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.
Appears in 13 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 1. The Employer has the Employer determines, because discretion to determine the necessity for and implementation of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff in the work force. If such is deemed necessary, it will be administered according to seniority within the Employer shall notify job classification affected. All temporary, part-time and probationary employees working in the affected employees twentyclassification will be laid off prior to the termination of permanent, non-one probationary employees. Except in cases of emergency, written notice of layoff will be given at least fourteen (2114) 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 layoffslayoff.
Section 19.2 Classifications The Employer shall determine 2. If an employee is designated for layoff, he/she may be eligible to exercise "bumping" rights. "Bumping" rights may be exercised to another position, provided all of the following conditions are met:
A. Position is in the same occupational category. For purposes of this Section, occupational categories have been established as follows: Professional; Administrative, Clerical, Technical and Security; Custodial and Maintenance. (See Appendix "B")
B. Position has an equal or lower point evaluation than held by the laid off employee.
C. Laid off employee is fully qualified to perform the duties of such position.
D. Position is encumbered by a less senior employee. If more than one position meets the above conditions, the laid off employee has "bumping" rights only to the position which classification(s) layoffs will occuroffer the most favorable pay situation. Within each classification affectedIf more than one position is determined to offer a "most favorable" pay situation, employees the laid off employee will be laid off in accordance with their classification seniority for entitled to the classifications affected position held 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 3. An employee to be recalled from a layoff 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, so notified as far in the inverse order of their layoff. Notice of recall shall be sent to the employees advance as possible 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, mailed to his last address as shown on the last mailing address provided by the employeeEmployer's record. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his address. The Any employee so recalled employee shall have seven (7) calendar days following the receipt of the recall notice to notify the Employer of his intention to must 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) consecutive calendar days after receiving such notice, or at a time and date indicated in the notice, whichever is later. Any employee failing to do so shall automatically lose his/her seniority rights and shall be terminated. An employee shall be removed considered as having received notice of the recall as of the date such notice is delivered to his last known address. It is the employee's responsibility to keep the Employer informed of his current address and phone number. Employees on layoff shall be recalled in order of their seniority, prior to hiring of new employees in their affected classification. Employees will not be eligible for recall after they have been in a layoff status for more than twenty-four (24) months from the date of layoff. Probationary and seasonal employees have no 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 Reviewrights.
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.
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsSeniority shall govern in cases of layoff and recall, Notice When provided the Employer determines, because of lack of work, lack of funds, reorganization, or a job abolishment that is employee has the ability to last more than one (1) year, a layoff is necessary, perform the Employer work required. Employees 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 layoffsbe recalled by classification as required.
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will be A. Employees laid off in accordance with their classification seniority for the classifications affected above provisions by the layoffEmployer shall be recalled to work in order of length of service with the Employer, provided:
1. No more than six (6) months has elapsed since the last day worked by the employee;
2. For employees with one (1) year or more of service, no more than twelve (12) months has elapsed since the last day worked by the employee;
3. The employee(semployee reports for duty within twenty-four (24) with hours from time of recall. If an employee, when contacted, for proper and sufficient reason is not immediately available to commence work, the least classification seniority as defined in Article 20 will next employee on the list can be laid off firsthired temporarily. Bumping If the contacted employee cannot report for work until three (3) working days later, he or displacement will also occur in accordance with the employee’s she shall exchange his or her seniority with the least senior employeenext employee on the list who is immediately available for employment until he or she is recalled, as defined by Article 20at which time he or she shall resume his or her original seniority status. If he or she does not report in one (1) calendar week from date of recall without proper or sufficient reason, laid off first.
Section 19.3 Recall List Employees who are laid off he or she 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 dropped from the recall seniority 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 keep the training in a timely fashion established by the EmployerEmployer informed of his or her current address and telephone number. If the Employer is unable to contact the employee fails to complete within five (5) working days, or if the trainingemployee is contacted and refuses the employment without proper and sufficient reason by the end of the five (5) day period, the employee may will be removed without recourse to dropped from the grievance procedure or the State Personnel Board of Reviewseniority list.
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 seniority4. The employee displaced will be is capable of performing the one with the least senioritywork.
B. The foregoing shall not apply to:
1. 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 employed in a previously-held classification has less “Key Personnel” positions who are not scheduled by company seniority, then the employee seeking to displace shall be laid off.
2. Employees displaced hired to work on relief staff or replace employees who are absent due to vacations, sickness, accident or other Leaves of Absence. Employees rehired in accordance with Section 8.04 (B) above shall be placed on retain their previous length of service for the recall list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationpurposes of this Section and Section 17.
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 ReasonsIn cases of layoff and recall from layoff, Notice When seniority shall govern, providing the Employer determines, because of lack of work, lack of funds, reorganization, or a job abolishment remaining employees have the qualifications to perform the work available. It is understood that probationary employees shall be first laid off. Unless legislation is more favourable to last more than one (1) year, a layoff is necessarythe employees, the Employer Corporation shall notify the affected Union and the employees twenty-one who are to be laid off thirty (2130) calendar days in advance of prior to the effective date of any layoff which is expected to exceed fifteen (15) working days. If employees have not had the opportunity to work their regular scheduled work days during the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. Employees receiving notice of layoff may accept the layoff, bump the most junior employee in their level or job abolishmentbelow or accept placement in a vacant position that they are fully qualified to perform. It No employee shall bump into or be placed into a position that 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 a higher level than the position from which classification(s) layoffs will occurthey have been laid off. Within each classification affected, employees Every effort will be made to find alternative work for any employee who is prevented from carrying out his/her normal duties due to circumstances beyond his/her or the Corporation’s control. Employees who have been laid off in accordance with from their classification seniority for the classifications affected by the layoff. The employee(s) jobs and have not accepted alternative permanent employment with the least classification seniority as defined in Article 20 City of Xxxxxxx will be have the right to recall to the position from which they were 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 displaced for a period of eighteen (18) months. If there is a recall, employees who are still on one year from the recall list shall be recalled, in the inverse order date of their layoff. Notice of recall shall No new employee will be sent hired to the employees by certified or registered mail. The Employer shall be deemed perform work that an employee on layoff is capable and qualified to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employeeperform. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his address. The being 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 from layoff will be offered position vacancies for which they are qualified at 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 same or lower level 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 position they were laid off. Employees displaced shall will be placed on the required to accept recall list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationposition at the same level from which they were laid off provided that they are fully qualified for the position. In all cases of layoff the Corporation and the Union will enter into discussions to find an appropriate placement solution for any laid off employees prior to going through the bumping process.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines, because A. Layoff and displacements may occur as a result of lack of work, funds and/or lack of funds, reorganization, work or a job abolishment that is or job redesign. In any such event, layoff & recall will be in accordance with the Ohio Revised Code, Section 124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers between employing units will be made whenever possible.
B. The City will provide the Union with a copy of the "layoff Statement of Rationale" at least 30 days prior 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 a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoffs or displacement. Employees have the right to appeal the procedural aspects of layoff or job abolishment. It is understood and agreed that no provisions of displacement to the Civil Service Law Commission or rules through the grievance process, but not both. In the event an employee elects the grievance process the grievance shall apply to layoffsbegin at step 3.
Section 19.2 Classifications The Employer shall determine C. Whenever there is a reduction in which classification(s) layoffs will occur. Within each classification affectedthe workforce, permanent employees will who have passed their probationary period are the last to be laid off in accordance with their a classification seniority within the employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualifications contained in the job description for the classifications affected by position.
D. If the layoffemployee whose position has been eliminated:
1. Has more Bargaining Unit seniority than any other employee occupying the same classification within the same employing unit and at the same or lower rate of pay, but in a different classification, and otherwise meets all the qualifications required for the classification pursuant to approved classification specification, the employee with the lowest Bargaining Unit seniority in the classification will be displaced within the employing unit before City-wide displacement of the classification.
2. The employee(s) employee with the least Bargaining Unit seniority City-wide within the classification seniority as defined in Article 20 will be laid off firstdisplaced. Bumping That employee will have the opportunity to displace the least senior bargaining unit employee within the classification series, pursuant to the Civil Service rules, prior to layoff.
3. Employees who are relocated into division one classification positions as a result of layoff or displacement will also occur in accordance be granted no greater entitlement with the employee’s seniority regard to any future layoffs or displacements. In no case will an employee bump another employee with the least senior employee, as defined by Article 20, laid off firstgreater Bargaining Unit seniority.
Section 19.3 Recall List Employees who are laid off shall be placed on a recall list for a period of eighteen (18) months4. 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 In addition 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 recallbumping opportunities outlined herein, an employee must receive additional trainingmay bump into a position at the same or lower rate of pay he or she formerly held in the bargaining unit, provided they meet the Employer shall provide and pay qualifications contained in the job description 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 trainingposition, the employee but 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 not 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 senioritygreater Bargaining Unit Seniority.
5. The Human Resources Department will distribute Bargaining Unit Seniority lists to each department and a copy to the Union no later than 30 days prior to a layoff or earlier whenever possible. These lists shall be posted in such a fashion to allow all affected employees the opportunity to review the lists.
6. When an employee displaced is laid off, he or she will receive all wages due including, at the employee's option, all accumulated vacation pay. Such payments will be made no later than 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 pay period after 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.
Appears in 5 contracts
Samples: Labor Management Agreement, Labor Management Agreement, Labor Management Agreement
Layoff and Recall. Section 19.1 ReasonsIf the Administration determines that it may be necessary to abrogate for financial reasons the contract of any graduate student employee prior to its expiration date, Notice When the Employer determinesAdministration shall so notify GEO and shall provide a reasonable period of time, because of lack of workand, lack of funds, reorganization, or a job abolishment that is to last more than one (1) yearwhenever possible, a layoff is necessaryminimum of thirty days, to receive advice from GEO. If, after considering the advice of GEO, the Employer Administration determines that it remains necessary to abrogate for financial reasons the contract of any graduate student employee prior to its expiration date, the Administration shall so notify GEO and shall provide to GEO a list of affected individuals. Affected individuals shall receive, whenever possible, a minimum of one semester notice. Affected individuals shall receive all tuition and fee waivers for which they would have been eligible had their contract not been terminated prior to its expiration date and shall receive 50% of the affected employees twenty-one (21) calendar days remainder of their stipend for the semester in advance of which the contract abrogation takes effect. If, at any time within three years from the effective date of a layoff for financial reasons, 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 department from which classification(s) layoffs will occur. Within each classification affected, employees will be a graduate student employee was laid off in accordance with their classification seniority decides to make a graduate student employee appointment for which 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 recalledindividual is, in the inverse order opinion of their layoffthe department head, qualified, the laid off individual will have recall rights to that position. Notice of recall Within a department in which layoffs occur, the appointment and reappointment criteria developed under Article 23 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 noticeapplied as appropriate. If the Administration determines that it may be necessary to abrogate, due to organizational or programmatic changes, the contract of any graduate student employee does not respond within seven (7) calendar prior to its expiration date, the Administration shall so notify GEO and shall provide a minimum of thirty days the employee shall be removed to receive advice from the recall listGEO. If, upon recall, an employee must receive additional trainingafter considering the advice of GEO, the Employer Administration determines that it remains necessary to abrogate, due to organizational or programmatic changes, the contract of any graduate student employee prior to its expiration date, the Administration shall so notify GEO and shall provide to GEO a list of affected individuals. Affected individuals shall receive a minimum notice period of one semester. Affected individuals shall receive all tuition and pay fee waivers for which they would have been eligible had their contract not been terminated prior to its expiration date and shall receive 50% of the remainder of their stipend for the training required to maintain his certificationsemester in which the contract abrogation takes effect. The employee In non-academic departments, layoffs 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 occur in the classification or assignment and displaces an employee with less order of reverse seniority. Employees from other bargaining units This article shall 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 apply 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 classificationsuspension or termination for cause.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice A. When a reduction in 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 work force is necessary, the Employer employees 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 seniority in their job classification provided that the remaining employees possess the necessary skill, qualifications, necessary licensure and ability to perform the available work in an efficient manner. Affected employees who are removed from their job classification may exercise their seniority by bumping in to a lower job classification for which the classifications affected by employee is properly qualified and able to perform the layoffavailable work. The employee(s) with the least classification seniority as defined in Article 20 Probationary and temporary employees will be laid off firstbefore any full time employee.
B. Whenever practical, full time employees to be laid off will be notified at least ten (10) work days prior to the effective date of the layoff. Bumping or displacement Unless circumstances make the giving of advance notice impractical, no full time employee will also occur be laid off without having received at least forty eight (48) hours notice. The Union will be notified at the same time as the affected employee.
C. Recall of laid off full time employees shall be in accordance inverse order of seniority. The laid off full time employee with the employee’s most seniority with will be recalled first, provided such full time employee is properly qualified, licensed and able to perform the least senior employee, as defined by Article 20, laid off firstavailable work in a satisfactory and efficient manner.
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, D. The Employer will notify in writing those full time 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 return to work by mailing such notice 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 furnished the Employer by the full time employee. Employees shall be responsible for keeping the Office A full time employee thus notified, in writingmust, of any changes in his address. The recalled employee shall have seven within three (73) calendar days following the after receipt of the recall notice to notify such notification, advise the Employer of his intention whether he/she intends to return to work and shall have fourteen must report to work within ten (1410) calendar days following after such receipt unless the receipt of the recall notice Employer extends such time in which writing. Failure to report for dutywork within the ten (10) day time limit, unless a different date or within an extension if granted, shall be cause for returning to work is otherwise specified in termination of employment. In the notice. If the event an employee does not respond sign for the certified mail within seven five (75) 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 trainingdays, the employee is considered to have been notified.
