Layoff A layoff is defined as any mandatory, permanent or prolonged reduction in the number of full-time or part-time nurses employed by the Medical Center. A layoff may also occur if there is a mandatory reduction in scheduled hours or change of shift. Where skill, competence, ability and experience are substantially equal in the opinion of the Employer, seniority shall be the determining factor when utilizing this layoff procedure. The Employer will give the Association, the local unit chairperson and the affected full-time and part-time nurses at least thirty (30) calendar days’ advance written notice of a layoff or pay in lieu thereof, based on scheduled hours missed. As soon as practical thereafter, the Employer will provide the Association with a roster listing all bargaining unit nurses, their seniority, unit, shift and hours worked per pay period. Upon request, the parties will meet for the purpose of reviewing the procedure to be utilized and the order of layoff. If the Employer determines a layoff to be necessary, the following procedures shall be followed:
6.2.1 The Employer shall identify the unit(s), shift(s) and number of FTEs which will be subject to layoff. The position(s) of the least senior nurse(s) on the unit and shift to be eliminated to accomplish the required FTE reduction on that unit and shift will be identified. Those nurses whose positions have been eliminated shall be considered “displaced nurses”. The Local Unit Chairperson or designee, if available, shall be present when displaced nurses are given their bumping options. The Local Unit Chairperson or designee’s time off shall not be paid.
6.2.2 Displaced nurses, by seniority, shall have the following options:
a. A displaced nurse wishing to remain on his/her unit may bump into the position of either the least senior full-time or the least senior part-time nurse on the nurse’s unit; or
Layoffs Section 1. All employees will be laid off in line of least seniority and hired in reverse order. No employee will be hired by the City as long as there are employees laid off who have seniority. If employees are to be laid off, a thirty (30) calendar day written notice shall be given to the affected employee and the Union prior to the date that the services of that employee shall no longer be required.
Section 2. Employees who are subject to layoff within their classification and who are qualified to perform duties of the next lower classification in declining sequence, may, in order at which they are laid off, occupy vacant positions of such lower classifications, or may displace employees who hold positions of such lower classifications.
Section 3. An employee who voluntarily requests demotion or another position in order to remain in the classified service following a reduction in force shall be placed at a rate of the new classification pay range which ensures a five percent (5%) reduction in salary, unless a larger reduction is necessary for the officer to be placed in the highest step in the lower classification.
Section 4. Where, by virtue of a reduction of the workforce, an employee takes a position in a lower classification in accordance with Section 2 and 3 hereof, and a reduction in force becomes necessary in such lower classification, such employee shall be credited with seniority earned in his classification.
Section 5. Any employee who is laid off due to a reduction in work force and thereafter, within a period of four (4) years, reinstated to City service, shall, to the extent possible for purposes of all rights and benefits, be deemed to have been on leave without pay.
Section 6. When the work force is increased after a layoff, employees will be recalled in reverse order of layoff. Notice of recall shall be sent to the employee at the last known address by registered or certified mail. If an employee fails to report for work within thirty (30) calendar days of the date of mailing of the recall notice, he shall be considered to have voluntarily terminated with the City.
Section 7. When the work force is increased after a layoff, those persons who have voluntarily taken a lower classification as provided in Section 2 and 3 herein, shall have the option of occupying positions which open up in their former classification with no loss of seniority in that classification. This option shall
Layoff Recall A. As it relates to individual employees who are not regulated by the Teacher Tenure Act, if conditions warrant a layoff of personnel, the following procedure will be used:
1. In the event an employee must be laid off, layoff will be on the basis of seniority, certification, and qualifications. It is understood that the Association shall have the right to review the layoff list prior to notification of the individual to be laid off.
2. An employee in a position being reduced or eliminated shall have the right to be transferred to the full- time position held by the employee with the least seniority for which the more senior employee is certified and qualified. No part-time positions shall be created to retain a senior employee.
3. If the Board acts to lay off an employee, every effort will be made to notify the employee of that Board action within two (2) working days of the action.
B. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee shall be recalled to the first vacancy for which he/she is certified and qualified and in reverse order of layoff. Changes in certification and qualifications after the effective date of an employee's layoff are only taken into consideration in recall to vacant positions. A laid-off employee will be recalled to a vacant position for which he/she is certified and qualified before consideration for transfer to an open position will be given to any currently employed, qualified applicant. It is the laid off employee’s responsibility to have on file with the District a current certificate (including any additions or revisions to the certificate) as well as a current statement of any qualifications upon which recall decisions may be based.
