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.
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.
Recall from Layoff Full-time and regular part-time nurses shall be recalled in the order of seniority unless otherwise agreed between the Hospital and the local Union, subject to the following provisions, provided that a nurse recalled is qualified to perform the available work:
(a) Full-time and regular part-time nurses on layoff may notify the Hospital of their interest in accepting occasional vacancies and/or temporary vacancies which may arise and for which they are qualified. Such notification of interest shall state any restrictions on the type of assignment which a nurse is willing to accept, and shall remain valid for six weeks. However if a nurse declines an occasional or temporary vacancy the Hospital shall not be obliged to call upon the nurse again during the balance of such six-week period.
(b) For the purposes of this article, an "occasional vacancy" shall mean an assignment which is anticipated not to exceed five shifts (37.5 hours). Occasional vacancies shall be offered first to regular part-time nurses on layoff who have expressed interest, and if no such part-time nurse accepts then to full-time nurses on layoff who have expressed interest, and if no such full-time nurse accepts then to casual part-time nurses.
(c) For the purposes of this article, a "temporary vacancy" shall mean an assignment which is anticipated to exceed five shifts (37.5 hours). Temporary vacancies which arise in the full-time bargaining unit shall be offered by seniority first to full-time nurses on layoff who have expressed interest, and if no such full-time nurse accepts then by seniority to regular part-time nurses on layoff who have expressed interest, and if no such part-time nurse accepts then to casual part-time nurses. Temporary vacancies which arise in the part-time unit shall be offered by seniority first to regular part-time nurses on layoff who have expressed interest, and if no such part-time nurse accepts then by seniority to full-time nurses on layoff who have expressed interest, and if no such full-time nurse accepts then to casual part-time nurses.
(d) A nurse to whom an occasional or temporary vacancy is offered may accept or decline such vacancy and in either case shall maintain her or his position on the recall list. The acceptance of a temporary vacancy that is anticipated to exceed sixty (60) calendar days shall be considered a recall from layoff for purposes of Article 10.06(c). No new notice of layoff will be required and the nurse will be deemed to be laid off at the conclusion of the temporary vacancy. A full-time nurse on layoff who accepts a temporary full-time vacancy within thirty (30) days of the effective day of layoff will continue to receive benefit coverage for the duration of the temporary vacancy. A full-time nurse who has worked for more than 600 hours in 140 calendar days as the result of accepting one or more temporary vacancies shall thereafter be eligible for benefit coverage as a full-time nurse and shall be paid accordingly, and shall continue to receive benefit coverage so long as she or he continues to fill a temporary vacancy and such full-time employee shall accrue seniority in the manner prescribed for full-time employees throughout the period of employment. Otherwise, a full-time employee who accepts a temporary or occasional vacancy shall be paid her or his regular full-time rate of pay together with a percentage payment in lieu of benefits at the rate specified for part-time nurses. A full-time employee who accepts a temporary part-time vacancy or occasional vacancies as provided herein will accrue seniority throughout the period of such employment in the manner prescribed for part-time nurses. A part-time employee who accepts a temporary or occasional vacancy will accrue seniority throughout the period of such employment in the manner prescribed for part-time nurses.
Layoff and Recall Procedure a. In the event that a bargaining unit member's position is eliminated or reduced, or the bargaining unit member is bumped, said bargaining unit member shall have the right to bump the bargaining unit member with the least seniority among those bargaining unit members with equal or more scheduled work hours in the classification; provided that said bargaining unit member is qualified for the position.
b. Only if no position is available with equal or more scheduled work hours in the classification for which the employee is qualified and for which she is more senior, said bargaining unit member shall have the right to bump the bargaining unit member with lower seniority among those bargaining unit members whose number of work hours in the classification most closely aligns with her original hours; provided that said bargaining unit member is qualified for the position. The bargaining unit member shall have no more than two (2) work days after receipt of her layoff notice or schedule reduction notice to notify the Board in writing of her intention to exercise her right to bump, and the specific position which she intends to bump. If the employee fails to exercise her right to bump within two workdays under this article, she shall be laid off. If the employee exercises her right to bump under this article, the Board shall notify the bargaining unit member within two (2) workdays to verify the effective starting date for the position, and follow up said notification in writing as soon as practicable.
c. When a vacancy occurs, bargaining unit members in the classification who are on layoff shall be recalled in the following order:
(1) Laid off bargaining unit members in the classification of the vacancy in the order of most seniority first;
(2) Laid off bargaining unit members not in the classification of the vacancy in the order of most seniority first, provided that the bargaining unit member is qualified for the job;
(3) In no case shall a new employee be hired by the Board while there are laid-off bargaining unit members who are qualified for a vacant or newly-created bargaining unit position.