E. A laid off full time Employee may be removed without recourse elect to continue his/her medical insurance coverage under COBRA guidelines. The full time employee will bear the entire cost of such insurance continuation and must make payment to the grievance procedure or the State Personnel Board Employer within fifteen (15) days of Reviewbeing invoiced. Failure to make payment on time will cancel all benefits.
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 F. Any full time employee who is displaced may take discharged for cause, who quits voluntarily, or whose employment is otherwise terminated shall forfeit his/her seniority and all other rights and benefits under this agreement. If such full time employee should later be re-employed in the bargaining unit, his/her seniority and all other rights and benefits will begin anew as of the new date of hire; provided he/she satisfactorily completes his/her probationary period.
G. Seniority and the employment relationship shall terminate after a voluntary layofffull time employee has been continuously laid off for a period of one (1) year; provided, when layoffs occur rather than displace to a lower classification.however, if during the final thirty
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 13.01 A layoff shall be defined as a reduction in the Employer determines, because of lack of work, lack of funds, reorganization, or workforce other than a job abolishment reduction in the workforce that is expected to last more less 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 or that is as a result of an unexpected or unavoidable temporary discontinuance of all or part of the recall notice to notify Employer’s operations.
13.02 In the Employer event of his intention to return to work layoff 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 off in the reverse order of their seniority within their job classification and by location and recalled in order of their seniority, provided the employees who remain on the recall list. job have the qualifications, skill and ability to immediately perform the job duties.
(a) An employee who is displaced may take laid off or bumped may, within three (3) working days of being laid off or bumped, bump, regardless of location, the junior employee in the employee’s classification first, in the employee’s classification grouping second, in a voluntary lower paying job classification within the employee’s wage schedule third, and Agency wide fourth, provided the employee exercising the right to bump has relatively equal qualifications, skill and ability to immediately perform the job duties as the junior employee, provided the Employer does not exercise its discretion in determining relative equality in an arbitrary, capricious, or discriminatory manner.
(b) For the purposes of this Article, classifications, classification groupings and wage schedules are as set out in the Wage Schedules referred to in Article 24.01 of this Collective Agreement.
(c) An employee who is unable to bump a junior employee at the employee’s geographic location will be permitted to jump the minimum number of steps in (a) required to allow the employee to bump a junior employee in the employee’s geographic location. Employees exercising the right to bump in accordance with this article may, but will not be forced to bump into another geographic location.
(d) Other than as provided in (c) an employee shall not proceed to the next step in the bumping process outlined in (a) unless the employee is unable to bump a junior employee at the previous step.
13.04 The Employer shall give the Union and all employees not less than two (2) weeks’ notice of permanent layoff.
13.05 Probationary, casual and contract employees shall be laid off before any permanent full-time or permanent part-time employee is laid off and shall have no recall rights.
13.06 A sponsored employee shall not be subject to lay-off or bumping.
13.07 A permanent full-time or permanent part-time employee, other than a probationary employee, who is laid off shall retain recall rights for twelve (12) months from the last day of work prior to the commencement of the layoff.
13.08 During periods of layoff, when layoffs occur rather than displace casual shifts will be offered first to qualified permanent full-time and permanent part-time employees who are laid off. Acceptance of casual work is optional and will not be considered as a lower classificationrecall.
13.09 An employee who exercises the right to bump has the right to post for jobs internally within the first twelve (12) months. This will not contravene Article 12.05.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons28.01 When it becomes necessary to eliminate positions or reduce the working force, Notice When Employees may be laid off:
(a) Except where xxxxxx is caused by circumstances beyond the Employer determinescontrol of the Employer, because of lack of work, lack of funds, reorganization, or a job abolishment that is to last more Employees will be given the following notice:
(i) for Employees with less than one (1) year's service, a layoff is necessarythirty (30) calendar days, the Employer shall notify the affected employees twenty-or
(ii) for Employees with one (211) or more years' service, sixty (60) 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 layoffsdays.
Section 19.2 Classifications The Employer (b) A laid off Employee may request pay in lieu of notice and the granting of such request is at the Employer’s discretion.
28.02 Both parties recognize that job security shall determine increase in which classification(s) layoffs will occurproportion to length of service. Within each classification affectedTherefore, employees will in the event of a layoff, Employees shall be laid off in accordance with the reverse order of seniority in their classification seniority for within the classifications affected by bargaining unit where the layofflay- off is occurring. The employee(s) with the least classification seniority as defined in Article 20 will An Employee about to be laid off first. Bumping may bump any Employee with less seniority in their own classification or displacement any lower classification in Schedule "1" within the bargaining unit, providing the Employee exercising the right is qualified to perform the work of the Employee with less seniority.
28.03 An Employee recalled to employment will also occur be placed in accordance with the employee’s seniority with position from which the least senior employee, as defined by Article 20, Employee is laid off firstor, if such position no longer exists, shall be recalled to another position within the bargaining unit from which they were laid off and which the Employee is capable of filling. The Employee will receive that rate of pay enjoyed at the time prior to layoff, unless recalled to a position for which the maximum rate is lower than the rate enjoyed prior to layoff, in which case, the Employee will receive the maximum rate for the position to which the Employee is recalled.
Section 19.3 Recall List 28.04 Following the expiration of the notice period, Employees who are laid off shall be placed on a recall list and shall have first rights, in order of their seniority, to any vacancy in their former job classification or to a classification for a period of eighteen (18) monthswhich the Employee is qualified. If there The Employer will not hire new Employees to such classifications while an eligible Employee is a recall, employees who are still on the recall list list. Employees recalled to their previous classification shall receive the current rate for the step in the salary range, which they held at the time of layoff. Employees recalled to another classification shall be recalledplaced in a step where they would receive at least the current rate for the step in the salary range which they held at the time of layoff; however, in any event, Employees recalled shall not be paid more than the inverse order of their layoffmaximum for the classification to which they are recalled. Such rights will expire twelve (12) months after the date the Employee was placed on the recall list.
28.05 Time spent by a Probationary Employee on layoff will be added to the probationary period.
28.06 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 Registered Mail at the last mailing address provided by the employee. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his known address. The recalled employee shall have seven (7) calendar days following the receipt of the Failure to accept a 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 of the employee notice shall result in a termination of recall rights.
28.07 An Employee receiving layoff notice may elect to receive the following severance in lieu of recall rights. An Employee who elects to receive severance shall cease to have any rights under the Collective Agreement. Full Years of Continuous Employment Weeks of Pay at Regular Rate of Pay 2 15 3 16 4 17 5 19 6 22 7 25 8 28 9 31 10 34 11 37 12 40 13 plus 43
28.08 In order to avoid the necessity for layoffs, an Employee may volunteer to take the severance in Article 28.07. The Employer reserves the right to approve or deny any such request. A written response shall be removed from provided to the recall list. If, upon recall, Employee within two (2) weeks of the request.
28.09 If an employee must receive additional trainingEmployee in receipt of the severance package is recalled or reemployed prior to the period paid as severance being exhausted, the Employer Employee shall provide remit the remaining severance amount, less any lawful deductions at source, to the Employer.
28.10 Should the Negotiations between the Government of Alberta and pay for the training required Alberta Union of Provincial Employees on behalf of the General Service result in an increase to maintain his certification. The employee the amount of severance paid in the event of layoff, such increased rate shall be required to complete the training reflected 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 Reviewthis article.
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.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 13.1. When the Employer determines, because of lack of work, lack of funds, reorganization, or determines that a job abolishment that is to last more than one (1) year, a long-term layoff is necessary, the Employer it shall notify the affected employees twenty-one and the FOP fifteen (2115) calendar days in advance of the effective date of the layoff. The Employer, upon request from the FOP, agrees to discuss, with representatives of the FOP, the impact of the layoff or job abolishmenton bargaining unit employees. It is understood and agreed that no provisions of Civil Service Law or rules Any layoff in the bargaining unit 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 instituted in accordance with their classification seniority for the classifications affected by the layoff. The employee(s) with the least classification seniority seniority, as defined in Article 20 will 12 of this Agreement. Layoffs shall 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 firstorder of inverse seniority.
Section 19.3 Recall List 13.2. Employees who are laid off shall be placed on a recall list for a period of eighteen three (183) monthsyears. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work in the work section to which they are recalled. Any recalled employee requiring additional training to meet the position qualifications in existence at the time of recall must satisfactorily complete the additional training requirements within twelve (12) months of the recall. Any refresher training required in this Section shall be at the Employer's expense.
Section 13.3. Notice of recall shall be sent to the employees employee and the FOP by certified or registered mail. The Employer shall be deemed to have fulfilled its obligation obligations by mailing the recall notice by registered certified 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.
Section 13.4. The recalled employee shall have seven five (75) calendar days following the receipt date of delivery of the recall notice to notify the Employer of his his/her intention to return to work and shall have fourteen (14) calendar days following the receipt delivery 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 seniority13.5. The employee displaced will be the one with the least seniority. Employees seeking University shall make a good faith effort to displace less senior employees will displace to the most recently held classification, and the next most recent, etc. until the employee place any laid off bargaining unit member into a vacant University job that he/she 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 classificationqualified for.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 1. 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, determines a layoff is necessary, the Employer shall notify the affected employees twenty-one employees, in writing at least thirty (2130) calendar days in advance of the effective date of layoff. The Employer, upon a written request from the Union, agrees to discuss with representatives of the Union, the impact of the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffson bargaining unit employees.
Section 19.2 Classifications The 2. When the Employer shall determine in which classification(s) determines that 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) as defined Article 11, "Seniority", beginning 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 firstseniority.
Section 19.3 Recall List 3. Employees who are laid off shall be placed on a recall list for a period of eighteen three (183) monthsyears. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse reverse order of their layoff.
Section 4. Notice of recall shall be sent to the employees employee by certified or registered mail, return receipt requested. A copy will also be sent to the Union. 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 of the employee. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his address.
Section 5. The recalled employee employees shall have seven (7) calendar days days, following the date of the receipt of the recall notice to notify the Employer of his the employee's intention to return to work and work. The employee 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 A physical may be required for employees laid off more than one year the employee does not respond within seven (7) calendar days the employee physical shall be removed from at 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 Reviewemployers expense.
Section 19.4 Bumping Bumping rights will be extended to the employee under this Agreement6. Employees may bump or displace All Non-essential, Part-time and Reserve 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 suspended prior to any full time bargaining unit member being 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 classificationoff or abolished.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines, because of lack of work, lack of funds, reorganization, or (a) A “short-term layoff” shall mean any layoff which is not anticipated to exceed three (3) months in length. A “long-term layoff” shall mean any layoff which is not a job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer shall notify the affected employees twentyshort-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 term layoff. The employee(s) with layoff of employees shall be in reverse order of seniority providing that employees remaining are qualified to perform the least classification seniority as defined in Article 20 will available work. Probationary employees shall be laid off first. Bumping Full-time lay-offs shall be separate from Part-time lay-offs. Notwithstanding this provision, when Full-time or displacement Part-time employees choose to bump and there are no employees with less seniority on the applicable Full-time or Part-time seniority list as the case may be, then the lists will also occur in accordance be merged for purposes of bumping. Consistent with the employee’s seniority with the least senior employeeopportunity to bump, 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, all employees who are still potentially impacted will be given notice of lay-off at the outset of the process. The decision of the employee to choose to bump must be given to the Employer in writing within 7 calendar days following the notification of lay- off. Employees failing to do so will be deemed to have accepted the lay-off. No agency or new hires will be used when there is an employee on lay-off provided that the recall list employees on lay-off are qualified to perform the available work. Recall to a regular Part-time or Full-time position shall be recalled, in the inverse order of their layoffseniority. Notice of recall shall will be sent to the employees by certified or registered mail. An employee will respond within 7 calendar days and shall be available for work within an additional 14 days unless otherwise agreed. The Employer shall be deemed to have fulfilled its obligation by mailing and Union will meet and discuss the recall notice by registered mail, return receipt requested, to layoffs at the last mailing address provided by earliest opportunity. This discussion will include the employee. Employees shall be responsible for keeping service which the Office notified, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar days following Home will undertake after 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 Reviewlay-off.
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.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 12.1. No bargaining unit member shall be laid off unless the Employer determines, because of established a lack of work, lack of funds, reorganization, or a job abolishment that is abolishment. The Employer shall utilize attrition prior to last more than one (1) year, a layoff is necessarymaking any layoffs. All layoffs shall be made in accordance with seniority, the Employer least senior Security Officer being laid off first. Such bargaining unit member shall notify the affected employees twenty-one (21) calendar days retain all recalling rights as provided in advance of the effective date this Agreement.
Section 12.2. Bargaining unit members who are laid off shall have recall rights. Recall shall be in inverse order of the layoff or job abolishmentdemotion. It is understood and agreed that no provisions of Civil Service Law or rules No person shall apply be hired in to layoffsa bargaining unit position while there are bargaining unit members on layoff.
Section 19.2 Classifications The Employer 12.3. Failure to bump or failure to accept a recall to a part-time position 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 NOT jeopardize an employee’s seniority with the least senior employee, as defined by Article 20, laid off first's recall rights to a full-time position.
Section 19.3 Recall List 12.4. 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.