C. As it relates to individual employees who are not regulated by the Teacher Tenure Act, an employee’s right to recall shall only extend for a period of three (3) years from the effective date of his/her layoff.
D. As it relates to individual employees who are not regulated by the Teacher Tenure Act, a laid off employee may continue his/her health, dental and life insurance benefits by paying monthly the normal per-subscriber group premium for such benefits to the Board, subject to conditions of existing policies provided such continuation does not affect the group rate.
E. As it relates to individual employees who are not regulated by the Teacher Tenure Act, during a period of impending layoffs in this District, the Board may grant requests for voluntary leaves of absence if the Board deems it economically sound to approve such requests and a satisfactory replacement can be employed.
F. As it relates to individual employees who are not regulated by the Teacher Tenure Act, notification of recall shall be in writing with a copy to the Association President. The notification shall be sent by certified mail to the employee’s last known address. It shall be the responsibility of each employee to notify the Board of any change in address.
LAYOFFS AND RECALL 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer.
16.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained.
a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to:
i) Accept the lay-off and be recalled under the terms of the Collective Agreement or;
ii) Displace the most junior permanent Educational Assistant in the Division.
b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September.
c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period.
16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job.
16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work.
16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof.
16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure.
16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours.
16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there.
16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
LAYOFFS AND RECALLS (a) Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site.
(b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire.
(c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall.
(d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client.
(e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately.
(f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
Layoff List A list of all ASF Members laid-off within the prior three (3) year period shall be maintained by the System office. The list shall indicate if an individual has recall rights. The Association President shall be provided a copy of the list, and notified promptly of changes.
Corporate Social Responsibility The Parties affirm the importance of each Party encouraging enterprises operating within its Area or subject to its jurisdiction to voluntarily incorporate into their internal policies those internationally recognised standards, guidelines and principles of corporate social responsibility that have been endorsed or are supported by that Party.
Layoff and Recall Section 19.1 Reasons, Notice When the Employer determines, because of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer shall notify the affected employees twenty-one (21) calendar days in advance of the effective date of the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffs.
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will be laid off in accordance with their classification seniority for the classifications affected by the layoff. The employee(s) with the least classification seniority as defined in Article 20 will be laid off first. Bumping or displacement will also occur in accordance with the employee’s seniority with the least senior employee, as defined by Article 20, laid off first.
Section 19.3 Recall List Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff. Notice of recall shall be sent to the employees by certified or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt of the recall notice to notify the Employer of his intention to return to work and shall have fourteen (14) calendar days following the receipt of the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the notice. If the employee does not respond within seven (7) calendar days the employee shall be removed from the recall list. If, upon recall, an employee must receive additional training, the Employer shall provide and pay for the training required to maintain his certification. The employee shall be required to complete the training in a timely fashion established by the Employer. If the employee fails to complete the training, the employee may be removed without recourse to the grievance procedure or the State Personnel Board of Review.
Section 19.4 Bumping Bumping rights will be extended to the employee under this Agreement. Employees may bump or displace employees in other classifications so long as the employee previously worked in the classification or assignment and displaces an employee with less seniority. Employees from other bargaining units not covered by this Agreement, and other employees of the Sheriff’s Office who previously worked in a classification covered by this Agreement, may displace into positions covered by this Agreement so long as the employee displaced has less classification seniority. The employee displaced will be the one with the least seniority. Employees seeking to displace less senior employees will displace to the most recently held classification, and the next most recent, etc. until the employee is able to displace a less senior employee. If no employee in a previously-held classification has less seniority, then the employee seeking to displace shall be laid off. Employees displaced shall be placed on the recall list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classification.
Health and Safety Plan Consultant shall prepare and submit a Health and Safety Plan (“HASP”) for the portion of Consultant’s work that will involve field work, assessments, or investigations of certain Project elements. The HASP shall describe how Consultant plans to complete field work, assessments, and/or investigations at the RWF. Consultant’s HASP must comply with the CIP HASP and shall be updated as new conditions are encountered.
Layoff Procedure A. Once the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