LAY-OFF AND RECALL 13.01 In the event of a proposed lay-off of a permanent or long-term nature, the Employer will:
(a) Provide the Union with at least ninety (90) days’ notice.
(b) Meet with the Union to review the following:
(i) the reasons causing the lay-off;
(ii) the service which the Employer will undertake after the lay-off;
(iii) the method of implementation, including areas of cutback and the nurses to be laid off.
13.02 In the event of a proposed temporary lay-off, a bed cutback or a cutback in service, the Employer shall provide the Union with reasonable notice. If requested, the Employer shall meet with the Union to review the effect on nurses in the bargaining unit.
13.03 Any agreement between the Employer and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of this Article.
(a) A lay-off shall be defined as any reduction of a nurse's hours of work and/or a permanent discontinuation of a position.
(b) In the event of a lay-off, nurses shall be laid off in the reverse order of seniority. Subject to the foregoing, probationary nurses shall be first laid off. Casual part-time nurses shall not be utilized while full-time or regular part-time nurses remain on lay-off, unless all laid off nurses have been offered and declined any available work. An offer will have been deemed to have been made and declined when the Employer has attempted to contact the nurse by telephone and there is no answer or a message is left with a person or on an answering machine for the nurse to contact the Employer within a specified period of time and this contact is not made by the nurse. For an offer of a permanent or temporary rotation, in excess of thirty (30) days, if the telephone contact was unsuccessful, the Employer will notify the nurse by registered letter. The offer will be deemed to have been made and declined if the Employer does not receive a written response from the nurse within ten (10) calendar days.
(c) A nurse who has been notified of an impending lay-off may:
(i) accept the lay-off; or
(ii) exercise the right to bump or displace another nurse who has lesser bargaining unit seniority.
(d) Nurses shall be recalled in the order of seniority, unless otherwise agreed between the Employer and the Union.
(e) Where a vacancy occurs in a position following a lay-off hereunder as a result of which a full-time or part-time nurse has been transferred to another position, the affected nurse will be offered the opportunity to return to her/his former position providing such vacancy occurs within six (6) months of the date of lay-off. Where the nurse returns to her/his former position, there shall be no obligation to consider the vacancy under Article 12.05
(a) (i). Where the nurse refuses the opportunity to return to her/his former position, she/he shall advise the Employer in writing.
(f) No reduction in the hours of work shall take place to prevent or reduce the impact of a lay-off without the consent of the Union.
(g) All full-time and part-time nurses represented by the Union who are on lay-off will be given a job opportunity in the full-time and part-time categories before any new nurse is hired into either category.
(h) A full-time nurse shall maintain her full-time status and recall rights when accepting temporary or part-time recalls. It is understood that a nurse doing such a temporary vacancy will receive the percentage in lieu of benefits as per Article A.02 (e).
(i) Full-time and part-time lay-off and recall rights shall be separate.
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.
Layoff Units
A. A layoff unit is defined as the entity or administrative/organizational unit within each college/district used for determining the available options for employees who are being laid off.
B. The layoff unit(s) for each college/district covered by this Agreement are described in Appendix B.
SENIORITY, LAYOFF AND RECALL A. Upon the offer of a position as a non-probationary bargaining unit member, as set forth in Article 7 [B], and the acceptance of the offer, the employee shall be entered on the seniority list, with seniority retroactive to the first day of employment as a probationary employee. There shall be no seniority among probationary employees.
B. Seniority shall be defined as the length of continuous service within a classification within the bargaining unit. Bargaining unit members, who transfer between classifications, or another bargaining unit, or to a supervisory position, will have seniority in his/her former classification frozen. Bargaining unit members simultaneously assigned to more than one (1) classification will accrue seniority in both classifications. Ties on the seniority list shall be broken by the first three digits of the bargaining unit member’s social security number with the bargaining unit member having the higher number being placed first. Seniority shall accumulate while on approved leaves and shall not be considered an interruption in continuous service. Bargaining unit members will lose seniority if the bargaining unit member quits, retires, is discharged, is absent for three (3) or more consecutive days without approval, or fails to return from recall in a timely fashion.
