LAYOFF AND RE-EMPLOYMENT. 22.01 Layoff is defined as an indefinite separation from employment as a result of lack of work, with the intention of being returned at some future date. 22.02 The Employer shall provide written notice to Employees who are to be laid off: (a) twenty (20) work days for Employees having permanent status, or (b) seven (7) work days for Employees having part-time status, or (c) five (5) work days for Employees having temporary status (d) before the layoff is to be effective. 22.03 If the Employee who is to be laid off has not had the opportunity to work the entire period of notice, he shall be paid in lieu of work at the Employee's regular rate of pay for that part of the notice period during which work was not made available, except in the event of an unexpected staff reduction necessitated by breakdown, malfunction or damage of the Employer's physical plant, equipment or machinery or by the non delivery of supplies through causes beyond the control of the Employer and requiring closure of all or part of the Employer's operations. (a) In the event of a layoff, Employees in the same job classification within a single Division/Branch and location shall be laid off in the reverse order of seniority and placed on a re-employment list. (b) Notwithstanding Clause 22.04(a), a permanent Employee shall not be laid off while non-permanent Employees remain in other employment categories in the same classification within a single Division/Branch and work location, provided that the permanent Employee is qualified and able to perform the available work. If the services of the permanent Employee are not required on a full-time basis for an indefinite period, the permanent Employee may choose either temporary layoff provisions or to accept the reduced hours at the appropriate hourly salary, provided that he is qualified and able to perform the available work. 22.05 Employees shall be recalled to the same job classification in their order of seniority, provided they are qualified and able to perform the available work. 22.06 If a permanent Employee has not been recalled within six (6) months from the date of layoff, he shall be entitled to the severance pay pursuant to Article 20, Severance Pay. 22.07 An Employee who is laid off shall be responsible for providing the Employer with his current address for recall purposes. No new Employees shall be hired until those laid off have been given an opportunity for re-employment.
Appears in 3 contracts
Samples: Collective Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
LAYOFF AND RE-EMPLOYMENT. 22.01 Layoff is defined as an indefinite separation from employment as a result of A. Layoffs shall occur due to lack of work, with the intention work or lack of being returned at some future datefunds per Ed Code.
22.02 The Employer shall provide written notice B. Forms of layoff: Layoffs may take one or more of the following forms: An involuntary reduction in the number of days worked in a year; An involuntary reduction in the number of hours worked in a day; An involuntary reduction in the classification through bumping by senior employees; An involuntary reduction in salary or other compensation to Employees who are avoid layoff; A voluntary reduction in days worked, hours worked, reduction in salary compensation or, classes to be laid off:
(a) twenty (20) work days for Employees having permanent status, or
(b) seven (7) work days for Employees having part-time status, or
(c) five (5) work days for Employees having temporary status
(d) before the avoid layoff is to be effectiveat the option of the employee affected.
22.03 If the Employee who is to be laid off has not had the opportunity to work the entire period C. Order of notice, he layoff within a classification shall be paid in lieu determined by hours of work at service. The employee who has the Employee's regular rate of pay for that part of the notice period during which work was not made available, except least seniority in the event of an unexpected staff reduction necessitated by breakdown, malfunction or damage of the Employer's physical plant, equipment or machinery or by the non delivery of supplies through causes beyond the control of the Employer and requiring closure of all or part of the Employer's operations.
(a) In the event of a layoff, Employees in the same job classification within a single Division/Branch and location plus higher classifications shall be laid off in first. In the reverse case of two or more unit employees having the same hours of service, the order of seniority and placed on a re-employment listlayoff of such employees shall be determined by hire date within his/her classification.
(b) Notwithstanding Clause 22.04(a)D. If the classification hire date is equal, the employee's original hire date with the District as a permanent Employee employee shall not be laid off while non-permanent Employees remain in other employment categories in used. When a layoff of classified employees is anticipated by the administration, and prior to the time Governing Board action is taken with respect to a layoff of classified employees, the District shall notify the Union of the possibility of a layoff action. A list of positions recommended for elimination will be furnished to the Union at the same classification within a single Division/Branch and work location, provided that time as the permanent Employee seniority list is qualified and able to perform the available work. If the services of the permanent Employee are not required on a full-time basis for an indefinite period, the permanent Employee may choose either temporary layoff provisions or to accept the reduced hours at the appropriate hourly salary, provided that he is qualified and able to perform the available workfurnished.
22.05 Employees E. In the event or necessity of layoff, written notice of layoff shall be recalled delivered to the same job classification in their order of seniority, provided they are qualified and able affected unit employee by personal service by the Superintendent or designee no less than sixty (60) days prior to perform the available work.
22.06 If a permanent Employee has not been recalled within six (6) months from the effective date of layoff, he informing the employee of displacement rights, if any, and reemployment rights. Any layoff notice shall be entitled to specify the severance pay pursuant to Article 20, Severance Payreason for layoff.
22.07 An Employee who is laid off shall be responsible for providing the Employer with his current address for recall purposes. No new Employees shall be hired until those laid off have been given an opportunity for re-employment.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LAYOFF AND RE-EMPLOYMENT. 22.01 Layoff Whenever, in the judgment of the Harbor Commission it becomes necessary in the interest of the economy or because the necessity for the position involved no longer exists, the Harbor Commission may abolish any position or employment with the District and layoff, reassign, demote, or transfer an employee holding such position or employment without filing written charges. The General Manager may likewise layoff an employee of the District because of material change in duties or organization or shortage of work or funds. Seniority -For the purpose of layoff is defined as an indefinite separation from length of continuous full-time employment as within the service of the District, except for service in a result provisional and temporary status. Seniority shall be retained but shall not accrue during any period of lack leave without pay, except for authorized military leave, granted pursuant to State Military and Veterans Code. Order of work, with Layoff - When one or more employees performing in the intention of being returned at some future date.
