satisfactory employment status. An employee seeking to bump into another position must meet all requirements in accordance with Section D.3. As a result of bumping, an employee shall not earn more than the maximum rate of the lower classification bumped into or more than the rate previously earned in a higher classification from which the employee bumped. When an employee bumps downward, he/she shall be paid at that step in the lower level pay range which credits the service in the higher level range(s) to the step at which the employee was paid when promoted from a lower level. Corrections Medical Aide Corrections Medical Officer 8 Corrections Medical Officer E9 Corrections Medical Unit Officer E10 Corrections Officer Corrections Officer 8 Corrections Officer E9 Resident Unit Officer 10 Forensic Security Aide Forensic Security Assistant 8 Forensic Security Assistant 9 Forensic Security Assistant E10 Special Alternative Incarceration Officer Special Alternative Incarceration Officer 9 Special Alternative Incarceration Officer E10 Bump process--after the parties have identified the layoff unit: 1. The Employer shall identify the vacancies and least senior employees within the layoff unit equal to the number of positions being abolished within the layoff unit. These least senior employees shall be issued layoff notices. 2. If the layoff unit contains more than one work location, employees remaining in the layoff unit who are displaced from their original work location (due to the closure, reduction consolidation, etc.), will be placed in existing vacancies or the vacated positions identified in step 1 above. Placement into these positions shall be in seniority order based on preferences provided by the employees. 3. Employees remaining in the layoff unit may request an exchange transfer (one for one transfer) with any bargaining unit member in the same classification in accordance with Article 15 Part D §A.6., either within or outside the layoff unit. Exchange transfers shall not be unreasonably denied and will be processed with the rest of the layoff unit moves, if possible. In addition, during the bump process, exchange transfers occurring within this Article shall supersede all other closer to home and seniority based transfers or recalls, as no vacancy exists. Requests for exchange transfers shall be in writing by both employees requesting to exchange. 4. The parties may reach mutual agreement to modify the process to minimize impact on affected employees as necessary.
Layoff in Lieu of Bumping An employee who elects a layoff in lieu of bumping maintains his/her reemployment rights under this Agreement.
Dumping If a Party finds that dumping, within the meaning of Article VI of GATT 1994 is taking place in trade relations governed by this Agreement, it may take appropriate measures against that practice in accordance with Article VI of the GATT 1994 and the rules established by agreements related to that Article.
LAY-OFF & RECALL Section 1. Whenever it is determined that a layoff is reasonably necessary, the following procedures will apply. Section 2. All bargaining unit employees in an initial probationary period working in positions affected by the layoff will be assigned to other appropriate positions if available, or, if no other positions are available, shall be laid off prior to displacing any full-time regular employees. Section 3. Staffing in the event that economic conditions require the layoff of full-time personnel, it is agreed as follows: a. No layoff shall reduce full-time personnel below three (3) employees working 24/48 schedules. b. If the City desires to reduce the employee's below three (3), the City must be declared in fiscal emergency by the auditor of state and reopen the contract to negotiate such changes, subject to fact-finding and conciliation if the parties are unable to agree. Section 4. When it is determined by the Employer that regular full-time employees must be laid off, the employees affected will be laid off within six (6) months and according to lowest seniority and lowest EMS certification level first, provided that the employee(s) retained have the immediate skill and ability to perform the jobs to which they will be assigned. ‘ Section 5. No new bargaining unit employees shall be hired until all employees who have been laid off with recall rights have been given the opportunity to return to work. Laid-off employees will be notified by registered mail at their last known address to return to work within fourteen (14) calendar days of the date of notification. Failure to report within the time limit will remove them from the recall list. Section 6. Employees will retain their seniority for a period of twenty-four (24) months or the amount of their accrued seniority whichever is shorter and may be reinstated during this period. Employees will be recalled in reverse order of their layoff subject to their skill and ability to perform the job to which they are recalled. Section 7. Upon layoff, an employee shall be paid for accrued but unused vacation and compensatory time. Such payment shall be included with the employee's last regular paycheck.