Section 12.5. Notice of recall shall be sent to the employees employee by certified or registered mail. The Employer shall be deemed to have fulfilled its obligation obligations 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.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsFor the purposes of layoff and recall, Notice When seniority is defined as length of continuous service in the Employer determines, job classification in the Office Area. For layoff 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) employee with the least classification seniority as defined in Article 20 will the Office Area shall be laid off firstselected provided that an employee scheduled for layoff may be retained where he/she is performing duties which no more senior qualified employee is able to perform. 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 to their Office Area of employees who are laid off shall will be placed on a recall list for a period of eighteen (18) months. If there is a recall, employees who are still made on the recall list shall be recalled, in the inverse order basis 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 greatest 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 laid off and recalled to his/her Office Area within four years shall regain the seniority he/she had and shall be credited with the sick leave to which he/she is entitled at the time he/she was laid off. An employee who is not recalled within four years shall be considered terminated. When two or more employees with an identical seniority date in the bargaining unit are scheduled for layoff or recall, a voluntary lottery drawing shall be held to determine selection of the employee to be laid off or recalled. The Union representative shall be present at the lottery drawing. Only one such lottery drawing shall be necessary to determine seniority for the list. An employee while on layoff from an Office Area shall be offered assignment to an opening in his/her title in any other Office Areas in the borough before any new applicants are assigned. An employee on layoff who accepts such assignment to another Office Area shall begin to earn Office Area seniority from the effective date of that assignment, and shall maintain recall rights back to his/her original Office Area in accordance with the recall provision of this Article. For purposes of seniority the elementary, junior high and intermediate schools in each district shall constitute a separate Office Area. For the high schools each borough shall constitute a separate Office Area and for the warehouse and distribution locations the Warehouse and Distribution Section shall constitute a single Office Area. If an hourly senior school lunch helper is laid off, the employee shall regain seniority in his/her prior job classification and have the right to bump those employees in the lower classification with less seniority provided the employee previously held a lower title. Employees and the Union will be given ten days notice of layoff, when layoffs occur rather than displace to except for compelling reasons. The Union will be given twenty days notice of a lower classificationmass layoff at a work location, except for compelling reasons.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons1.1 If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, Notice When the Employer determines, because of lack of work, lack return to duty of fundsregular employees from a leave of absence, reorganizationbuilding closing or a projected deficit in financial resources as substantiated by current financial statements, the following procedure shall govern such layoff:
1.1.1 The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a job abolishment that is position.
1.1.2 Whenever it becomes necessary to last more than one (1) yearlayoff employees within a classification for reasons as stated above, 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) according to district-wide seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, order of hire will prevail as evidenced by adoption of the Board Resolution of employment.
1.1.3 The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
A. Account Clerk
B. Bus/Pupil/Staff Support Aide/Inventory Aide
C. Head Bus Driver
D. Bus Driver
E. Head Cook/Cashier/ Cafeteria Staff F. Educational Aide/Library Aide G. Head Mechanic/Vehicle Maintenance H. Health Aide
I. Maintenance, Custodian I, Groundskeeper/Custodian, Custodian II, Custodian III, J. Network Coordinator
K. School Secretary/ Payroll Clerk Transportation Secretary/ Board Office Administrative Secretary/Guidance Secretary
L. PT Floating Custodian (8 Hours per week)
M. Low Incidence Bus Aide Any employee in the Bargaining Unit laid off under the above procedure may exercise the bumping rights in this section. Employees must notify the Superintendent in writing within 5 work days of their intention to exercise one’s bumping right. Bumping rights shall entitle qualified (as defined in Article 20 will be laid off first. Bumping or displacement will also occur X, Section 1.1.1) employee whose contract has been suspended on account of a reduction 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 force 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.seniority in:
Appears in 4 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Layoff and Recall. Section 19.1 ReasonsA. In the event the district's financial circumstances, Notice When the Employer determines, because of lack of work, lack of funds, reorganizationreduced enrollment, or a job abolishment that is other factors make it necessary for the Board to last reduce the number of bargaining unit members or otherwise to eliminate or consolidate positions, the provisions of this Article shall apply.
B. The order of any staff reduction of more than one thirty (30) days shall be determined by the Board on the basis of seniority within each affected classification (office personnel, paraprofessional personnel, health paraprofessional personnel, and food service personnel).
C. A layoff shall be subject to the following conditions:
1. If the layoff shall be for more than thirty (30) year, a layoff is necessarywork days, the Employer Board shall notify the affected employees twenty-one give sixty (2160) days notice if possible, but in any event no less than fourteen (14) calendar days in advance notice of layoff to the effective date individual(s) involved and to the Association.
2. Any layoff shall suspend for the duration of the layoff the Board's obligation to pay salary or job abolishmentfringe benefits under any individual contract of employment or under this Agreement; however, an employee shall be eligible to receive any benefits which were earned but not yet paid prior to the layoff, including applicable fringe benefits. It is understood and agreed In addition, the Board agrees to permit the employee to continue payment of all insurance premiums that no provisions of Civil Service Law or rules shall apply to layoffsare permitted under the Consolidated Omnibus Reconciliation Act (COBRA).
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 D. Recall List Employees who are laid off shall be placed on a recall list for a period of eighteen (18) monthssubject to the following conditions:
1. If there no recall date is a recall, employees who are still on the recall list shall be recalled, set forth in the inverse order notice of their layoff. Notice , the Board shall give written notice of recall shall be sent to the employees from layoff by sending a certified or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mailletter, return receipt requested, to the last mailing address provided by employee at the employee's last known address. Employees It shall be responsible for keeping the Office notified, in writing, responsibility of each employee to notify the Board of any changes change in his address. The recalled If an employee fails to report to work at the time specified in the notice, which time shall have not be less than seven (7) calendar days following from the date of 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 if no time was specified in the notice. If notice of layoff, unless an extension is granted in writing by the employee does not respond within seven (7) calendar days Board, the employee shall be removed considered a voluntary quit and shall thereby terminate the employee's individual employment and any other employment relationship with the Board.
2. The Board shall recall employees in each classification in the inverse order of layoff within each classification for a period of thirty-six (36) months from the recall listeffective date of the employee's layoff. 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 If a vacancy exists in a timely fashion established by the Employer. If the employee fails to complete the trainingclassification where no employees are laid off, 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 laid off bargaining unit members in other classifications so long as who are determined to be qualified by the Board for the vacancy shall be recalled in the inverse order of layoff.
E. The Board shall maintain an up-to-date seniority list within each respective classification, based upon service dates only, a copy of which shall be furnished to the Association at least once each year but not later than November 1, provided, however, that the seniority list shall be conclusively deemed to be accurate unless the Association informs the Board otherwise within ten (10) days from receipt. The names of all employees in the bargaining unit at the time of the preparation of the seniority list shall be listed in order of their service dates, starting with the employee previously worked with the greatest amount of seniority at the top of the list. If two (2) or more employees have the same service date, the last four (4) digits of their social security numbers shall be used in determining their respective positions on the classification seniority list, with the employee having the lowest number being assigned first to the seniority list. "Service date" shall mean the date on which the employee first provided services to the Board after the last interruption of service if the employee has been employed more than once by the Board. A break in service by reason of layoff or assignment and displaces authorized leave of absence of less than one year shall not be deemed to be an interruption of service, provided, however, that in such instances an employee with less seniorityshall neither accrue nor lose seniority for purposes of application of other provisions of this agreement. Employees from other bargaining units not covered by this Agreement, and other employees of the Sheriff’s Office who previously worked A break 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 service for 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 (1) year or more shall be laid off. Employees displaced deemed an interruption of service and seniority 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 classificationlost.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines37.01 When, because of lack of work, lack of funds, reorganization, or a job consolidation or abolishment that is to last more than one (1) year, a layoff is necessaryof functions, the Employer determines it necessary to reduce the size of its work force, such reduction 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 made in accordance with the employee’s provisions set forth.
37.02 Employees within the affected job titles/classifications shall be laid off according to their departmental seniority with the least senior employee, as defined by Article 20, being laid off first, providing that all students, temporary, part-time, seasonal, probationary and provisional employees within the affected job titles/classifications, within the affected department are laid off first in the above respective order.
Section 19.3 Recall List Employees 37.03 Employee(s) who are laid off from one (1) job title/classification may displace (bump) another employee(s) with lesser seniority in an equal or lower rated job title/classification within the Department.
37.04 Employee(s) who are displaced (bumped) by a more senior employee, shall be placed on a recall list for a period able to displace (bump) another employee with lesser seniority in an equal or lower rated job title/classification pursuant to the provisions of eighteen Section 37.03 above.
37.05 At the end of the displacing (18bumping) months. If there process, the employee who is a recall, employees who are still on displaced (bumped) and is unable or chooses not to displace another employee pursuant to the recall list above provisions shall be recalled, laid off.
37.06 Recalls shall be in the inverse order of their layofflay-off and a laid off employee shall retain his right to recall for thirty-six (36) months from the date of his lay off. Notice of recall shall be sent to the employees employee's address listed on the Employer's records and shall be sent 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 requestedreceipt. An employee who refuses recall or does not report to work within ten (10) calendar days from the date the employee receives the recall notice, to the last mailing address provided by the employee. Employees shall be responsible considered to have resigned his position and forfeits all rights to employment with the Employer.
37.07 Employees scheduled for keeping the Office notified, in writing, lay-off shall be given a minimum of any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt advance notice 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 Reviewlay-off.
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.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When A. For the Employer determines, because purpose of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, this agreement a layoff is necessary, shall be defined as a necessary reduction in 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 layoffswork force beyond normal attrition.
Section 19.2 Classifications The Employer B. No employee shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will be laid off pursuant to a necessary reduction in accordance with their classification seniority the work force unless said employee shall have been notified of said layoff on or before June 20th of the current school year.
C. In the event of a necessary reduction in work force, the District shall first lay off probationary employees, then the least senior employees. In no case shall a new employee be employed by the District while there are laid off employees who are qualified for the classifications a vacant or newly created position.
D. Employees whose positions have been eliminated due to reduction in work force or who have been affected by layoff shall have 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 right to assume a position for which they are qualified, which is held by the least senior employee.
E. In the event of a reduction in the work hours in a category, as defined by Article 20an employee may claim seniority over another employee for the purpose of maintaining their normal work schedule (no loss of hours), provided they have greater category seniority than the employee they seek to replace. In no case shall a reduction of any employee's work hours take effect until the District gives ten (10) work days written notice to the affected employee(s).
F. A laid off firstemployee shall upon application, and at their option, be granted priority status on the substitute list according to their seniority if allowed by the carriers. Laid off employees may continue their health, dental benefits by paying the regular monthly per subscriber group rate premium for such benefits to the District.
Section 19.3 Recall List Employees who are laid G. Laid off employees shall be placed on recalled in reverse order of layoff to any position for which they are qualified. Any employee who has served more than thirty (30) working days in a recall list for a period of eighteen (18) months. If there is a recall, employees who are still on the recall list classification shall be recalled, deemed qualified for any position in the inverse order that classification.
H. Employees on layoff shall retain their seniority for purpose of their layoffrecall. Notice Notices of recall shall be sent to the employees by certified certificated or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, mail to the last mailing known address provided by as shown on the District records. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee. Employees shall be responsible for keeping 's responsibility to keep the Office notified, in writing, of any changes in his District notified as to their current mailing address. The A 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 given at 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.five
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
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 (1a) year, a layoff is necessary, the Employer shall notify the affected employees twenty-one (21) calendar days in advance of the effective date of In the layoff or job abolishment. It is understood and agreed that no provisions recall of Civil Service Law or rules employees, length of service shall apply be recognized subject to layoffs.
Section 19.2 Classifications The Employer shall determine ability and physical fitness among employees engaged in which classification(s) layoffs will occur. Within each classification affected, employees will be laid off the same category of work as enumerated in accordance with their classification seniority for the classifications affected by the layoff. The employee(sset forth in Section 4.1(a) 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 shall have recall rights for twelve (12) months from the employee previously worked in date of layoff.
(b) In the classification or assignment and displaces event a temporary seasonal layoff is to be implemented by the Company, the Company will post an employee with less seniority. Employees from other bargaining units not covered by this Agreement, and other employees announcement 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 senioritylayoff and its anticipated duration. The employee displaced Company agrees that employees may elect to take the layoff on a voluntary basis by seniority subject to ability. If all employees with the ability to do a particular job which will be worked during the one with the least seniority. Employees seeking layoff elect 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, then the Company will require the least senior employee with the ability to do the work. The voluntary layoff will be only for the posted duration of the layoff. If for any reason the layoff is to be extended beyond the posted period, the Company will notify those employees who have elected the voluntary layoff of the extension of the layoff and the anticipated duration of the extension. Senior employees on voluntary layoff with the ability to perform the jobs being worked during the extension of the layoff shall have the option to displace any junior employees performing the work or continue their voluntary layoff. This process shall continue until the end of the layoff. In accordance with 12.1 (a), no employee may extend his voluntary layoff beyond twelve (12) months since recall rights would be forfeited.
(c) It is the intent of the Company to attempt to return all employees suffering an injury on the job to their regular job as set forth herein. An employee disabled by a compensable injury under applicable Workers Compensation law will be reinstated by the Company when layoffs occur rather than displace his or her inability to work ceases provided recovery occurs within two (2) years of the onset of the disability. An employee who recovers within two (2) years of the onset of the disability will be reinstated to a lower classificationposition suitable for the Employee given the position the Employee held at the time of the injury and the Employee's ability to safely perform the duties of the available position. An employee shall suffer no loss of seniority when reinstated in accordance with this Section 13.1 (c).