22.02 The Employer shall provide written notice to Employees who same class in the District are to be laid off:
off (a) provisional and temporaries therein having already been terminated), the order of layoff shall be as follows: • Probationary employees in inverse order of seniority. • Permanent employees in inverse order of seniority. Should two or more employees have identical service seniority, the order of layoff will be determined by classification seniority. Notice of Layoff -Employees shall be forwarded written notice, including reasons therefore, by Certified Mail, Return Receipt Requested or Personally Served, a minimum of twenty (20) work working days for Employees having permanent statusprior to the effective date of layoff. An employee receiving said notice may respond in writing to the General Manager. The employee's representative shall receive concurrent notice, or
(b) seven (7) work days for Employees having part-time statusand upon request, or
shall be afforded an opportunity to meet with the District to discuss the circumstances of layoff and any proposed alternatives that do not include the consideration of the merits, necessity, or organization of any service or activity. The provisions of subsection (c) five (5) work days for Employees having temporary status
(d) before the layoff is to must be effective.
22.03 If the Employee who is to be laid off has not had the opportunity to work the entire period of notice, he shall be paid in lieu of work at requested by the Employee's regular rate of pay for that part of the notice period during which work was not made available, except in the event of an unexpected staff reduction necessitated by breakdown, malfunction or damage of the Employer's physical plant, equipment or machinery or by the non delivery of supplies through causes beyond the control of the Employer and requiring closure of all or part of the Employer's operations.
(a) In the event of a layoff, Employees in the same job classification within a single Division/Branch and location shall be laid off in the reverse order of seniority and placed on a re-employment list.
(b) Notwithstanding Clause 22.04(a), a permanent Employee shall not be laid off while non-permanent Employees remain in other employment categories in the same classification within a single Division/Branch and work location, provided that the permanent Employee is qualified and able to perform the available work. If the services of the permanent Employee are not required on a full-time basis for an indefinite period, the permanent Employee may choose either temporary layoff provisions or to accept the reduced hours at the appropriate hourly salary, provided that he is qualified and able to perform the available work.
22.05 Employees shall be recalled to the same job classification in their order of seniority, provided they are qualified and able to perform the available work.
22.06 If a permanent Employee has not been recalled within six (6) months from the date of layoff, he shall be entitled to the severance pay pursuant to Article 20, Severance Pay.
22.07 An Employee who is laid off shall be responsible for providing the Employer with his current address for recall purposes. No new Employees shall be hired until those laid off have been given an opportunity for re-employment.writing fifteen
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
LAYOFF AND RE-EMPLOYMENT. 22.01 A. Layoff is defined as an indefinite separation from employment shall be defined, for the purpose of this Article, as a result termination of lack of work, with the intention of being returned at some future date.
22.02 The Employer shall provide written notice to Employees who are to be laid off:
(a) twenty (20) work days for Employees having a permanent status, or
(b) seven (7) work days for Employees having full-time or permanent part-time statusemployee resulting from the elimination of the employee’s position by the Town or being displaced by an employee whose position was eliminated. The Town shall notify the Association of any intended layoffs as soon as possible prior to notification to any affected employees. An employee subject to layoff, or
shall receive written notice of such layoff no less than thirty (c30) five (5) work days for Employees having temporary status
(d) before prior to the effective date of such layoff. A copy of such notice shall be sent to the Association. The Department of Human Resources shall provide a copy of the relevant seniority list to the Association at the time the notice of layoff is issued to be effective.
22.03 If the Employee who is to be laid off has not had Association. The Association may make reasonable requests, in writing, for a position’s seniority list from the opportunity to work Department of Human Resources, and the entire period Department of noticeHuman Resources shall provide a copy of the requested seniority list within ten (10) business days of its receipt of the request. For the purposes of this Article, he a permanent part time employee shall be paid in lieu of work at deemed subject to a layoff if such employee’s regularly scheduled hours are reduced to an extent causing the Employee's regular rate of pay for that part employee to become an unrepresented part-time employee and therefore no longer covered by the terms of the notice period during which work was not made available, except in the event of an unexpected staff reduction necessitated by breakdown, malfunction or damage of the Employer's physical plant, equipment or machinery or by the non delivery of supplies through causes beyond the control of the Employer and requiring closure of all or part of the Employer's operations.
(a) collective bargaining agreement. In the event of the Town eliminates a layofffull time position, Employees full time temporary followed by full time probationary employees in the same job classification within a single Division/Branch and location affected title in that department shall be laid off prior to any permanent full time employee occupying such title in that department. In the event it becomes necessary to lay off a permanent full time employee, such layoff shall be affected in reverse order of Town-wide seniority and placed on a re-employment list.
(b) Notwithstanding Clause 22.04(a), a permanent Employee shall not be laid off while non-permanent Employees remain in other employment categories in the same classification within a single Division/Branch and work location, provided that the permanent Employee is qualified and able to perform the available work. If the services of the permanent Employee are not required on a fullfull time employees in the affected title in that department. A permanent full time twelve-time basis for an indefinite period, the permanent Employee may choose either temporary layoff provisions or to accept the reduced hours at the appropriate hourly salary, provided that he is qualified and able to perform the available work.
22.05 Employees shall be recalled to the same job classification in their order of seniority, provided they are qualified and able to perform the available work.
22.06 If a permanent Employee has not been recalled within six (6) months from the date of layoff, he shall be entitled to the severance pay pursuant to Article 20, Severance Pay.
22.07 An Employee month employee who is laid off shall be responsible for providing may elect to displace in Town government, the Employer with his current address for recall purposes. No new Employees shall be hired until those laid off have been given an opportunity for releast senior full-employment.time employee in that title in the following order: (i) twelve month employee in that title, (ii) eleven-month employee in that title, (iii) ten-month employee in that title, (iv) part time twelve- month employee in that title, (v) part-time eleven-month employee in that title, or
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LAYOFF AND RE-EMPLOYMENT. 22.01 A. Layoff is defined as an indefinite separation from employment shall be defined, for the purpose of this Article, as a result termination of lack of work, with the intention of being returned at some future date.