C. Classifications for purposes of this Agreement shall mean the following:
Classification I: Special Education Paraeducators: providing instructional support, behavior management, daily living needs and/or community based support services. Classification II: Overload Paraeducators: providing classroom overload support services. Classification III: Title I Paraeducator
D. It is specifically recognized that it is within the sole discretion of the Board to reduce its staff. Layoff shall be defined as a reduction in the number of bargaining unit members or a reduction in the bargaining unit member’s hours. In the event it becomes necessary to lay off, the following procedures will be implemented:
1. Temporary and probationary employees within the affected classification will be laid off first, provided that the remaining bargaining unit members within the classification are qualified and available to perform the work for the positions scheduled to be retained.
2. In the event it is necessary to lay off bargaining unit members with seniority, the bargaining unit member[s] in the position being eliminated shall be laid off on the basis of seniority, provided that the remaining bargaining unit members within the classification are qualified and available to perform the work of that position. Bargaining unit members affected by a layoff shall have the right to displace the least senior bargaining unit member in that classification, if they are qualified and can perform the duties of that position.
E. Attempts will be made by the Employer to keep bargaining unit members likely to be affected by layoff informally updated. Bargaining unit members scheduled to be laid off shall be given at least fifteen [15] working days written notice prior to the effective date of the layoff. Upon request, the Employer will meet with the Association President to view the layoff list prior to its implementation.
F. Bargaining unit members currently working in the unit shall be eligible for a vacancy before laid-off bargaining unit members are recalled. However, bargaining unit members on layoff shall be recalled before granting any positions to external candidates. Bargaining unit members will be recalled to positions within the classification from which the bargaining unit member was laid off in the inverse order of layoff, provided the bargaining unit member is qualified and can perform the work of that position. Notice of recall will be sent by Certified mail to the bargaining unit member’s last known address on file with the Human Resources Office of the Employer. It shall be the bargaining unit member’s responsibility to keep the Employer notified as to his/her current mailing address. A copy of recall notices will be sent to the Association President. Bargaining unit members will have five (5) calendar days to return to work, except under extenuating circumstances authorized by the Superintendent. The refusal to grant an extension shall not be subject to the grievance procedure. A bargaining unit member who declines a recall for which she/he is qualified shall forfeit his seniority and employment rights under this Agreement. Recall rights shall terminate twenty-four [24] months from the effective date of the bargaining unit member’s layoff. Thereafter, a bargaining unit member shall lose his/her rights to recall.
G. For purposes of layoff, displacement and recall, the requirement that a bargaining unit member be qualified and able to perform the work of a position includes the requirement of the work of instructional support, living assistance, community-based support and/or behavior management support, as may be required in the particular position in question.
Layoff If there are changes of duties in the organization, lack of work, or lack of funds, the City Manager may lay off employees. All temporary and seasonal positions shall be laid off prior to the layoff of any regular status bargaining unit employees, so long as the temporary work falls within the usual and customary duties of the bargaining unit employee. An employee shall be given notice of a layoff with as much notice as reasonably possible, but no less than fourteen (14) calendar days before the effective date. Notice of the layoff will be given to the Local Union President, or designee, and to the employee. Employees shall be laid off in a division in the inverse order of their bargaining unit seniority within the job description affected by the layoff. The City Manager shall first make every reasonable effort to integrate those employees into another position by transfer or consider alternatives to layoff by the Union. Within individual division, a bargaining unit employee scheduled for layoff may bump the least senior employee at the same or lower salary range occupying a position the employee previously held in the employee’s present department. An employee wishing to bump must exercise his or her right within five (5) calendar days from the date he or she receives his or her layoff notice. To bump to the position, the employee must have completed probation in the position they are bumping to. A bump will only be allowed if the employee is still able to perform the essential functions of the job and has all the qualifications presented in the job description. In the event an employee does not currently have the relevant certification/license, the employee is still eligible to exercise this bumping right provided the pertinent certification/license is and can be obtained within six (6) months. An employee who bumps another employee must complete probation in the position. Failure to make probation within six (6) months will result in the employee’s termination. In an effort to minimize the disruption to the workforce, an employee that is bumped will not have a right to bump and will be laid off. When layoffs occur in a part-time position, part-time seniority cannot be applied to the same full- time position in the department. This means a part-time employee cannot bump a full-time employee under any circumstances.