Appears in 4 contracts
Samples: Employment Agreement (Rock of Ages Corp), Collective Bargaining Agreement (Rock of Ages Corp), Collective Bargaining Agreement (Rock of Ages Corp)
Layoff and Recall. Section 19.1 Reasonsa) The Employer shall notify regular employees not given a termination date when hired who are to be laid off a minimum of twenty (20) working days prior to the effective date of layoff. If the employee has not had the opportunity to work twenty (20) full days after notice of layoff, Notice When they shall be paid in lieu of work for that part of the twenty (20) days during which work was not made available.
b) On layoff, premium cost sharing and benefit coverage excluding Long Term Disability and Short Term Disability pursuant to Article 27 shall continue for three (3) months. Coverage may continue at the employee's option for an additional three (3) months, however, the employee will be required to pay the full cost of premiums for this additional period. Employees recalled during the eighteen (18) month recall period shall be re- enrolled on the first day of the month following recall. Employees rehired after the recall period shall be required to work the full benefit qualification period.
c) A regular employee about to be laid off having the required skill, knowledge and ability may exercise seniority rights to bump locally or bargaining-unit-wide to an equivalent or lower classification providing the employee bumped is the most junior in the classification and providing a part-time employee cannot increase their hours of work through the bumping process. Where an employee chooses to bump outside of the community in which the employee has most recently worked, all relocation expenses are the responsibility of the employee.
d) Upon receipt of layoff notice the employee will be entitled to meet with a Union and a College representative to clarify the options available to the employee. Such a meeting must be requested by the employee not later than two (2) working days following receipt of notice, and shall be convened no later than three (3) working days thereafter. The Employer determines, because must be notified by the Union or the employee of lack of work, lack of funds, reorganizationwhere bumping will occur within two (2) working days following that meeting, or within seven (7) working days following receipt of layoff notice should a job abolishment that meeting not be requested. In exceptional circumstances, an extension of these timelines may be granted by mutual agreement of the parties. A regular employee who is laid off on a seasonal basis each year shall not be entitled to last more than one (1bump or choose severance under such circumstances, but shall have those rights if laid off for any other reason.
e) yearRegular employees on layoff shall be recalled in order of service seniority, a layoff is necessaryprovided they have the skill, knowledge and ability to perform the available work. The employee has the right to refuse recall, if outside of the employee’s community, without losing recall rights.
f) A list of regular employees shall be kept and the Employer shall notify the affected said employees twenty-one (21) calendar days in advance of the effective date of the layoff or job abolishmentregular and temporary vacancies. 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 Where temporary vacancies 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 recalledadvised and considered to fill such vacancies prior to any other potential applicants providing the employee has the skill, in knowledge, and ability for the inverse order of their layoffposition. Notice of Refusal to accept a temporary vacancy shall not affect the employee’s recall shall be sent to rights.
g) i) An employee on the employees by certified or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mailRecall List, return receipt requested, to the last mailing address provided currently not employed by the employee. Employees College, shall be responsible for keeping maintain their address and phone number with 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 College 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 purpose of Reviewrecall.
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.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 ReasonsA. Layoff means a reduction in the working force due to a decrease of work or limitation or reduction in operating funds or any other condition beyond the control of the Board.
B. If it becomes necessary for a layoff, 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 all part-time employees followed immediately by full-time probationary employees within 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 Seniority employees laid off from their positions will also occur in accordance with have bumping rights within their classification on the employee’s basis of their department seniority and will be entitled to bump the employee with the least senior employeedepartment seniority currently in that classification. Lateral bumping must be requested, in writing, within ten (10) calendar days from the notice of layoff.
C. Any employee not possessing the necessary department seniority or desiring to bump laterally as defined outlined in (B.) above may opt to exercise their seniority by Article 20bumping the employee with the least department seniority, providing the position is equal in pay or in a lower classification than the employee currently holds and the employee meets the qualifications for the position. Classification ranking will be determined on the basis of wage rates on the Salary Schedule.
D. An employee not possessing the necessary seniority to bump within a department can exercise seniority gained in a former department and bump the employee with the least seniority in a previously held or lower classification.
E. Any employee who assumes a new job assignment due to the layoff procedure will also assume the salary rate for that position.
F. Employees to be laid off firstwill have at least fourteen (14) calendar days notice of their intended layoff. The Chairperson and Chief Xxxxxxx shall receive a list of employees being laid off.
Section 19.3 Recall List G. Employees who are laid off through the procedure as stated in this Article shall be placed maintained on a recall list for a period of eighteen two (182) months. If there years or length of seniority in the District, whichever is a recall, employees who are still on the recall list shorter and shall be recalled, recalled in the inverse reverse order of their layoff. .
H. The Employer may transfer within the departmental classifications on a District-wide basis where operating staff in one or more buildings is reduced due to layoff.
I. Notice of recall shall be sent to the employees employee at his/her last known address by registered or certified or registered mail. The Employer If an employee fails to report for work within fourteen (14) calendar days from date of mailing of recall notice, he/she 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 considered as having quit.
J. Each employee is responsible for keeping the Office notifiedEmployer advised, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt change of the recall notice to notify the Employer of his intention to return to work address and shall have fourteen (14) calendar days following the receipt of the recall notice in which will not be excused for failure to report for dutywork on recall if he/she fails to receive recall notice because of his/her own failure to advise the Employer, 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. Ifwriting, upon recall, an employee must receive additional training, the of his/her change of address.
K. The Employer shall provide and pay for the training required have no obligation 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 recall probationary employees who 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 .
L. It is clearly understood that any individual laid off shall automatically terminate and suspend the Employer’s obligation to salary or fringe benefits under this collective bargaining agreement or any other agreement.
M. Should an employee be offered a full-time position and refuse such appointment, he/she will lose his/her right to remain on the seniority recall list and 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 classificationconsidered as having quit.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 1. A layoff is defined as a separation from the Employer determines, service because of lack shortage of workfunds or materials, lack abolishment of funds, reorganizationposition, or for other involuntary reasons not reflecting discredit on an employee. An employee shall be given written notice of a pending layoff at least fifteen (15) days before the effective date, stating the reasons for the layoff.
Section 2. The Agency may lay off either part-time or full-time employees within a job abolishment that is classification according to last more than one the following procedure (1job-share employees shall be considered part-time employees):
A) year, The Agency shall determine the specific position to be vacated;
B) Separate lists will apply to full-time and part-time employees in a classification;
C) The employee and the Union shall be given written notice of the pending layoff is necessary, the Employer shall notify the affected employees twenty-one at least fifteen (2115) calendar days in advance of before the effective date date, stating the reason(s) for the layoff; and
D) The layoff will occur in the following order within the major affected nursing units:
1) Temporary employees;
2) Trial service employees; and
3) Regular employees in inverse order of the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffsseniority.
Section 19.2 Classifications The Employer shall determine 3. If it is found that two (2) or more employees in the Agency in which classification(s) layoffs will occurthe layoff is to be made have equal seniority, the order of layoff shall be in inverse order of the greatest seniority. Within each classification affectedIf this does not break the tie, then the greatest seniority in the Agency shall be used. If ties between employees will still exist, the order of layoff shall be determined by the Agency in such a manner as to conserve for the State the services of the most qualified employees.
Section 4. A regular employee who is about to be laid off may displace an employee in accordance with their the same class or demote and displace an employee in a lower RN classification within the Agency provided:
A) The employee has more seniority for than the classifications affected by the layoff. The employee(s) employee 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 classification; and
B) The employee meets the qualifications for the position. In order to displace someone per the provisions of their layoff. Notice this Section, the employee must notify the Agency HR Manager 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 his/her choice within five (75) calendar days following of 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 layoff 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.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 1. When the Employer determinesdetermines layoffs are necessary, because the following procedure shall determine the order of lack Layoff and Recall: The Employer shall reduce all probationary employees in the respective classifications where layoffs have been determined necessary, then by seniority within this Bargaining Unit.
Section 2. At a meeting with the Association, the Employer shall identify the positions and numbers of workemployees to be subject to reductions thirty (30) work days prior to such layoffs occurring. At this time, lack employees in the affected positions shall be notified of fundspossible layoff. Ranking officers of Captain or Lieutenant whose position is identified for reduction shall be allowed to bump down if seniority allows. Requests to bump down shall be filed with the Employer within ten (10) days of the initial date positions were identified. Upon final determination, reorganizationthe affected employee shall receive fifteen (15) work days notice of layoff, or prior to the effective date of layoff.
Section 3. Employees who have been laid off shall be subject to recall for a job abolishment that is to last more than period of one (1) year, a layoff is necessary, year from the Employer shall notify the affected employees twenty-one (21) calendar days in advance of the effective initial date of the layoff or job abolishmentx xxxxx. 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, recalled in the inverse reverse order of their layoff. Notice of Employees who are eligible for 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 given a 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 work days following the receipt of the recall notice in which prior to report for duty, unless a different date for returning such return to work is otherwise specified in the noticeorder. If the employee does not respond within seven (7) calendar days the employee Such notice shall be removed from sent by certified mail to the recall listemployee's last recorded address. If, upon recall, an employee must receive additional training, A copy shall be hand delivered to the local Association representative when it is mailed to the laid off employee. It is the laid off employee's responsibility to keep the Employer shall provide and pay for the training required to maintain informed of 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 listcurrent home address. An employee who refuses a recall or fails to appear for work at the end of the fourteen (14) day recall notice shall be deemed as having voluntarily terminated their employment with the City as set out in Article 11, Section 3(E), effective the date of recall and shall not be subject to any further recall except where an extension is displaced may take mutually agreed upon in writing requested within the initial fourteen (14) day period.
Section 4. The parties recognize the Employer's authority to determine the size and scope of the use of part-time Fire and Rescue employees. In the event the Employer determines part-time Fire and/or Rescue services will no longer be utilized, a voluntary layoffsixty (60) day notice shall be given to the Association and the employees. The foregoing layoff procedure shall be followed, when layoffs should such event occur rather than displace to and require a lower classificationreduction in force.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 17.01 A layoff for the Employer determines, purpose of this Agreement shall be defined as a termination of employment because of lack of workwork or because of the discontinuance of a function.
17.02 In the event of a layoff, the Union and Employer shall meet and discuss the appropriate manner of effecting this layoff, including what displacements, if any, will occur and what recall rights the affected employee(s) may have.
17.03 Where layoffs occur in the Bargaining Unit, employees shall have the rights and protections provided under the Civil Service Act and Regulations.
17.04 The parties recognize that pursuant to section 63(2) of the Public Service Labour Relations Act that when conflict occurs between the provisions of this article and the Civil Service Act, the Civil Service Act shall prevail.
17.05 In the event of a layoff and where qualifications, skills and ability are equal, layoff shall be in reverse order of seniority within the classification series within the head office branch, district or region of the Department or Agency where the lack of fundswork or discontinuance of a function has occurred.
17.06 Prior to laying off a full-time, reorganization, part-time or a job abolishment that is to last more than one (1) year, a layoff is necessaryseasonal employee, the Employer shall notify first release a casual person, casual employee or term employee provided the affected employees twenty-one (21) calendar days in advance employee identified for layoff has the qualifications, skills and ability to satisfactorily perform the work of the effective date individual to be released.
17.07 Subject to Section 63(2) of the layoff or job abolishment. It is understood and agreed that no provisions of Civil Public 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 affectedLabour Relations Act, employees will shall be recalled in the reverse order they were laid off in accordance with their classification seniority for off. Recall shall be subject to the classifications affected by employee having the layoffqualifications, skills and ability to perform the duties of the position. 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 given preference to job opportunities, prior to hiring of eighteen (18) months. If there is a recall, employees who are still on the recall list shall be recallednew persons, in other classifications if they are qualified, have the inverse order of their layoff. Notice of recall shall be sent skills and ability to perform the work available.
17.08 For 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 not covered 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 provisions of the recall notice to notify Civil Service Act:
(a) Where the Employer of his intention intends 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 layoff an employee 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 trainingBargaining Unit, the Employer shall provide and pay for the training required to maintain his certification. The employee with at least two (2) months notice in advance of such layoff.
(b) Such laid off employees shall be required recalled to complete fill any positions for which they are qualified before new employees are hired to fill any positions in the training Bargaining Unit. This provision is in effect for a timely fashion established by the Employer. If the employee fails period not to complete the training, the employee may be removed without recourse exceed twelve (12) months from time of layoff.
(c) In addition to the grievance procedure protections and rights under 17.07 (a) and (b) above, reverse seniority shall apply to layoffs. For the purposes of layoff and bumping rights, seniority shall be computed on the basis of length of service within the Bargaining Unit and in the case of equal seniority within the department, corporation or the State Personnel Board of Review.
Section 19.4 Bumping agency. Bumping rights will shall be extended limited to bumping within the employee under this Agreementemployee's Department Corporation or Agency and within the same classification series. Employees may bump or displace That is, 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 seniority shall be laid off. Employees displaced off before employees with greater seniority in that classification or a higher classification by department, corporation or agency provided the employee with greater seniority is willing to move to the lower classification and is qualified to do the job.
(d) Notwithstanding 17.07 (c) hereof, where layoffs occur in the Bargaining Unit, casual, temporary, and probationary employees who have not yet completed their initial probation period shall be placed on the recall list. An employee who is displaced may take a voluntary layofflaid off first, when layoffs occur rather than displace to a lower classificationin that order.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 13.1. The employer has sole discretion to determine the Employer determines, because necessity for and implementation of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessaryof the work force. In the event of a layoff, the Employer shall notify employees in the affected employees twenty-one job classification shall be removed in order of their bargaining unit seniority beginning with the least senior employee. Except in cases of emergency, notice of layoff will be given at least fourteen (2114) calendar days in advance of the effective date layoff. If an employee is designated for layoff, he/she may be eligible to exercise "bumping" rights. "Bumping" rights may be exercised to another position, provided all of the layoff or job abolishmentfollowing conditions are met:
A. The position is in the same occupational category. It is understood For purposes of this section, occupational categories have been established as follows: Clerical and agreed that no provisions of Civil Service Law or rules shall apply to layoffsRoad Crew (see Appendix A).