22.02 The Employer shall provide written notice to Employees who are to be laid off:
(a) twenty (20) work days for Employees having a permanent status, or
(b) seven (7) work days for Employees having full-time or permanent part-time statusemployee resulting from the elimination of the employee’s position by the Town or being displaced by an employee whose position was eliminated. The Town shall notify the Association of any intended layoffs as soon as possible prior to notification to any affected employees. An employee subject to layoff, or
shall receive written notice of such layoff no less than thirty (c30) five (5) work days for Employees having temporary status
(d) before prior to the effective date of such layoff. A copy of such notice shall be sent to the Association. The Department of Human Resources shall provide a copy of the relevant seniority list to the Association at the time the notice of layoff is issued to be effective.
22.03 If the Employee who is to be laid off has not had Association. The Association may make reasonable requests, in writing, for a position’s seniority list from the opportunity to work Department of Human Resources, and the entire period Department of noticeHuman Resources shall provide a copy of the requested seniority list within ten (10) business days of its receipt of the request. For the purposes of this Article, he a permanent part time employee shall be paid in lieu of work at deemed subject to a layoff if such employee’s regularly scheduled hours are reduced to an extent causing the Employee's regular rate of pay for that part employee to become an unrepresented part-time employee and therefore no longer covered by the terms of the notice period during which work was not made available, except in the event of an unexpected staff reduction necessitated by breakdown, malfunction or damage of the Employer's physical plant, equipment or machinery or by the non delivery of supplies through causes beyond the control of the Employer and requiring closure of all or part of the Employer's operations.
(a) collective bargaining agreement. In the event of the Town eliminates a layofffull time position, Employees full time temporary followed by full time probationary employees in the same job classification within a single Division/Branch and location affected title in that department shall be laid off prior to any permanent full time employee occupying such title in that department. In the event it becomes necessary to lay off a permanent full time employee, such layoff shall be affected in reverse order of Town-wide seniority and placed on a re-employment list.
(b) Notwithstanding Clause 22.04(a), a permanent Employee shall not be laid off while non-permanent Employees remain in other employment categories in the same classification within a single Division/Branch and work location, provided that the permanent Employee is qualified and able to perform the available work. If the services of the permanent Employee are not required on a fullfull time employees in the affected title in that department. A permanent full time twelve-time basis for an indefinite period, the permanent Employee may choose either temporary layoff provisions or to accept the reduced hours at the appropriate hourly salary, provided that he is qualified and able to perform the available work.
22.05 Employees shall be recalled to the same job classification in their order of seniority, provided they are qualified and able to perform the available work.
22.06 If a permanent Employee has not been recalled within six (6) months from the date of layoff, he shall be entitled to the severance pay pursuant to Article 20, Severance Pay.
22.07 An Employee month employee who is laid off shall be responsible for providing may elect to displace in Town government, the Employer with his current address for recall purposes. No new Employees shall be hired until those laid off have been given an opportunity for releast senior full-employment.time employee in that title in the following order: (i) twelve-month employee in that title, (ii) eleven-month employee in that title, (iii) ten-month employee in that title, (iv) part time twelve- month employee in that title, (v) part-time eleven-month employee in that title, or
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LAYOFF AND RE-EMPLOYMENT. 22.01 24.1 Layoff is defined as an indefinite separation from employment as a result of for lack of workwork or lack of funds shall be on the basis of an evaluation of qualifications, with and seniority within the intention of being returned at some future dateaffected job classification and the Fire Department.
22.02 The Employer 24.1.1 An employee whose position has been abolished due to lack of work or lack of funds shall provide written notice be reassigned by the Fire Chief to any position within the Fire Department in an equivalent or lower job classification for which he/she meets the minimum requirements and has department seniority over other employees in the job classification. If the employee whose position has been abolished does not have department seniority over other employees in equivalent or lower classifications, he/she may be reassigned by the Fire Chief to any vacant position within the Fire Department in an equivalent or lower job classification, for which he/she meets the minimum requirements. Employees who are so reassigned shall be placed in the salary step of the appropriate salary schedule closest to their regular hourly rate of pay. Employees so reassigned shall be laid off:
(a) twenty (20) work days for Employees having permanent status, or
(b) seven (7) work days for Employees having part-time status, or
(c) five (5) work days for Employees having temporary status
(d) before reinstated to their former job classification and salary step status when positions in their former job classification within the layoff is to Fire Department become vacant. Such reinstatement shall be effectiveon the basis of department seniority.
22.03 24.1.2 Whenever an employee whose position has been abolished cannot be reassigned to a vacant position within the Fire Department, he/she shall be reassigned by the City Manager to any vacant position in any other division or department in his/her job classification or in an equivalent or lower job classification for which he/she meets the minimum qualifications for employment. If an employee is reassigned to a vacant position within his/her job classification in any other division or department, he/she shall retain his/her rate of pay. If an employee is reassigned to a vacant position in an equivalent or lower job classification in any other division or department, he/she may be placed in any salary step of the Employee who appropriate salary schedule that does not provide an increase in salary. Employees reassigned to vacant positions in an equivalent or lower job classification in any other division or department shall be reinstated to their former job classification and salary step status when positions in their former job classification within the Fire Department become vacant. Such reinstatement shall be on the basis of department seniority.
24.2 Whenever an employee whose position has been abolished is not reassigned to any vacant position, he/she shall be placed on the re• employment list for his/her job classification. Persons on the re• employment list shall be re-employed with their former salary step status when positions in their job classifications within the Fire Department from which they were laid off has not had the opportunity to work the entire period of notice, he become vacant. Re- employment shall be paid in lieu on the basis of work at the Employee's regular rate of pay department seniority. Names on re- employment lists shall remain for that part of the notice a period during which work was not made available, except in the event of an unexpected staff reduction necessitated by breakdown, malfunction or damage of the Employer's physical plant, equipment or machinery or by the non delivery of supplies through causes beyond the control of the Employer and requiring closure of all or part of the Employer's operationsto exceed one (1) year.
(a) In the event of 24.3 Whenever an employee is reassigned to a layoff, Employees vacant position in the same classification, an equivalent classification, or lower classification as herein provided, he/she shall retain the same anniversary date for purposes of merit pay increases.