Logging The ISP will require the maintenance of network and application logs as part of BNY Mellon’s security information and event management processes. Logs are retained in accordance with law applicable to BNY Mellon’s provision of the services as well as BNY Mellon’s applicable policies. BNY Mellon uses various tools in conjunction with such logs, which may include behavioral analytics, security monitoring case management, network traffic monitoring and analysis, IP address management and full packet capture.
LAY-OFF AND RECALL 16.01 Where, because of lack of work, lack of funds or reorganization, resulting in abolishment of jobs or functions, the Employer determines it necessary to reduce the size of its workforce, the Employer shall give written notice to the Union President or his designee no less than twenty-one (21) days in advance of any such lay-off, indicating how many employees will be affected and what department(s) are being reduced. Such reductions shall be made in accordance with the provisions hereinafter set forth. 16.02 Employees within affected classifications shall be laid off according to their relative seniority (within the department) with the least senior employee being laid off first, providing that all students, temporary, part-time, seasonal and probationary employees within the affected classifications are laid off first. For the purposes of this article, department or bargaining unit shall mean the various positions included in Appendix "A". 16.03 Employees who are laid off from one classification may displace (bump) another employee with lesser seniority in a lower rated classification within the same department. 16.04 Employees who are bumped by a more senior employee shall be able to bump another employee with lesser seniority in a lower rated classification pursuant to the provisions of paragraph 16.03, above. 16.05 At the end of the bumping process, the employee who is bumped and unable to bump another employee pursuant to the above provisions, shall be laid off. 16.06 Employee(s) who are laid off, shall have the option of bumping another employee pursuant to the above provisions, or being directly laid off by the Employer. 16.07 In all cases where one (1) employee is exercising his seniority to bump another employee, his right to bump into another department is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to bump, as determined by the Employer. 16.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for eighteen (18) months from the date of his lay-off. 16.09 Notice of recall shall be sent to the employee's address listed on the Employers records and shall be sent by certified mail. An employee who refuses recall or does not report for work within fourteen (14) days from the date the employee receives the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 16.10 Employee(s) scheduled for lay-off shall be given a minimum of twenty-one (21) days advance notice of lay-off. 16.11 Each notice of lay-off shall contain the following information: 1) The reason for lay-off or displacement; 2) The date that the lay-off or displacement becomes effective; 3) The employee's seniority date in the classification; 4) A statement advising the employee of the right to recall and re-employment. 16.12 In the event of extenuating circumstances such as illness, injury, or other good cause preventing the employee from returning within the time limit above, the City may, at its sole discretion, grant a reasonable extension, not to exceed thirty (30) days. In the event such illness or injury precludes an employee from returning to work within the time limit above (including extension), such employee shall be by-passed for recall, but shall remain on the recall list, for the remainder of the term of the recall period. The denial of an extension shall not be made in an arbitrary manner. 16.13 In the event a job opening occurs in a lower rated classification, the most senior employee on lay off will be recalled and given the option of accepting the job or not, provided he has the ability and qualifications, as determined by the Employer, to perform the work in question. If the employee accepts the job opening, he will have the right to claim his original classification in the event it becomes available within eighteen (18) months. 16.14 Recall lists shall be kept current by the City. The Union President shall be furnished and/or forwarded a copy of all recall lists as they are made current by the City.
System Logging The system must maintain an automated audit trail which can 20 identify the user or system process which initiates a request for PHI COUNTY discloses to 21 CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY, 22 or which alters such PHI. The audit trail must be date and time stamped, must log both successful and 23 failed accesses, must be read only, and must be restricted to authorized users. If such PHI is stored in a 24 database, database logging functionality must be enabled. Audit trail data must be archived for at least 3 25 years after occurrence.