Section 19.2 Classifications B. The Employer shall determine in position has an equal or lower point evaluation than held by the "bumping" employee.
C. The "bumping" employee is fully qualified to perform the duties of such position.
D. The position is held by a less senior employee. If more than one position meets the above conditions, the laid off employee has "bumping" rights only to the position which classification(s) layoffs will occuroffer the highest rate of pay. Within each classification affectedIf more than one position is determined to offer the same rate of pay, employees the "bumping" employee will be laid off in accordance with their classification seniority for entitled to the classifications affected position held 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 13.2. An employee to be recalled from a layoff 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, so notified as far in the inverse order of their layoff. Notice of recall shall be sent to the employees advance as possible 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, mailed to his/her last address as shown on the last mailing address provided by the employeeEmployer's records. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his address. The Any employee so recalled employee shall have seven (7) calendar days following the receipt of the recall notice to notify the Employer of his intention to must 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 after receiving such notice, or at the time and date indicated in the notice, whichever is later. Any employee failing to do so shall automatically lose his/her seniority rights and 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 An employee shall be required considered as having received notice of recall as of the date such a notice is delivered to complete his/her last known address. It is the training in a timely fashion established by employee's responsibility to keep 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 Employer informed of Review.
Section 19.4 Bumping Bumping rights will be extended to the employee under this Agreementhis/her current address and phone number. Employees may bump or displace employees on layoff shall be recalled in other classifications so long as the employee previously worked in the classification or assignment and displaces an employee with less order of their seniority, provided operational efficiency is maintained. Employees will not be eligible for recall after they have been in layoff status for more than twenty-four (24) months from other bargaining units not covered by this Agreementthe date of layoff. Probationary, part-time and other seasonal 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 have 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 classificationrights.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsA. In the event of a layoff, Notice When the Employer determinesfollowing procedure shall be utilized: Reassignment within classification In the event a reduction in staff is implemented, because employees in affected positions within the unit shall be reassigned to the position held by the least seniored person within the unit working the same number of lack of work, lack of funds, reorganization, or a job abolishment that hours provided he/she is to last qualified and provided the employee has more than seniority and has been in the unit for at least one (1) year, a layoff is necessary. In the event no such position exists, the Employer shall notify affected employee will be reassigned to the position held by the least seniored person within the unit whose regular schedule of hours is less but most closely coincides with the affected employees twenty-one (21) calendar days in advance employee's former schedule 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 layoffshours.
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will B. Employees scheduled to 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 receive fourteen (14) calendar days following written notice of layoff. Such notice will not apply when the receipt layoff is necessitated by millage failures or work stoppage.
C. Laid off employees will be recalled in inverse order of layoff first to vacancies within the recall notice in unit from which they were laid off. Recall rights are restricted to report non-probationary employees and only for duty, unless a different period of twenty-four (24) months from the effective date for returning to work is otherwise specified in the noticeof layoff. If the employee does not respond within seven Employees will receive a minimum of ten (710) calendar days notice of recall provided that this provision shall not be interpreted to prevent recall with less than ten (10) days written notice upon mutual agreement of the employee parties. Such notice will be sent first class U.S. mail to the employee's last known address. It is the employee's responsibility to ensure that the employee's current address is maintained on file. Failure to return within the ten (10) day period shall be removed from the recall listconsidered a voluntary resignation. 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 Exceptions may be removed without recourse to made by mutual written agreement between the grievance procedure or the State Personnel Board of ReviewUnion and District.
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.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Layoff and Recall. Section 19.1 Reasons(a) A layoff of employees shall be made on the basis of seniority initially within the classification and office, Notice When the Employer determinesstatus (full time or part time), because team and current hours 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 abolishmentassignment. It is understood and agreed that no provisions prior to the laying off of Civil Service Law any employees, probationary employees in the classification and office where the layoff is going to occur will be released first. Employees who are subject to layoff may bump the least senior employee of the same status, current hours of assignment and classification within the same office provided such employee has the necessary qualifications and ability to do the work required without training, other than a three (3) day orientation, except as modified in (f) below. Employees who are unable to bump the least senior person within their classification and office may bump the least senior person of either status, in the same or rules shall apply different classification, in the same or different office in the bargaining unit provided such employee has the necessary qualifications and ability to layoffsdo the work required without training, other than a three (3) day orientation, except as modified in (d) below. Employees will inform the Employer of their decision to bump or accept the layoff within three (3) working days of:
i) the Employer providing to the Union the information contemplated by Article 11.01 (e) or 11.02 (b), or
ii) the receipt by the employee of her/his notice of layoff, whichever is later.
Section 19.2 Classifications The (b) Laid off employees are eligible, in order of seniority, for “temporary” recalls of more than three (3) months and not longer than eight (8) months and shall advise the Employer as to whether they are interested in such recalls. Employees recalled for eight (8) months or less shall not be entitled to notice of lay off nor bumping rights. Furthermore, the time used to determine the employee’s entitlement for continuing in the benefits program, for recall, and for other purposes under the layoff or seniority clauses shall be frozen during the period of temporary recall, and shall begin to accumulate again when the temporary recall ends. Employees temporarily recalled will be paid the percentage in lieu of benefits unless they maintained benefits in which classification(scase the employer shall pay the full employer contribution to benefits. Otherwise employees temporarily recalled have all the rights of other recalled employees.
(c) layoffs will occurFull time and Regular Part-Time laid off employees may elect to have access to shifts that would otherwise be offered on a casual basis. Within each classification affected, Such employees will be laid off in accordance with inform the Employer of their classification seniority for the classifications affected by the election within three (3) working days of notice of layoff. The employee(s) with process of offering the least classification seniority as defined in Article 20 will shifts would be laid off first. Bumping or displacement will also occur in accordance with the current practice for offering casual shifts. The refusal of casual shifts would not affect their status as a laid off employee. The time used to determine the employee’s entitlement for continuing in the benefits program, for recall, and for other purposes under the layoff or seniority with clauses would be unaffected during the least senior employee, as defined by Article 20, laid off firstperiods of time worked.
Section 19.3 (d) Recall List Employees who are laid off to a regular part-time or regular full-time position 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 layoffseniority. Notice An employee will respond to a registered 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 or receipt of same and shall be removed from the recall list. If, upon recall, available for work within an employee must receive additional trainingfourteen (14) days unless otherwise agreed.
(e) For layoffs other than long term layoffs, the Employer shall provide and pay for Union will meet and discuss the training required to maintain his certificationlayoffs at the earliest opportunity. The employee shall be required to complete This discussion will include the training in a timely fashion established by service which the Employer. If Employer will undertake after the employee fails to complete the training, the employee may be removed without recourse to the grievance procedure or the State Personnel Board of Reviewlayoff.
Section 19.4 Bumping Bumping (f) In exercising bumping and recall rights will be extended in long term layoff situations each employee is entitled to an orientation of up to ten (10) working days in order to assist her/him to meet 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 staffing requirements of the Sheriff’s Office who previously worked in a classification covered by this Agreementemployer.
(g) For greater certainty, 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 laid off employees are entitled 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 classificationapply for posted vacancies.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 ReasonsA. Layoff shall be defined as a reduction in the work force. The Union may request to meet to discuss proposed reductions and the various means to that end.
1. In the event of a reduction in the work force the employer shall lay off employees in the following order:
A. Probationary
B. Least seniored Such layoffs would be contingent upon there being qualified employees remaining to do the necessary work
2. In the event of a reduction of hours in a classification, Notice When an employee may claim seniority over a less senior employee in that classification for the Employer determinespurpose of maintaining his/her customary work schedule. A thirty (30) day period of time will be allowed for the individual to acquire the necessary skills or qualifications. If the individual chooses not to acquire the necessary skills, because that individual may either bump a less seniored employee whose position he/she is qualified for or accept layoff.
3. There will be a thirty (30) day notification before the layoff becomes effective.
C. Employees shall be entitled to recall for a period of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one two (12) year, a layoff is necessary, the Employer shall notify the affected employees twenty-one (21) calendar days in advance of years from the effective date of the layoff or job abolishmentlayoff. 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 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, recalled in the inverse order of their layofflayoff to vacancies for which they are qualified. Notice Notices of recall shall be sent by certified mail to the employees by certified or registered mailemployee's last known address on file with the District. The Employer notice of recall shall be deemed state the time and date on which the employee is to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, report to the last mailing address provided by the employeework. 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 who fail to respond to the receipt of the a recall notice to notify the Employer of his intention to return to work and shall have fourteen within five (145) calendar business 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 considered terminated 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 Agreementemployment. 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 declining recall shall forfeit any further entitlement 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 classificationemployment.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
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 32.01 Prior to last more than one (1) year, a layoff is necessarylayoffs affecting Full-Time and Part-Time Employees, the Employer shall notify will have consultation with the affected employees twenty-one (21) calendar days in advance of Union about 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 32.02 The Employer shall determine provide twenty (20) work days written notice of layoff to Full-Time and Part-Time Employees, or provide Employees with twenty (20) days of regular pay. The Employer may give a combination of notice or pay in which classification(s) layoffs will occur. Within each classification affected, employees lieu of notice of layoff.
32.03 Full-Time and Part-Time Employees will be laid laid-off in accordance reverse order of seniority providing those remaining have the required qualifications, abilities and skills to fill available positions.
32.04 Employees given notice of layoff must advise the Employer in writing within three (3) working days of being given a notice of layoff that they are displacing another Employee with their classification less seniority in an equal or lower position, provided the Employee displacing has the qualifications, abilities and skills for the classifications affected by position being bumped into. Employees who displace another Employee shall be put on the layoff. salary grid of the position bumped into at the step closest to that of the rate of the position from which they were laid-off.
32.05 The employee(s) with the least classification seniority as defined in Article 20 most senior Full-Time and Part-Time Employees will be laid off first. Bumping or displacement will also occur in accordance with recalled first for available positions provided they have the employee’s seniority with required qualifications, abilities and skills for the least senior employee, as defined by Article 20, laid off firstposition.
Section 19.3 Recall List 32.06 Full-Time and Part-Time Employees who are laid laid-off shall will be placed on a recall list for a period of eighteen twelve (1812) months. If there is a recall, employees who are still .
32.07 No new Employee shall be hired until Employees on the recall list shall be recalledhave been given an opportunity for re-employment, provided such recall list Employees have the required qualifications, abilities and skills to fill available positions.
32.08 When advised in writing of layoff, at the time of layoff, a Full-Time or Part-Time Employee may forfeit rights to recall and receive severance pay in the inverse order amount of their layoff. Notice two (2) weeks of recall shall be sent regular salary for each year of completed service to the employees by certified or registered maila maximum of forty-three (43) weeks. The Employer shall be deemed foregoing does not apply 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. Full-Time or Part-Time 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 who are 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 Reviewprobationary period.
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.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons22.1. It is the policy of Employer to stabilize employment so that Employees may be provided with regular and continuous work. In the event that a reduction in the work force within the bargaining unit becomes necessary, Notice When Employees within the bargaining unit will be selected for layoff by reverse order of seniority within the department and grade. Recalls shall be in order of seniority within the department and grade. Employees within the bargaining unit shall be selected for layoff in the following order within the department and grade:
(a) Employees who have not completed the probationary period, as specified in Art, 20;
(b) Temporary and part-time Employees;
(c) Regular, full-time Employees with the least seniority.
22.2. Any Employee who would otherwise be laid off may bump (i.e., replace) the least senior Employee in the same department and grade. If such Employee who would otherwise be laid off has the least seniority in such Employee's department and grade, such Employee may bump the least senior Employee in the next lower grade in the same department if such Employee remains physically and mentally qualified, in the judgment of Employer, and provided an extensive period of retraining is not required or the Employee has previously performed the job in question. Any Employee who bumps an Employee with less seniority shall be paid at the appropriate rate within the salary range of the lower grade.
22.3. Whenever possible, Employer determines, because will provide thirty (30) days advance notice 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, to those Employees affected by the Employer layoff; but in any event such notice shall notify the affected employees twenty-one be no later than seven (217) calendar days in advance of the effective layoff Any such notice shall be provided simultaneously to the President of Union.
22.4. In the event two (2) or more Employees in the same department with the same grade attain seniority on the same day and date, individual seniority shall be determined on the basis of the initial of the last name as of the date of hire (A to Z being the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply highest to layoffslowest seniority).
Section 19.2 Classifications The (a) An Employee shall have three (3) working days from receipt of notice of layoff to inform Employer in writing of the election of the Employee to exercise the right to bump another Employee and failure to give such written notice shall be deemed to be an election not to bump. Such Employee who elects not to bump shall not lose the right to recall to the Employee’s regular job but shall lose bumping rights for the duration of the layoff.
(b) Employer shall have three (3) working days after receipt of the written election of any Employee to bump another Employee to 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 whether such Employee has a right to bump in accordance with the employee’s seniority provisions of this Article 22.
(c) If the Employee is not in agreement with the least senior employeedecision of Employer regarding the right to bump, as defined by such Employee may file a grievance in accordance with the Grievance Procedure set forth in Article 20, laid off first13.
Section 19.3 Recall List Employees who are laid off 22.6. No person shall be placed hired into, or promoted to, a job title while an Employee in the same department and grade is on the recall list.