24.4 Whenever an employee is reinstated to a vacant position in his/her former job classification within a single Divisionclassification, or re-employed as herein provided, he/Branch and location she shall be laid off given a new anniversary date for purposes of merit pay increases in accordance with the reverse order provisions of seniority and placed on a ARTICLE 9 - APPROPRIATE SALARY STEP.
24.4.1 An employee reinstated from the re-employment list.
(b) Notwithstanding Clause 22.04(a), a permanent Employee list shall not be laid off while non-permanent Employees remain in other employment categories in considered to have continuous service and may be credited with the same classification within a single Divisionamount of accumulated sick leave he/Branch and work location, provided that the permanent Employee is qualified and able to perform the available work. If the services of the permanent Employee are not required on a full-time basis for an indefinite period, the permanent Employee may choose either temporary layoff provisions or to accept the reduced hours she had accrued at the appropriate hourly salary, provided that he is qualified and able time of layoff if he/she elects to perform remit to ANAHEIM any payment received under the available work.
22.05 Employees shall be recalled to the same job classification in their order provisions of seniority, provided they are qualified and able to perform the available work.
22.06 If a permanent Employee has not been recalled within six (6) months from the date of layoff, he shall be entitled to the severance pay pursuant to Article 20, Severance Pay.
22.07 An Employee who is laid off shall be responsible for providing the Employer with his current address for recall purposes. No new Employees shall be hired until those laid off have been given an opportunity for reARTICLE 34 - SICK LEAVE or ARTICLE 36 -employment.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
LAYOFF AND RE-EMPLOYMENT. 22.01 A. Layoff is defined as an indefinite separation from employment shall be defined, for the purpose of this Article, as a result termination of lack of work, with the intention of being returned at some future date.
22.02 The Employer shall provide written notice to Employees who are to be laid off:
(a) twenty (20) work days for Employees having a permanent status, or
(b) seven (7) work days for Employees having full-time or permanent part-time statusemployee resulting from the elimination of the employee’s position by the Town or being displaced by an employee whose position was eliminated. The Town shall notify the Association of any intended layoffs as soon as possible prior to notification to any affected employees. An employee subject to layoff, or
shall receive written notice of such layoff no less than thirty (c30) five (5) work days for Employees having temporary status
(d) before prior to the effective date of such layoff. A copy of such notice shall be sent to the Association. The Department of Human Resources shall provide a copy of the relevant seniority list to the Association at the time the notice of layoff is issued to be effective.
22.03 If the Employee who is to be laid off has not had Association. The Association may make reasonable requests, in writing, for a position’s seniority list from the opportunity to work Department of Human Resources, and the entire period Department of noticeHuman Resources shall provide a copy of the requested seniority list within ten (10) business days of its receipt of the request. For the purposes of this Article, he a permanent part time employee shall be paid in lieu of work at deemed subject to a layoff if such employee’s regularly scheduled hours are reduced to an extent causing the Employee's regular rate of pay for that part employee to become an unrepresented part-time employee and therefore no longer covered by the terms of the notice period during which work was not made available, except in the event of an unexpected staff reduction necessitated by breakdown, malfunction or damage of the Employer's physical plant, equipment or machinery or by the non delivery of supplies through causes beyond the control of the Employer and requiring closure of all or part of the Employer's operations.
(a) collective bargaining agreement. In the event of the Town eliminates a layofffull time position, Employees full time temporary followed by full time probationary employees in the same job classification within a single Division/Branch and location affected title in that department shall be laid off prior to any permanent full time employee occupying such title in that department. In the event it becomes necessary to lay off a permanent full time employee, such layoff shall be affected in reverse order of Town-wide seniority and of the permanent full time employees in the affected title in that department. A permanent full time twelve-month employee who is laid off may elect to displace in Town government, the least senior full-time employee in that title in the following order: (i) twelve-month employee in that title, (ii) eleven-month employee in that title, (iii) ten-month employee in that title, (iv) part time twelve-month employee in that title, (v) part-time eleven-month employee in that title, or (vi) part-time ten-month employee in that title. A permanent full-time eleven-month employee who is laid off may elect to displace in Town government the least senior full-time employee in that title in the following order: (i) eleven-month employee in that title, (ii) ten-month employee in that title, or (iii) part-time twelve-month, eleven-month or ten-month employee in that title. A permanent full-time ten-month employee who is laid off may elect to displace in Town government: (i) the least senior full-time ten-month employee in that title, or (ii) the least senior part-time twelve-month, eleven-month or ten- month employee in that title. In the event the Town eliminates a part-time position, where the incumbent is permanent part-time covered by the Collective Bargaining Agreement, any part- time employee not covered by the Collective Bargaining Agreement, followed by any part-time probationary employee in the affected title in that department, shall be laid off prior to any permanent part-time employee occupying such title in that department. In the event it becomes necessary to lay off a permanent part-time employee, such layoff shall be affected in reverse order of Town-wide seniority of the permanent part-time employees in the affected title in that department. A permanent part-time twelve-month employee who is laid off may elect to displace in Town government the least senior part-time twelve-month, eleven-month or ten-month employee in that title. A permanent part-time eleven-month employee who is laid off may elect to displace in Town government the least senior part- time eleven-month or ten-month employee in that title. A permanent part-time ten-month employee who is laid off may elect to displace in Town government the least senior part-time ten-month employee in that title.
B. A permanent twelve-month full time employee who is laid off or accepts, as an alternative to layoff, an eleven-month, ten-month, part-time position or a position not covered by the Collective Bargaining Agreement shall be placed on a re- employment list for the twelve-month full time title from which they were laid off. A permanent eleven-month employee who is laid off or accepts, as an alternative to layoff, a ten-month position, a part-time position or a position not covered by the Collective Bargaining Agreement shall be placed on a re- employment list for the eleven-month full-time title from which they were laid off. A permanent ten-month employee who is laid off or accepts, as an alternative to layoff, a part-time position or a position not covered by the Collective Bargaining Agreement shall be placed on a re-employment list.