Time Off in Lieu of Overtime Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked. Time off in lieu may be taken on a mutually agreed upon basis between the employee and the Hospital, such time off will be the equivalent of the premium rate the employee has earned for working overtime. The Hospital shall revert to payment of premium rate if time off is not taken within sixty (60) calendar days."
LAY-OFFS AND RECALLS (a) Both parties recognize that job security shall increase in proportion to length of seniority. Therefore, in the event of a lay-off, employees shall be laid off in the reverse order of their bargaining unit-wide seniority. (b) The employer shall meet with the union executive prior to a lay-off to review the seniority list and to discuss the order of lay-off. In addition, the parties will look to identify and implement all reasonable alternatives to the proposed lay-off Note: Where a proposed lay-off results in the subsequent displacement of any member(s) of the bargaining unit, the original notice to the union provided in (a) above shall be considered notice to the union of any subsequent lay-off. 12.02 Employees shall be recalled in the order of their seniority. 12.03 New employees shall not be hired until those laid off have been given an opportunity to recall. 12.04 An employee who accepts lay-off or exercises her/his bumping rights or otherwise secures alternate employment within the Agency following a notice of lay-off shall retain the right to be reinstated in his/her former job if such becomes available within nine (9) months of his/her original notice of lay-off. 12.05 An employee shall be given the right to continue their benefit coverage following lay-off. The employer shall continue to pay its share of such insured benefit premiums for a laid off employee for a period of six (6) months following lay-off, or until the employee has found other employment which includes benefit coverage prior to the end of the six (6) month period. (a) An employee shall have the opportunity of recall from lay-off in order of seniority to the final subsequent vacancy after the job posting provision has been exhausted providing he/she has the ability to perform the work within a reasonable time period, and is qualified. (b) An employee recalled to work in a different classification from which he/she was laid off shall have the privilege of returning to the classification held prior to the lay-off should it become vacant within six (6) months of being recalled. (c) The employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on the record with the employer (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his/her proper address being on record with the employer. (d) Employees on lay-off shall be given preference for temporary vacancies, which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. Further such employee recalled to a temporary vacancy is not entitled to any notice of lay-off at the end of the temporary assignment.
LAY-OFFS When a lack of work exists and it becomes necessary to reduce the work force, employees shall be selected as surplus in the inverse order of their seniority from the classification and shall be considered for placement to another job for which the employee is qualified to perform efficiently within a reasonable training period in the order of the following successive steps: 2.1 on vacancies in the employee's classification, 2.2 displace in the employee's classification another employee who has the shortest seniority and further provided that the surplus employee has more seniority than the employee to be displaced. If the employee is not thus placed, then 2.3 in the next lower classification and in the same manner in successively lower classifications. 2.4 A surplus employee who cannot be placed in accordance with the above shall be laid off. However, employees subjected to layoff shall not suffer any loss of seniority, provided the employee returns to work within a six (6) month period. 2.5 A surplus employee may elect to fill a vacancy in a lower classification or be laid off. 2.5.1 “Must hire” process a. In the event that insufficient appropriated funding to work locations within the District results in the displacement of bargaining unit employees, the District will assign employees as “must hires.” b. Employees will be offered placement in openings within their job title and classification nearest the location from which they were displaced. Seniority will determine priority in placement. The employee may choose an alternate vacancy in the event of multiple vacancies. A list of all job placements will be provided monthly to the Union. If there are no vacancies in the employee’s job title, the employee may choose to enter another job classification for which he/she is qualified to perform. In accordance with Article 15, paragraph 3, if there is a vacancy in a higher classification, the employee may apply in accordance with Article 12, paragraph 4. c. When the District declares a “hiring freeze” to all outside personnel, all vacancies will be open to transfer until they are filled. Jobs will be posted for current employees. Once it has been determined that there is an internal “qualified” applicant, the vacancy will be filled in accordance with Article 12, paragraphs 3 and 4. d. This section gives direction only to displaced employees by creating an end of month summary of job placements and establishing a process by which positions are offered.