22.7. Employees will be carried on a recall list for a period of eighteen two (182) monthsyears following layoff. If there is a recall, employees who are still on the recall list shall Employees will be recalled, recalled in the inverse reverse order of their layoff. Notice of recall shall be sent to first by telephone and confirmed the employees same day 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 most current home address provided furnished by the employeeEmployee to the Personnel Department. It shall be the sole responsibility of the Employee to give Employer a telephone number and address where such notice is to be given. Employees shall will be responsible for keeping given forty-eight (48) hours from the Office notified, in writing, time of any changes in his address. The recalled employee shall have seven (7) calendar days following the notification by telephone or receipt of the recall notice certified mail to notify the advise Employer of his intention to return to work and shall have fourteen (14) calendar days following the receipt of the recall notice in which their intent to report for duty, unless a different date for returning to work is otherwise specified in the noticeand must report within five (5) working days of such recall notification. If the employee does not respond Employee fails to respond, he forfeits his recall rights.
22.8. Seniority and length of service credit for retirement benefits will continue to accumulate during any layoff of thirty (30) days or less. Employees laid off for more than thirty (30) days and subsequently recalled within seven two (72) calendar days years from the employee date of layoff shall be removed from credited with the recall listyears of service and seniority accumulated at the time of layoff No vacation days or days of paid absence will be earned during layoff. If, upon When an Employee returns to work following recall, an employee must receive additional traininghowever, the Employer shall provide and pay for Employee may use any vacation days or days of paid absence accumulated at the training required to maintain his certification. The employee shall be required to complete the training in a timely fashion established by the Employertime of layoff. If the employee fails to complete the trainingEmployee so requests, the employee may be removed without recourse vacation pay equal to the grievance procedure or number of days accumulated, minus the State Personnel Board number of Reviewdays taken, will be paid at the time of layoff.
Section 19.4 Bumping Bumping rights will be extended to 22.9. On 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 first day of the Sheriff’s Office who previously worked in a classification covered by this Agreementfirst month after which an Employee has been laid off for more than thirty (30) days, may displace into positions covered by this Agreement so long as Employer shall stop making payment for medical and life insurance on behalf of such Employee. It is the employee displaced intention of the parties that the benefits provided for the Employees pursuant to Articles 32 (Hospitalization and Insurance) and 33 (Life Insurance) shall cease on the first day of the first month following thirty (30) days after the Employee 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 been 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.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsA. When there is a reduction in the working force, 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 bargaining unit members 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 seniority; that is, the classifications affected by the layoff. The employee(s) employee with the least classification seniority as defined in Article 20 will shall be laid off first. Bumping or displacement will also occur In the selection of employees for layoff, the school district shall retain those bargaining unit members with the greatest seniority provided the bargaining unit member is qualified to perform the work.
B. Whenever a bargaining unit member is to be laid off, the school district shall notify the bargaining unit member and the Association president by mailing notice within ten (10) working days of the Board meeting in which the Board took layoff action, except in case of emergency.
C. Laid off bargaining unit members shall be recalled in accordance with seniority; that is, the employee’s seniority bargaining unit member with the least senior employee, as defined by Article 20, greatest seniority shall be recalled first provided they have the ability and are able to perform the duties of the job that is open and the job is equivalent. The right to recall is limited to four (4) years from the effective date of the original layoff.
D. When recalling 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) monthsbargaining unit members, the school district will notify them by certified mail at the last known address. 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 such bargaining unit member does not 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 school district within seven (7) calendar working days from the employee mailing date of such notice that he/she will report for work on the date specified or give a legitimate reason for delay beyond such time, as determined by the superintendent, he/she will be considered as having quit and all seniority shall be removed from terminated.
E. In the recall list. Ifevent of a reduction in the work hours in a classification, upon recall, an employee must receive additional training, bargaining unit members with the Employer shall provide and pay for the training required greater seniority may use same to maintain his certificationhis/her normal work schedule by displacing bargaining unit members with less seniority on the work schedule. In no case shall a reduction of any bargaining unit member's work hours take effect until ten (10) work days after written notice to the affected bargaining unit member(s) is given by the employer.
F. Laid off bargaining unit members will be given first right to substitute if they desire the work. The employee shall desire to substitute must 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 writing and presented to the grievance procedure or the State Personnel Board Superintendent’s office within ten (10) days of Reviewreceiving a notice of layoff.
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.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
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 26.1 Layoffs and Recall 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 be within Department by Job Title and agreed that no provisions of Civil Service Law or rules shall apply to layoffsemployee Status.
Section 19.2 Classifications 26.2 The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will sequence of employees' Status within a Job Title to 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 as follows:
1. Any employee who volunteers;
2. Temporary employees;
3. Per Diem employees;
4. Short hour and Casual Part Time employees;
5. Regular Part Time and Full Time employees on a recall list an equal basis
26.3 Within each Status, Layoffs will be applied within each Job Title in the following manner:
1. Most recent Date of Hire into Department;
2. Most recent Date of Hire into current Job Title;
3. Most recent Date of Hire to the District.
26.4 Date of Hire is adjusted for a period unpaid leaves in excess of eighteen thirty (1830) months. If there is a recall, employees who are still days.
26.5 Employees remaining on the recall list job shall be recalled, able to perform the work without the need of retraining and must be able to work the remaining shifts.
26.6 Recall from Layoff shall be in the inverse order of their layoffLayoff. Notice of recall Any employee who has volunteered for Layoff shall be sent entitled to Recall based upon Status.
26.7 In the employees by certified or registered mail. The Employer event that an employee is on Layoff status for over twelve (12) months, they shall be deemed terminated.
26.8 A Full Time or Regular Part Time employee on Layoff status may elect to have fulfilled its obligation by mailing leave accrued Long Term Sick hours in their benefit bank for the recall notice by registered mail, return receipt requested, to period of time they remain on the last mailing address provided by the employeeRecall list. Employees may request payment of eligible LTS hours at any time while on Layoff/Recall status.
26.9 All employees on Layoff 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 Human Resources Department of his intention their status on a weekly basis. In the event that an employee is unable 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 from receipt of notice of Recall, they shall be terminated, but in no event (barring emergencies) shall an employee be given more that fifteen (15) calendar days to return to work from the employee date the notice to return was mailed by the District. Said notice shall be mailed by way of certified mail.
26.10 The District will notify the Union at least thirty (30) days prior or as soon as a plan for any Layoffs or Department reorganizations has been approved that will result in a change to an employee’s work status.
26.11 The parties will meet to discuss the reason for the Layoffs, the planned schedule, and any alternatives such as Voluntary Exit Incentive offerings.
26.12 When Layoffs are anticipated, no posted positions and/or anticipated openings in the affected Job Titles will be hired into until those employees have an opportunity to transfer to such position for which they are qualified (requiring only the customary training and orientation provided to newly hired employees.)
26.13 Human Resources will review open jobs and expected openings and notify managers/directors not to fill these positions until the Union and Human Resources can meet and confer about possible relocation to said positions. Posted position will be removed from the recall listjob posting board until all staff movements have been resolved.
26.14 Any employee who transfers to a new position or is Recalled to a vacant position will be given ninety (90) days to demonstrate his or her ability to perform the work. IfEvaluation of performance during the ninety (90) days will be based on skills, upon recall, an employee must receive additional training, the Employer shall provide ability 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 Employerbehaviors. If the employee fails transfers to complete an open position and does not satisfactorily perform the trainingduties, 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 Layoff and will be eligible for any compensation they would otherwise have received.
26.15 If in those ninety (90) days the recall employee does not perform satisfactorily they will be returned to the Recall list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classification.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Layoff and Recall. Section 19.1 Reasons, Notice When A. Layoff shall be defined as a reduction in the Employer determines, because of lack of work, lack of funds, reorganization, or a job abolishment that is work force.
B. In the event it becomes necessary to last more than one (1) year, a layoff is necessaryreduce staff, the Employer shall notify meet with the affected employees designated Association Representative(s) at least twenty-one (21) calendar days in advance of prior to the effective date of layoff. At such meeting the layoff or Employer shall submit a list of the names of bargaining unit members scheduled for layoff, their job abolishment. It is understood title and agreed that no provisions work location together with a copy of Civil Service Law or rules shall apply to layoffsan updated seniority list.
Section 19.2 Classifications C. Bargaining unit members who will be laid off or whose positions will be reduced by more than two (2) hours shall receive written notice at least fourteen (14) calendar days prior to the effective date of layoff. The Employer Association President shall determine in which receive a copy of all such notices. Bargaining unit members whose positions have been reduced by two (2) hours or less shall continue to receive the same level of insurance benefits that he/she had prior to such reduction.
D. In the event of a layoff, the following procedure shall apply:
1. All temporary employees shall be laid off unless there is no qualified bargaining unit member to perform the work.
2. Should further reduction be necessary, probationary bargaining unit members within the affected classification(s) layoffs will occurshall be laid off unless there is no qualified, non-probationary unit member to perform the work.
3. Within each classification affectedShould further reduction be necessary, employees will bargaining unit members shall 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 status with the least senior employeebargaining unit members within the affected classification to be laid off first unless there is no other qualified unit member to perform the work.
4. A laid off bargaining unit member shall have the right to displace the least senior bargaining unit member within his/her classification provided that the number of annual hours of said position does not exceed the number of annual hours that the bargaining unit member was assigned prior to layoff. If a bargaining unit member believes he/she has a right to displace another individual, they must submit a letter to the Director within seven (7) calendar days of receipt of the layoff notice.
E. For purposes of this Agreement, classification shall be as defined by Article 20in Appendix A.
F. For purposes of this Agreement, qualifications shall be defined as possessing the skills required for a job as delineated in the respective job description and/or posting, positive evaluation and disciplinary record.
G. At his/her option, a laid off firstbargaining unit member shall be granted priority status on the substitute list in accordance with his seniority.
Section 19.3 Recall List Employees who H. In no case shall a new employee be hired while there are laid off bargaining unit members who are qualified for a vacant or newly created position.
I. Laid off bargaining unit members 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, recalled in the inverse order of their layoffseniority, with the most senior being recalled first, to any position for which s/he is qualified.
1. 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, mail to the last mailing known address provided by as shown on the employeeEmployer's records. Employees The recall notice shall state the time and date on which the bargaining unit member is to report back to work.
2. A recalled bargaining unit member shall be responsible for keeping given ten (10) working days from the Office notified, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt of postmark on the recall notice to notify report to work.
3. The Employer may fill the Employer of his intention to return to work and shall have fourteen (14) calendar days following position on a temporary basis until the receipt of the recall notice in which to recalled bargaining unit member can report for dutywork, unless provided the unit member reports within the above ten (10) day period.
4. Bargaining unit members recalled to positions for which they are qualified and which are substantially equal to those which they were assigned prior to layoff are obligated to accept such work. Accordingly, a different date for returning bargaining unit member who declines recall to work is otherwise specified in such a position shall forfeit his/her seniority and right to recall.
5. Should the notice. If the employee does not bargaining unit member fail to respond within seven ten (710) calendar working days from the employee postmark of written recall, he/she shall be removed considered as having resigned.
J. All rights to recall and future employment shall end if a laid off employee is not recalled within two (2) years from the date the layoff was effective. Performing services as a substitute or non-bargaining unit employee after layoff shall not constitute a recall list. If, upon recallwithin the meaning of this provision.
K. Upon the effective date of layoff, an employee must eligible bargaining unit member can elect to receive additional trainingthe benefits included in Article 21, paragraph B. It is understood, that should the Employer shall provide and pay for the training required to maintain his certification. The employee shall bargaining unit member 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 recalled to a lower classificationposition, his/her “accumulated sick leave” will begin at zero (0).
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Layoff and Recall. Section 19.1 ReasonsA. In the event it becomes necessary to reduce the number of employees in a job classification, Notice When the Employer determinesfollowing procedures shall govern such layoff and/or subsequent reinstatement.
B. The number of people affected by reduction in force shall be kept to a minimum by not employing replacements, because insofar as practical, of lack of workemployees who resign, lack of funds, reorganizationretire, or otherwise vacate a job abolishment that is to last more than one (1) year, position. Any reduction in regularly assigned time shall be considered a layoff is necessaryunder the provisions in this Article.
C. When it becomes necessary to lay off employees for reasons as stated above, 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) starting with the least senior limited contract employee(s) in the affected classification. The least senior limited contract employee in that classification seniority as defined in Article 20 will be laid off first. Bumping or displacement will also occur If there are no limited contract employees in accordance with the employee’s seniority classification, layoff shall start with the least senior employeeemployee on a continuing contract in the classification. Seniority shall be defined as the uninterrupted length of continuous service with the Board of Education in a particular job classification computed from the latest date of hire or appointment in his/her present classification. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, as defined by Article 20, the Administration and the Association shall meet to determine a fair and equitable means of deciding which employees shall be laid off first.
Section 19.3 Recall List Employees who are D. An employee laid off in one classification shall be able to bump into another job classification in which he/she has worked and is qualified, provided the employee exercising bumping rights has greater seniority in the classification than another employee working in the classification.
E. The following classifications shall be used for the purpose of defining classification seniority in the event of layoff:
1. Paraprofessional
2. Bus Driver
3. Cafeteria Employees
4. Custodian
5. Maintenance
6. Mechanic
7. Secretarial and Clerical
F. Prior to the effective date of layoffs, the Board of Education shall meet with the ISSA President and Vice-President with a list containing names, seniority dates, and classifications and indicate which employees are to be laid off. Each employee to be laid off shall also be given advance notice of layoff. Each notice of layoff shall state the following:
1. Reason(s) for the layoff or reduction;
2. The effective date of layoff; and
3. A statement advising the employee of his/her rights of reinstatement from the layoff.
G. For the classifications in which the layoffs occur, the Board shall prepare a reinstatement list and the names of all employees shall be placed on a recall the reinstatement list in the reverse order of layoff (the last employee RIF’ed will be the first one called back.). Reinstatement shall be made from this list before any new employees are hired in that classification.