(b) Notwithstanding Clause 22.04(a), a permanent Employee shall not be laid off while nonlist for the ten-permanent Employees remain in other employment categories in the same classification within a single Division/Branch and work location, provided that the permanent Employee is qualified and able to perform the available work. If the services of the permanent Employee are not required on a month full-time basis for title from which they were laid off. A permanent part-time employee who is laid off or accepts, as an indefinite periodalternative to layoff, a position not covered by the permanent Employee may choose either temporary layoff provisions or to accept the reduced hours at the appropriate hourly salary, provided that he is qualified and able to perform the available work.
22.05 Employees Collective Bargaining Agreement shall be recalled placed on a re-employment list for the part-time title from which they were laid off. The Town shall provide the Association with a copy of the applicable re-employment list within ten (10) business days of an employee, who is a member or former member of the Association as described herein, being added to or removed from the same job classification in their order of seniority, provided they are qualified and able list. Each employee placed on a re-employment list pursuant to perform Article 27 shall remain on the available work.
22.06 If a permanent Employee has not been recalled within six list for twenty-four (624) months from the date of the layoff, he from the date of transfer to a position not covered by the Collective Bargaining Agreement or from the date the employee is transferred to a position of fewer months employment (i.e. 12 to 11 or 10 months). Employees listed on the re-employment list shall be entitled given preference by the Town to fill vacancies in such title or in a Comparable Position (defined below) prior to the severance pay Town offering the vacant position to those listed on a general employment register. Offers of re- employment shall be made in writing by the Town, with a copy to the Association, on a seniority basis among the individuals on the re-employment list. An individual who declines an appointment or fails to respond to an offer of re- employment within seven (7) days of the receipt of such offer shall be removed from the re-employment list. The Town shall provide written notice to the Association within ten (10) business days of an individual being removed from a re-employment list including the reason for such removal. An employee, who has been notified of a layoff, may test for positions for which the Town deems him/her to be qualified, notwithstanding the close of the application filing period but prior to the establishment of an employment register. It shall be the employee's responsibility to become aware of examination announcements and submit a complete and timely application for such position(s). An employee on a re-employment list shall be considered for any temporary work that may be available within his or her former department for which he or she is qualified to perform prior to hiring a temporary employee.
C. For the purpose of this provision, a position is "Comparable Position" to the one the employee held prior to layoff provided:
1. If the employee was full time, the proposed position is full time in the same title.
2. If the employee was in a twelve-month position, the proposed position is a twelve-month, eleven-month or ten-month position; if the employee was in an eleven-month position, the proposed position is an eleven-month or ten-month position; and if the employee was in a ten-month position, the proposed position is a ten-month position.
3. If the employee was part-time, the proposed position is in the same title and is at the same benefit level under Article 4, Section C.
D. In the event that the Town eliminates a full-time or part-time position that is standalone, meaning the incumbent does not currently hold a title that renders him/her eligible to displace a less senior employee pursuant to Article 2027.A, Severance Paythen the incumbent shall be eligible for the following:
1. If immediately prior to filling the standalone position, the incumbent held another GMEA title, the incumbent shall be eligible for reemployment into a vacancy in their previously held title, provided that the incumbent meets the current qualifications of the vacant position; except as otherwise provided in the memorandum dated December 14, 2015, regarding the Administrative Assistant title, or such other similar subsequent memorandum that may be agreed to by the parties. If there is no immediate vacancy in their aforementioned prior title, the incumbent will also, simultaneously, be placed on the reemployment list for the prior title for twenty-four (24) months. Accordingly, if a vacancy becomes available in the incumbent’s prior title during their time on the reemployment list, they are eligible for appointment to this position in accordance with this paragraph as long as there are no other more senior employees also on the reemployment list for the same former position. If the incumbent is appointed to the prior title in a different department from which he/she was previously employed, they will serve a three (3) month trial period, and in the event the employee’s performance is determined to be unsatisfactory during the three (3) month trial period, the employee shall be terminated and his or her name shall be reinstated on the reemployment lists for both the standalone position and the previously held title for the duration of the twenty-four (24) month period.
22.07 An Employee who 2. If the incumbent is laid off not eligible for reemployment pursuant to paragraph 1 (above), then the incumbent shall be responsible placed on the reemployment list for providing twenty-four (24) months for the Employer with his current address eliminated position. During this time on the reemployment list, the incumbent is eligible to apply and test for recall purposesany GMEA positions that are posted by the Town for which the incumbent is qualified, and upon passing such examination and being certified to the resulting eligible list, shall receive priority to fill the vacancy subject to the seniority of other similarly qualified GMEA reemployment list candidates eligible for the position. No new Employees Those candidates appointed to a position pursuant to this provision will serve a six (6) month trial period, and in the event the employee’s performance is determined to be unsatisfactory during the six (6) month trial period, the employee shall be hired until those laid off have been given an opportunity terminated and his or her name shall be reinstated on the reemployment list for rethe duration of the twenty-employmentfour (24) month period.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFF AND RE-EMPLOYMENT. 22.01 Layoff is defined as an indefinite separation from employment X. Xxxxxx shall be defined, for the purpose of this Article, as a result termination of lack of work, with the intention of being returned at some future date.
22.02 The Employer shall provide written notice to Employees who are to be laid off:
(a) twenty (20) work days for Employees having a permanent status, or
(b) seven (7) work days for Employees having full-time or permanent part-time statusemployee resulting from the elimination of the employee’s position by the Town or being displaced by an employee whose position was eliminated. The Town shall notify the Association of any intended layoffs as soon as possible prior to notification to any affected employees. An employee subject to layoff, or
shall receive written notice of such layoff no less than thirty (c30) five (5) work days for Employees having temporary status
(d) before prior to the effective date of such layoff. A copy of such notice shall be sent to the Association. The Department of Human Resources shall provide a copy of the relevant seniority list to the Association at the time the notice of layoff is issued to be effective.
22.03 If the Employee who is to be laid off has not had Association. The Association may make reasonable requests, in writing, for a position’s seniority list from the opportunity to work Department of Human Resources, and the entire period Department of noticeHuman Resources shall provide a copy of the requested seniority list within ten (10) business days of its receipt of the request. For the purposes of this Article, he a permanent part time employee shall be paid in lieu of work at deemed subject to a layoff if such employee’s regularly scheduled hours are reduced to an extent causing the Employee's regular rate of pay for that part employee to become an unrepresented part-time employee and therefore no longer covered by the terms of the notice period during which work was not made available, except in the event of an unexpected staff reduction necessitated by breakdown, malfunction or damage of the Employer's physical plant, equipment or machinery or by the non delivery of supplies through causes beyond the control of the Employer and requiring closure of all or part of the Employer's operations.
(a) collective bargaining agreement. In the event of the Town eliminates a layofffull time position, Employees full time temporary followed by full time probationary employees in the same job classification within a single Division/Branch and location affected title in that department shall be laid off prior to any permanent full time employee occupying such title in that department. In the event it becomes necessary to lay off a permanent full time employee, such layoff shall be affected in reverse order of Town-wide seniority and placed on a re-employment list.
(b) Notwithstanding Clause 22.04(a), a permanent Employee shall not be laid off while non-permanent Employees remain in other employment categories in the same classification within a single Division/Branch and work location, provided that the permanent Employee is qualified and able to perform the available work. If the services of the permanent Employee are not required on a fullfull time employees in the affected title in that department. A permanent full time twelve-time basis for an indefinite period, the permanent Employee may choose either temporary layoff provisions or to accept the reduced hours at the appropriate hourly salary, provided that he is qualified and able to perform the available work.
22.05 Employees shall be recalled to the same job classification in their order of seniority, provided they are qualified and able to perform the available work.
22.06 If a permanent Employee has not been recalled within six (6) months from the date of layoff, he shall be entitled to the severance pay pursuant to Article 20, Severance Pay.
22.07 An Employee month employee who is laid off shall be responsible for providing may elect to displace in Town government, the Employer with his current address for recall purposes. No new Employees shall be hired until those laid off have been given an opportunity for releast senior full-employment.time employee in that title in the following order: (i) twelve-month employee in that title, (ii) eleven-month employee in that title, (iii) ten-month employee in that title, (iv) part time twelve- month employee in that title, (v) part-time eleven-month employee in that title, or
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFF AND RE-EMPLOYMENT. 22.01 Layoff is defined as an indefinite separation from employment as a result of 13.1 Bargaining unit members shall be subject to layoff for lack of work, work or lack of funds. Unit members subject to layoff under the above criteria shall be provided with the intention of being returned at some future date.
22.02 The Employer shall provide written notice to Employees who are to be least sixty (60) calendar days’ notice. Whenever a bargaining unit member is laid off:
(a) twenty (20) work days for Employees having permanent status, or
(b) seven (7) work days for Employees having part-time status, or
(c) five (5) work days for Employees having temporary status
(d) before the order of layoff is to be effective.
22.03 If within the Employee who is to be laid off has not had the opportunity to work the entire period of notice, he class shall be paid in lieu determined by length of work at service. The bargaining unit member who has been employed the Employee's regular rate of pay for that part of the notice period during which work was not made available, except shortest time in the event of an unexpected staff reduction necessitated by breakdown, malfunction or damage of the Employer's physical plant, equipment or machinery or by the non delivery of supplies through causes beyond the control of the Employer and requiring closure of all or part of the Employer's operations.
(a) In the event of a layoff, Employees in the same job classification within a single Division/Branch and location class plus higher classes shall be laid off first. Reemployment shall be in the reverse order of seniority seniority. Laid-off employees are eligible for reemployment in a class, from which laid off, for a thirty-nine (39) month period and placed on a re-employment listshall be reemployed in preference over new applicants.
(b) Notwithstanding Clause 22.04(a)13.2 For purposes of the Article, length of service is defined to mean the hire date as a regular probationary unit member within a class.
13.3 Hours in paid status shall not mean any service performed prior to entering into a probationary or permanent Employee status in the classified service of the District.
13.4 Unit members subject to layoff shall have a right to bump an employee with less seniority in any equal or lower classification in which the unit member formally served satisfactorily.
13.5 Alleged violations involving the implementation or application of the seniority roster shall not be subject to the grievance procedure.
13.6 If two (2) or more employees subject to the layoff have equal class seniority, then the determination shall be made by district-wide hire date, unless equal, in which case the determination shall be made by lot.
13.7 An employee who is laid off while non-permanent Employees remain and is subsequently eligible for reemployment shall be notified in other employment categories writing by the District of an opening. Such notice shall be sent by certified mail to the last address given to the District by the employee. An employee who has been laid off, after successfully completing the probationary period, and is brought back to work in the same classification within is not subject to a single Division/Branch and work location, provided that the permanent Employee is qualified and able to perform the available work. If the services of the permanent Employee are not required on a full-time basis for an indefinite probationary period, the permanent Employee may choose either temporary layoff provisions or only loss of service time. An employee who is laid off and brought back to accept the reduced hours at the appropriate hourly salary, provided that he is qualified and able to perform the available work.
22.05 Employees work in a new classification shall be recalled subject to the same job classification in their order of seniority, provided they are qualified and able to perform the available work.
22.06 If a permanent Employee has not been recalled within six (6) months from the date month probationary period, and loss of layoff, he shall be entitled to the severance pay pursuant to Article 20, Severance Payservice time.
22.07 An Employee who is laid off shall be responsible for providing the Employer with his current address for recall purposes. No new Employees shall be hired until those laid off have been given an opportunity for re-employment.
Appears in 1 contract
Samples: Contract Agreement
LAYOFF AND RE-EMPLOYMENT. 22.01 Layoff is defined as an indefinite separation from employment as a result of lack of work, with the intention of being returned at some future date.