H. Vacancies, which occur in the classification of layoff shall be offered to and declined in writing by the employees standing highest on the layoff list before the next person on the list may be considered. Any employee who declines reinstatement shall be removed from the reinstatement name list.
I. The employee’s name shall remain on the appropriate list for a period of eighteen two (182) monthsyears from the effective date of layoff. If there is reinstated from layoff during this period, such employee shall retain all previous accumulated seniority and a recall, employees who are still on the recall list notice of reinstatement shall be recalledmade by certified mail at the address on file with the District.
J. If at any time, the District privatizes any of the classifications in the inverse order of their layoff. Notice of recall shall be sent bargaining unit, the District will ask the private company to consider interviewing and hiring the employees by certified or registered mailin the classification at that time. 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 If an employee is hired by the employee. Employees shall be responsible private company, the Board’s contribution to SERS 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 continue if required by law and SERS rules. While the recall list. If, upon recall, an employee must receive additional training, the Employer shall provide and pay board agrees that there is no intention to reduce staff or layoff personnel for the training required to maintain his certificationsole purpose of subcontracting bargaining unit classifications should a reduction in force or layoff be required, it would be under the terms of the reduction in force agreement. The employee Short term contracting may occur during a classification layoff in the event of an emergency. Employees who have been laid off 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 eligible for employment under this Agreementsection. 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 Such employment shall 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 affect any recall list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationrights.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines, because Length 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, continuous employment with the Employer shall notify govern in cases of layoffs and recall, provided the affected employees twenty-one employee has the ability to perform the work required. Employees shall be laid off and recalled by classification as required. The foregoing shall not apply to: Assistant Managers (21not more than two) calendar days in advance of the effective date of the layoff or job abolishmentand Department Managers as follows: Meat Manager, Produce Manager, Deli Manager, Bakery Manager, and KFC/BR/PH Manager. 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 Employees laid off in accordance with their classification seniority for the classifications affected above provisions by the layoffEmployer shall be recalled to work in order of length of service, provided:
1. No more that six (6) months has elapsed since the last day worked by the employee.
2. For employees with one (1) year or more of service, no more than twelve (12) months has elapsed since the last day worked by the employee.
3. The employee(semployee reports for work within twenty-four (24) with hours from the least classification seniority as defined in Article 20 time of recall. If an employee, when contacted, for proper and sufficient reason is not immediately available to commence work, the next employee on the list will be laid off firsthired temporarily. Bumping or displacement If the contacted employee cannot report for work until after three (3) working days, they will also occur in accordance with the employee’s exchange their seniority with the least senior employeenext employee on the list who is immediately available for employment, as defined by Article 20until they are recalled, laid off first.
Section 19.3 Recall List Employees who are laid off at which time they shall resume their original seniority status. If they do not report for work within one (1) calendar week from date of recall without proper reason, they shall be placed on a recall list for a period deemed as having self-terminated (quit) and dropped from the seniority list. The employee shall keep the Employer informed of eighteen (18) monthstheir current address and phone number. If there the Employer is a recallunable to contact the employee within five (5) working days, employees who are still on or if the recall list shall be recalledemployee when contacted refuses the employment without proper and sufficient reason by the end of the five (5) day period, in the inverse order of their layoff. Notice of recall shall be sent to the employees by certified or registered mail. The Employer shall employee will be deemed to have fulfilled its obligation by mailing self- terminated (quit) and dropped from the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employeeseniority list.
4. Employees rehired in accordance with Points 1 and 2 above shall be responsible retain their previous length of service for keeping the Office notifiedpurposes of this Section and Section 7, 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 ReviewWages.
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.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 1. In the Employer determines, because event of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessarylayoff, 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 seniority secretary 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 Probationary secretaries are not placed on the recall list.
2. Seniority secretaries on the recall list shall be placed on the guest secretarial list and be paid the rate established by the Board if they substitute.
3. The Board has no obligation to recall probationary secretaries who are laid off.
4. Secretaries placed on the seniority recall list shall receive the following benefits:
a. Prorated earned vacation days to their day of layoff;
b. The prorated number of sick days up to the date of layoff will be added to their accumulated sick leave bank for use upon recall;
c. Those secretaries on the disability insurance program shall continue according to the terms of the insurance company;
d. The Board provides health insurance coverage as stated in Article V for thirty (30) days after layoff.
5. Secretaries who are laid off shall not gain seniority while on layoff.
6. Should a laid-off secretary be offered a position and refuse the position, the secretary shall lose all rights to be recalled, and shall be considered a resignation. If the secretary fails to report to work within ten (10) work days from the date of mailing of the notice, the secretary shall be considered to have voluntarily terminated employment with the Waterford School District.
7. Seniority secretaries on the recall list with the highest seniority in their classification shall be allowed to apply and interview for position(s) in their classification or lower classifications, if the secretary can meet the job requirements of the available position.
8. The postings of vacancies shall be sent to the laid-off secretary's last known address by registered or certified mail. If the secretary fails to contact Human Resources Department within the posting’s requirements, the secretary shall be considered to have voluntarily terminated employment with the Waterford School District.
9. Each secretary is displaced may take responsible for keeping the Human Resources Department informed, in writing, of any change of address, phone number, or email address and will not be excused for failure to report for work because of a voluntary layoff, when layoffs occur rather than displace failure to a lower classificationso notify.
10. Laid-off employees shall remain on the recall list for one (1) calendar year.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsIf the Administration determines that it may be necessary to abrogate for financial reasons the contract of any graduate student employee prior to its expiration date, Notice When the Employer determinesAdministration shall so notify GEO and shall provide a reasonable period of time, because of lack of workand, lack of funds, reorganization, or a job abolishment that is to last more than one (1) yearwhenever possible, a layoff is necessaryminimum of thirty days, to receive advice from GEO. If, after considering the advice of GEO, the Employer Administration determines that it remains necessary to abrogate for financial reasons the contract of any graduate student employee prior to its expiration date, the Administration shall so notify GEO and shall provide to GEO a list of affected individuals. Affected individuals shall receive, whenever possible, a minimum of one semester notice. Affected individuals shall receive all tuition and fee waivers for which they would have been eligible had their contract not been terminated prior to its expiration date and shall receive 50% of the affected employees twenty-one (21) calendar days remainder of their stipend for the semester in advance of which the contract abrogation takes effect. If, at any time within three years from the effective date of a layoff for financial reasons, 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 department from which classification(s) layoffs will occur. Within each classification affected, employees will be a graduate student employee was laid off in accordance with their classification seniority decides to make a graduate student employee appointment for which 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 recalledindividual is, in the inverse order opinion of their layoffthe department head, qualified, the laid off individual will have recall rights to that position. Notice of recall Within a department in which layoffs occur, the appointment and reappointment criteria developed under Article 23 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 noticeapplied as appropriate. If the Administration determines that it may be necessary to abrogate, due to organizational or programmatic changes, the contract of any graduate student employee does not respond within seven (7) calendar prior to its expiration date, the Administration shall so notify GEO and shall provide a minimum of thirty days the employee shall be removed to receive advice from the recall listGEO. If, upon recall, an employee must receive additional trainingafter considering the advice of GEO, the Employer Administration determines that it remains necessary to abrogate, due to organizational or programmatic changes, the contract of any graduate student employee prior to its expiration date, the Administration shall so notify GEO and shall provide to GEO a list of affected individuals. Affected individuals shall receive a minimum notice period of one semester. Affected individuals shall receive all tuition and pay fee waivers for which they would have been eligible had their contract not been terminated prior to its expiration date and shall receive 50% of the remainder of their stipend for the training required to maintain his certificationsemester in which the contract abrogation takes effect. The employee In non-academic departments, layoffs 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 occur in the classification or assignment and displaces an employee with less order of reverse 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.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons19.01 The Employer and the union agree that in the event of a layoff, Notice When each employee shall be laid off in reverse order of his group seniority within a classification, provided the remaining employees are capable and qualified to perform the work available.
19.02 The Employer determines, because agrees to give the employees notice of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a any scheduled layoff is necessary, the Employer shall notify the affected employees at least twenty-one (21) calendar days in advance before the institution of such layoff. Notwithstanding the effective date above, the Employer may make non-scheduled layoffs without such notice caused by the failure to receive supplies, breakdown of the layoff equipment, fire, flood, inclement weather or job abolishmentother unanticipated event causing disruption of work. 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 promptly notify the union xxxxxxx of its intentions in which classification(s) layoffs will occur. Within each classification affected, employees will be the event of a non- scheduled layoff and keep the union xxxxxxx advised.
19.03 Any regular employee who is laid off in accordance with their classification seniority shall remain on recall status for the classifications affected by the layoff. The employee(sa period of nine (9) 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 months after which period such employee’s seniority with right to recall under the least senior employee, as defined by Article 20, laid off firstprovisions of this agreement shall terminate. Employee(s) on layoff will have benefits maintained up to a maximum of one (1) month from date of actual layoff.
Section 19.3 Recall List Employees 19.04 Notice of recall to an employee who are has been laid off shall be placed on made by hand delivery, courier or registered mail to the last known address of the employee or at such address as the employee may in writing advise the Employer. The employee must respond to such notice within five (5) working days of mailing or lose rights of seniority and recall, unless prevented from responding to a recall list notice because of illness or other circumstances beyond the employee’s control. Should this occur the employee shall not lose recall rights but may be by-passed for a period of eighteen (18) monthsthe position available. If there is a recall, employees who are still Any employee by-passed through failure to respond shall remain on the recall list shall be recalledfor the balance of the employee’s recall period.
19.05 The Employer agrees that it will not contract out work currently being performed by bargaining unit employees, in if the inverse order result of their layoff. Notice such contracting out is to cause a layoff of recall shall be sent bargaining unit employees.
19.06 Two (2) supervisors will retain the right to perform the work of bargaining unit employees subject to the employees by certified or registered mail. following conditions:
(a) 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 supervisors will not perform any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt work 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 bargaining unit employees when there 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 no incumbent in the classification or assignment and displaces an employee with less seniority. Employees from other in question unless the available work has been declined by all employees in the classification.
(b) Where there are employee(s) working within a classification, the supervisors will not perform bargaining units not covered unit work in excess of twenty (20) hours per week including on-call unless the available work has been declined by this Agreement, and other all employees in the classification.
19.07 Two (2) owner/managers retain the right to perform the work 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 classificationbargaining unit employees.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 ReasonsA. If it becomes necessary for a layoff, Notice When the Employer determines, because of lack of work, lack of funds, reorganization, or following procedure will be effective. Probationary and temporary employees within a job abolishment classification will be laid off first provided a more senior qualified employee in that classification is able to last more than one (1) year, a layoff is necessary, perform the Employer shall notify the affected employees twenty-one (21) calendar days in advance duties of the effective date of position. Employees with 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 least seniority will be laid off in accordance with their seniority within job classifications.
B. A laid off employee may claim the job of a less senior employee provided the employee previously held a position in that classification seniority and the employee has the ability to perform the job. A laid off employee shall not bump a bus driver unless the employee bumping has a valid Michigan State certificate to drive a school bus.
C. Employees to be laid off for the classifications affected by the an indefinite period of time or ten (10) days or more will have at least twenty-one (21) calendar days' notice of layoff, except in cases of an emergency where it is impossible to do so. Short term layoffs of ten (10) days or less may be given without advance notice. The employee(s) with Union secretary shall receive a list from the least classification seniority Employer of the employees being laid off on or before the same date the notices are issued to the employees.
D. When the working force is increased after a layoff, employees will be recalled according to seniority, as defined in Article 20 will be this Agreement, provided the laid off first. Bumping or displacement will also occur in accordance with employees have the employee’s seniority with qualifications and ability to perform 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 layoffavailable work. Notice of recall shall be sent to the employees employee at his last-known address 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 If an employee shall have seven (7) calendar days following the receipt of the recall notice fails to notify the Employer Superintendent's office in writing of his intention his/her intent to return to work and shall have fourteen within ten (1410) calendar days following the after a certified (return receipt of the requested) recall notice in which to report for dutyis received, 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 he/she 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 certificationconsidered a quit. The employee shall be required who notified the Superintendent in writing of his/her intent to complete the training in a timely fashion established by the Employer. If the employee accept recall and who then fails to complete report to work on the training, the employee may first scheduled day for that position shall also be removed without recourse to the grievance procedure or the State Personnel Board of Reviewconsidered a quit.
Section 19.4 Bumping Bumping rights E. In the event of layoff only, representatives and the president will be extended to the employee under this Agreement. Employees may bump or displace employees in other classifications so retained at work as 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 there 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 classificationwork available which they can perform.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines, because of lack of work, lack of funds, reorganization, there is a reduction or a job abolishment that is to last more than one (1) year, a layoff is necessaryredundancy in the workforce, the Employer following procedure shall notify the affected employees twenty-one apply:
(21a) calendar days Agency, students and probationary employees, 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 affectedorder, 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 In the employee’s seniority with the least senior case of a probationary employee, as defined they will be laid off provided the remaining employees have the ability and qualifications to perform the available work.
(i) In a classification where a reduction takes place, all employees temporary transferred into the affected classification, will be returned to their home classification first by Article 20inverse order of seniority.
(ii) In a classification where a reduction takes place, all employees in a temporary job posting in the affected classification, will be returned to their home classification by inverse order of seniority.