22.02 The Employer shall provide written notice to Employees employees who are to be laid off:,
(a) twenty (20) work days for Employees employees having permanent status, or
(b) seven (7) work days for Employees employees having part-time status, or
(c) five (5) work days for Employees employees having temporary status
(d) before the layoff is to be effective.
22.03 If the Employee employee who is to be laid off has not had the opportunity to work the entire period of notice, he shall be paid in lieu of work at the Employeeemployee's regular rate of pay for that part of the notice period during which work was not made available, except in the event of an unexpected staff reduction necessitated by breakdown, malfunction or damage of the Employer's physical plant, equipment or machinery or by the non delivery of supplies through causes beyond the control of the Employer and requiring closure of all or part of the Employer's operations.
(a) In the event of a layoff, Employees employees in the same job classification within a single Division/Branch and location shall be laid off in the reverse order of seniority and placed on a re-employment list.
(b) Notwithstanding Clause 22.04(a), a permanent Employee employee shall not be laid off while non-permanent Employees employees remain in other employment categories in the same classification within a single Division/Branch and work location, provided that the permanent Employee employee is qualified and able to perform the available work. If the services of the permanent Employee employee are not required on a full-time basis for an indefinite period, the permanent Employee employee may choose either temporary layoff provisions or to accept the reduced hours at the appropriate hourly salary, provided that he is qualified and able to perform the available work.
22.05 Employees shall be recalled to the same job classification in their order of seniority, provided they are qualified and able to perform the available work.
22.06 If a permanent Employee employee has not been recalled within six (6) months from the date of layoff, he shall be entitled to the severance pay pursuant to Article 20, Severance Pay.
22.07 An Employee employee who is laid off shall be responsible for providing the Employer with his current address for recall purposes. No new Employees employees shall be hired until those laid off have been given an opportunity for re-employment.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFF AND RE-EMPLOYMENT. 22.01 Layoff is defined as an indefinite separation from employment X. Xxxxxx shall be defined, for the purpose of this Article, as a result termination of lack of work, with the intention of being returned at some future date.
22.02 The Employer shall provide written notice to Employees who are to be laid off:
(a) twenty (20) work days for Employees having a permanent status, or
(b) seven (7) work days for Employees having full-time or permanent part-time statusemployee resulting from the elimination of the employee’s position by the Town or being displaced by an employee whose position was eliminated. The Town shall notify the Association of any intended layoffs as soon as possible prior to notification to any affected employees. An employee subject to layoff, or
shall receive written notice of such layoff no less than thirty (c30) five (5) work days for Employees having temporary status
(d) before prior to the effective date of such layoff. A copy of such notice shall be sent to the Association. The Department of Human Resources shall provide a copy of the relevant seniority list to the Association at the time the notice of layoff is issued to be effective.
22.03 If the Employee who is to be laid off has not had Association. The Association may make reasonable requests, in writing, for a position’s seniority list from the opportunity to work Department of Human Resources, and the entire period Department of noticeHuman Resources shall provide a copy of the requested seniority list within ten (10) business days of its receipt of the request. For the purposes of this Article, he a permanent part time employee shall be paid in lieu of work at deemed subject to a layoff if such employee’s regularly scheduled hours are reduced to an extent causing the Employee's regular rate of pay for that part employee to become an unrepresented part-time employee and therefore no longer covered by the terms of the notice period during which work was not made available, except in the event of an unexpected staff reduction necessitated by breakdown, malfunction or damage of the Employer's physical plant, equipment or machinery or by the non delivery of supplies through causes beyond the control of the Employer and requiring closure of all or part of the Employer's operations.
(a) collective bargaining agreement. In the event of the Town eliminates a layofffull time position, Employees full time temporary followed by full time probationary employees in the same job classification within a single Division/Branch and location affected title in that department shall be laid off prior to any permanent full time employee occupying such title in that department. In the event it becomes necessary to lay off a permanent full-time employee, such layoff shall be affected in reverse order of Town-wide seniority and of the permanent full time employees in the affected title in that department. A permanent full time twelve-month employee who is laid off may elect to displace in Town government, the least senior full-time employee in that title in the following order: (i) twelve-month employee in that title, (ii) eleven-month employee in that title, (iii) ten-month employee in that title, (iv) part time twelve-month employee in that title, (v) part-time eleven-month employee in that title, or (vi) part-time ten-month employee in that title. A permanent full-time eleven-month employee who is laid off may elect to displace in Town government the least senior full-time employee in that title in the following order: (i) eleven-month employee in that title, (ii) ten-month employee in that title, or (iii) part-time twelve-month, eleven-month or ten-month employee in that title. A permanent full-time ten-month employee who is laid off may elect to displace in Town government: (i) the least senior full-time ten-month employee in that title, or (ii) the least senior part-time twelve-month, eleven-month or ten- month employee in that title. In the event the Town eliminates a part-time position, where the incumbent is permanent part-time covered by the Collective Bargaining Agreement, any part- time employee not covered by the Collective Bargaining Agreement, followed by any part-time probationary employee in the affected title in that department, shall be laid off prior to any permanent part-time employee occupying such title in that department. In the event it becomes necessary to lay off a permanent part-time employee, such layoff shall be affected in reverse order of Town-wide seniority of the permanent part-time employees in the affected title in that department. A permanent part-time twelve-month employee who is laid off may elect to displace in Town government the least senior part-time twelve-month, eleven-month or ten-month employee in that title. A permanent part-time eleven-month employee who is laid off may elect to displace in Town government the least senior part- time eleven-month or ten-month employee in that title. A permanent part-time ten-month employee who is laid off may elect to displace in Town government the least senior part-time ten-month employee in that title.
B. A permanent twelve-month full time employee who is laid off or accepts, as an alternative to layoff, an eleven-month, ten-month, part-time position or a position not covered by the Collective Bargaining Agreement shall be placed on a re- employment list for the twelve-month full time title from which they were laid off. A permanent eleven-month employee who is laid off or accepts, as an alternative to layoff, a ten-month position, a part-time position or a position not covered by the Collective Bargaining Agreement shall be placed on a re- employment list for the eleven-month full-time title from which they were laid off. A permanent ten-month employee who is laid off or accepts, as an alternative to layoff, a part-time position or a position not covered by the Collective Bargaining Agreement shall be placed on a re-employment list.
(b) Notwithstanding Clause 22.04(a), a permanent Employee shall not be laid off while nonlist for the ten-permanent Employees remain in other employment categories in the same classification within a single Division/Branch and work location, provided that the permanent Employee is qualified and able to perform the available work. If the services of the permanent Employee are not required on a month full-time basis for title from which they were laid off. A permanent part-time employee who is laid off or accepts, as an indefinite periodalternative to layoff, a position not covered by the permanent Employee may choose either temporary layoff provisions or to accept the reduced hours at the appropriate hourly salary, provided that he is qualified and able to perform the available work.
22.05 Employees Collective Bargaining Agreement shall be recalled placed on a re-employment list for the part-time title from which they were laid off. The Town shall provide the Association with a copy of the applicable re-employment list within ten (10) business days of an employee, who is a member or former member of the Association as described herein, being added to or removed from the same job classification in their order of seniority, provided they are qualified and able list. Each employee placed on a re-employment list pursuant to perform Article 27 shall remain on the available work.
22.06 If a permanent Employee has not been recalled within six list for twenty-four (624) months from the date of the layoff, he from the date of transfer to a position not covered by the Collective Bargaining Agreement or from the date the employee is transferred to a position of fewer months employment (i.e. 12 to 11 or 10 months). Employees listed on the re-employment list shall be entitled given preference by the Town to fill vacancies in such title or in a Comparable Position (defined below) prior to the severance pay Town offering the vacant position to those listed on a general employment register. Offers of re- employment shall be made in writing by the Town, with a copy to the Association, on a seniority basis among the individuals on the re-employment list. An individual who declines an appointment or fails to respond to an offer of re- employment within seven (7) days of the receipt of such offer shall be removed from the re-employment list. The Town shall provide written notice to the Association within ten (10) business days of an individual being removed from a re-employment list including the reason for such removal. An employee, who has been notified of a layoff, may test for positions for which the Town deems him/her to be qualified, notwithstanding the close of the application filing period but prior to the establishment of an employment register. It shall be the employee's responsibility to become aware of examination announcements and submit a complete and timely application for such position(s). An employee on a re-employment list shall be considered for any temporary work that may be available within his or her former department for which he or she is qualified to perform prior to hiring a temporary employee.
C. For the purpose of this provision, a position is "Comparable Position" to the one the employee held prior to layoff provided:
1. If the employee was full time, the proposed position is full time in the same title.
2. If the employee was in a twelve-month position, the proposed position is a twelve-month, eleven-month or ten-month position; if the employee was in an eleven-month position, the proposed position is an eleven-month or ten-month position; and if the employee was in a ten-month position, the proposed position is a ten-month position.
3. If the employee was part-time, the proposed position is in the same title and is at the same benefit level under Article 4, Section C.
D. In the event that the Town eliminates a full-time or part-time position that is standalone, meaning the incumbent does not currently hold a title that renders him/her eligible to displace a less senior employee pursuant to Article 2027.A, Severance Paythen the incumbent shall be eligible for the following:
1. If immediately prior to filling the standalone position, the incumbent held another GMEA title, the incumbent shall be eligible for reemployment into a vacancy in their previously held title, provided that the incumbent meets the current qualifications of the vacant position; except as otherwise provided in the memorandum dated December 14, 2015, regarding the Administrative Assistant title, or such other similar subsequent memorandum that may be agreed to by the parties. If there is no immediate vacancy in their aforementioned prior title, the incumbent will also, simultaneously, be placed on the reemployment list for the prior title for twenty-four (24) months. Accordingly, if a vacancy becomes available in the incumbent’s prior title during their time on the reemployment list, they are eligible for appointment to this position in accordance with this paragraph as long as there are no other more senior employees also on the reemployment list for the same former position. If the incumbent is appointed to the prior title in a different department from where he/she was previously employed, they will serve a three (3) month trial period, and in the event the employee’s performance is determined to be unsatisfactory during the three (3) month trial period, the employee shall be terminated and his or her name shall be reinstated on the reemployment lists for both the standalone position and the previously held title for the duration of the twenty-four (24) month period.
22.07 An Employee who 2. If the incumbent is laid off not eligible for reemployment pursuant to paragraph 1 (above), then the incumbent shall be responsible placed on the reemployment list for providing twenty-four (24) months for the Employer with his current address eliminated position. During this time on the reemployment list, the incumbent is eligible to apply and test for recall purposesany GMEA positions that are posted by the Town for which the incumbent is qualified, and upon passing such examination and being certified to the resulting eligible list, shall receive priority to fill the vacancy subject to the seniority of other similarly qualified GMEA reemployment list candidates eligible for the position. No new Employees Those candidates appointed to a position pursuant to this provision will serve a six (6) month trial period, and in the event the employee’s performance is determined to be unsatisfactory during the six (6) month trial period, the employee shall be hired until those laid off have been given terminated and his or her name shall be reinstated on the reemployment list for the duration of the twenty-four (24) month period.
3. Notwithstanding paragraphs 1 and 2 above, part-time employees shall not be allowed to bump full-time employees or bump into full-time position(s).
E. For purposes of this Article, seniority shall be defined as follows: For regular full-time employees:
(i) All Town consecutive service as a regular full-time employee, with the Town, and
(ii) All prior Town Service as a regular full-time employee where the break in Town service is less than the employee’s total Town service as a regular full-time employee. For regular part-time employees:
(i) All Town consecutive service as a regular part-time employee with the Town, and
(ii) All prior Town Service as a regular part-time employee where the break in Town service is less than the employee’s total Town service as a regular part-time employee.
F. Periods of unpaid leave in excess of seven (7) calendar days shall be excluded in calculating an opportunity for re-employmentemployee’s seniority except if such leave is approved as FMLA leave.
Appears in 1 contract
Samples: Collective Bargaining Agreement