(b) Employees within the classification where the reduction/redundancy occurs will be laid off in inverse order of seniority. The employee affected by such reduction/redundancy may displace the most junior employee in any classification provided they have the ability and qualifications to perform the job. The employees will be provided a familiarization period if needed. Those employees wishing to bump have twenty-four (24) hours to make their decision. If there happens to be vacant positions available in other classifications, they will be posted prior to the commencement of the bumping procedure which may minimize employees being laid off and exercising their bumping rights. Inability to displace another employee will result in layoff.
(c) When there is an increase in the workforce, or an opening, laid off first.
Section 19.3 Recall List Employees employees including those who are laid off shall have exercised their seniority to bump into another classification, will be placed on a recalled according to seniority. They will also retain specific recall list rights into their original classification for a period of eighteen up to six (186) months. If there is a recall, employees who are still on an increase in workforce 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 laid off employee shall have seven recall rights according to Article 12.03 (7e), provided they possess the ability and qualifications to perform the available work. Should an employee exercise their right to post on a position under Article 13, their recall rights back to their former classification will be relinquished.
(d) A list of employees to be laid off will be made available to the Chairperson and the employees informed of layoff at least ten (10) working days prior to the layoff becoming effective, or alternately the Company will pay any employee laid off two (2) weeks salary in lieu of such notice provided the layoff is for more than five (5) working days.
(e) An employee, while retained on the seniority list during layoff, accumulates seniority during such period.
(f) Seniority lists shall be posted in the office by the Company on an office wide basis, showing the employee's name, job classification and seniority date of each employee covered by this Agreement. It is incumbent on the employee to verify the accuracy of the seniority list.
(g) The Company shall post revised seniority lists every three months or when requested. A copy of the seniority list as posted shall be supplied to each Committee member. The lists so supplied shall include the names of seniority employees then on layoff.
(h) When a short term reduction within the department/classification is required, the following procedure will apply as long as the lower seniority people are capable of performing the required job functions: The highest seniority employee and subsequent highest seniority employees will be offered the layoff. If such employees decline the layoff, the layoff procedure defined in Article 12.02 (a), (b), (c), (d), (e), (f) and (g) will apply. If the employees in question accept the layoff, the following procedure will apply, not excluding Article 12.02 (c), (d), (e), (f) and (g): A time frame for short term layoffs will be in thirty (30) calendar days following day increments. The Company has the receipt of right to recall an employee(s) at any time during the recall notice thirty (30) day incremental period(s). If the layoff is expected to notify extend beyond the Employer of his intention first thirty (30) calendar day period, the employee(s) currently on layoff will be informed about the extension on day twenty (20) at which time they must decide to return to work and shall have fourteen (14) calendar days following the receipt of the recall notice in which to report or remain on layoff 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.another thirty
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines, because A. Layoffs (Reduction in Force)
1. A layoff is a reduction of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1two hours in an employee’s daily work schedule.
2. The District shall determine when a layoff or hour reduction is necessary and what position(s) yearbe cut or hours reduced. However, the District agrees that such a layoff or hour reduction shall be determined by the employee’s training, experience, and seniority within the District and shall be implemented in accordance with the procedures included herein.
3. A reduction of up to two hours in an employee’s daily work schedule shall not be considered a layoff and shall not be subject to the provisions of this section.
4. Whenever the District determines a layoff is necessary, it shall immediately provide the Employer shall notify Union President (of OSEA Chapter 98) a layoff list. Except in the event of an emergency, affected employees twenty-one shall be notified at least fifteen (2115) calendar days in advance of prior to the effective date of the layoff or job abolishmentlayoff. It is understood and agreed that no provisions In the event of Civil Service Law or rules school closure due to lack of funds, however, the notice shall apply to layoffsbe ten (10) calendar days.
Section 19.2 Classifications The Employer shall determine 5. Employees notified of an impending layoff must be considered for a position in which classification(s) layoffs will occur. Within each another job classification affectedbased upon their training, employees will be laid off in accordance with their classification experience, specific achievements, and seniority for the classifications affected by the layoff. The employee(s) with the District.
B. Bumping Rights
1. No employee may displace (bump) a more senior employee.
2. An employee notified of a layoff may only bump the least classification seniority as defined senior person in Article 20 will be laid off first. Bumping or displacement will also occur in accordance with the employee’s seniority job classification or any lower ranked job in the classification group.
3. An employee who works less than four (4) hours daily may not bump a person working four or more hours daily.
4. An employee working more than four (4) hours daily may exercise bumping rights into a position having les than four (4) hours. The employee shall still retain recall rights to a position with the least senior employee, same pay and number of hours as defined by Article 20, that which they held before layoff and for which the employee is qualified.
5. An employee transferred to a temporary position as a result of a layoff shall continue to be a regular employee and shall not lose recall rights to a regular position.
6. A laid off firstemployee who previously worked in a different classification for the district may “bump” a member in the previous classification as long as two conditions are met:
a. The laid off employee has greater classification seniority that the person to be “bumped”; and,
b. The laid off employee had satisfactory evaluation in their current position and in their position in the previous classification.
Section 19.3 Recall List Employees who are laid 7. Laid-off employees shall be placed on a recall list for a period of eighteen (18) months. If there is a recall, employees who are still remain on the recall list until such time as they are restored to the greater of 80% of hour or receive full restoration of benefits for a period no longer than 27 months.
8. A laid-off employee may request consideration from the Superintendent/Designee to remain on the recall list beyond one offer.
C. Recall Procedure
1. The District shall determine which position(s) or hours will restored. This recall provision will be in effect for two (2) years from the date of layoff or hour reduction.
2. Recalled or restored hour(s) restoration shall be recalled, in the by inverse order of their layofflayoff or hour reduction when more than one employee is involved in the same work classification group.
3. Notice of recall shall be sent to the employees by via 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, mail to the last mailing address provided given to the District Office 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 fifteen (715) calendar days following from the receipt date the notice of the recall notice was mailed to notify the Employer District of his intention their intent to return. The employee must report on the starting date specified by the District. Failure to notify the District of intent to return or to return to work and on the given date shall have fourteen (14) calendar days following be considered the receipt resignation of said employee.
4. Each employee shall keep the District informed of their current address for recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the noticenotification.
5. 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 trainingon layoff status who, the Employer shall provide and pay for the training required prior to maintain his certification. The employee shall be required to complete the training in layoff, held a timely fashion established by the Employer. If the employee fails to complete the trainingfull-time position accepts a part-time position, the employee may be removed without recourse to remains on 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 recall list until such time 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 is restored to 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 full- time position for which the employee is able qualified, based upon training, experience, and specific achievements.
6. Upon request, the District agrees to displace provide to the Union a less senior complete list of all classified employees, including each employee. If no employee ’s date of hire and total experience in a previously-held job classification has less seniority, then and in 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 classificationDistrict.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When A. Layoff shall be defined as a reduction in daily routes or runs (Primary or Secondary).
B. No employee shall be laid off unless said employee shall have been notified of said layoff at least ten (10) calendar days prior to the Employer determines, because effective date of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessarylayoff. In such instances, the Employer shall identify the specific routes or runs to be eliminated and 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) in those positions with a copy to the least classification seniority as defined in Article 20 will be laid off firstUnion. Bumping or displacement will also occur in accordance with Employees affected shall have the employee’s seniority with right to assume an equivalent position that is held by the least senior employee, as defined provided the more senior employee holds the appropriate certification and is qualified. New employees shall not be hired or employed by Article 20, laid off first.
Section 19.3 Recall List Employees who the Employer while there are laid off employees. If an employee is totally laid off or in the instance of a run reduction (Primary or Secondary), equivalent shall mean an assignment within the same time frame that does not conflict with the laid-off employee’s current work schedule. Distance traveled in the replacement assignment may be the same, more or less than that which was lost. An employee notified of impending layoff/reduction must exercise their option to assume an equivalent assignment within three (3) days of receipt of such notice or forfeit the option.
C. Totally laid off employees and those employees who lost a secondary run 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, recalled in the inverse order of their layoffseniority, with the most senior being recalled first to any vacant position, after the position has been posted as required under Article 7-C-5.
1. Notice Notices 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, mail to the last mailing known address provided by as shown on the Employer’s records with a copy to the Union. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee’s responsibility to keep the Employer notified as this/her current mailing list.
2. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his address. The A recalled employee shall have seven (7) calendar days following the receipt give notice of the recall notice to notify the Employer of his intention intent to return to work within three (3) working days after receipt of notice of recall 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 return 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.five
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice A. When the Employer determinesBoard determines to reduce the number of positions in one or more classifications covered by this Agreement, because the Board shall follow the procedure set forth in this article.
B. The Board shall determine in which classification the layoffs should occur and the number of lack employees to be laid off.
C. The Board shall lay off employees in the affected classification on the basis of work, lack of funds, reorganizationreverse seniority, or a job abolishment by an employee volunteering to accept the layoff in that is to last classification. In the event two (2) or more than one (1) year, a layoff is necessary, the Employer shall notify employees within the affected classification have the same seniority, seniority will be determined as between those employees twenty-one (21) calendar days in advance by draw from deck of cards, high card is most senior.
D. For employees laid off after the effective date of this Agreement, the layoff or job abolishment. It is understood and agreed that no provisions names 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 employees shall be placed kept on a recall list by classification for a period of eighteen two (182) monthsyears from the employee’s last workday. If there is the Board determines to fill any position in a recallclassification during that period, employees who are still the Board must offer the position to the most senior employee on the recall list shall be recalled, in the inverse order of their layofffor that classification. Notice The offer of recall shall be made by written notice sent to the employees employee at his/her most recent address of record 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 It is the employee. Employees shall be responsible for keeping ’s responsibility to keep the Office notified, in writing, Board informed of any changes in his his/her up-to-date address. The recalled employee shall have seven (7) calendar days following after the receipt notice is mailed to accept the offer of the recall notice and report 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 noticework. If the employee he/she does not respond within report during such seven (7) calendar days the employee day period, his/her name shall be removed eliminated from the recall list. If, upon recall, an employee must receive additional training, list and the Employer employment relationship between him/her and the Board 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 Employercease. If the first employee fails to complete on the trainingrecall list for a classification does not accept the recall, the employee may be removed without recourse Board shall offer the position 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 senior employee is able to displace a less senior employee. If no employee in a previously-held from that 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 list by the procedure outlined in this article, and so on, until the position is displaced may take a voluntary layofffilled.
E. Recall rights shall commence on the day following the employee’s last day of work.
F. For purposes of this article, when layoffs occur rather than displace to a lower classification.the following classifications will be used:
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the 11.1. 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 will notify the all affected employees twenty-one in the bargaining unit as well as the Union at least fourteen (2114) 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 layoffsany layoff.
Section 19.2 Classifications 11.2. The Employer shall determine which departments and which classifications will be affected by a layoff, and how many employees in which classification(s) layoffs each classification will occurbe laid off. Within each any particular classification, employees shall be laid off in the inverse order of their classification affected, seniority. Part-time bargaining unit 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 firstprior to regular full-time employees.
Section 19.3 Recall List 11.3. Employees who are laid off may bump other employees in a lower rated classification in their classification series, in their department, where the laid off employee has greater departmental seniority than the employee in the lower rated classification.
Section 11.4. Employees who are laid off shall be placed on a have recall list for a period rights of eighteen two (182) monthsyears. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff. Notice Written notice of recall shall be sent to the employees employee's last known address by certified or registered mail. The Failure of an employee to contact the Employer within ten (10) days of receipt of the notice or fourteen (14) days from the date the notice was sent, whichever comes first, shall be deemed constitute a forfeiture of an employee's right to recall. All applicants must take a Civil Service exam if recall rights have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employeeexpired.
Section 11.5. Employees shall be responsible recalled to the classification in which they were laid off in the order of their classification seniority or to a lower classification within their series in the order of their departmental seniority. No new employees shall be hired into a classification until such time as all laid off employees having recall rights have exhausted them.
Section 11.6. Employees displaced by a layoff shall be entitled to any wages due them for keeping service prior to the Office notified, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt effective date of the recall notice to notify layoff. In addition, at the Employer of his intention to return to work and shall have fourteen (14) calendar days following the receipt conclusion of the two (2) years recall notice in which period, or at a time when an employee resigns and requests 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 any applicable recall list. Iflists, upon recall, an employee must receive additional training, the Employer shall provide and pay for the training required to maintain his certification. The employee laid off employees shall be required entitled to complete any severance pay due them in accordance with 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 applicable provisions 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.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines, because Length 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, continuous employment with the Employer shall notify govern in cases of layoffs and recall, provided the affected employee has the ability to perform the work required. Employees shall be recalled by classification as required. The foregoing shall not apply to:
A. Assistant Manager (not more than two [2]), and
B. Employees hired to work on relief staff or replace employees twenty-one (21) calendar days in advance who are absent due to vacations, sickness, accident or other Leaves of the effective date of the layoff or job abolishmentAbsence. 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 Employees laid off in accordance with their classification seniority for the classifications affected above provisions by the layoff. The employee(s) Employer shall be recalled to work in order of length of service with the least classification seniority as defined in Article 20 will be laid off first. Bumping or displacement will also occur in accordance with Employer, provided:
C. No more than six (6) months has elapsed since the last day worked by the employee’s ;
D. For employees with one (1) year or more of service, no more than twelve (12) months has elapsed since the last day worked by the employee;
E. The employee reports for duty within twenty-four (24) hours from time of recall. If an employee, when contacted, for proper and sufficient reason is not immediately available to commence work, the next employee on the list can be hired temporarily. If the contacted employee cannot report for work until three (3) working days later, he or she shall exchange his or her seniority with the least senior employeenext employee on the list who is immediately available for employment until he or she is recalled, as defined by Article 20at which time he or she shall resume his or her original seniority status. If he or she does not report in one (1) calendar week from date of recall without proper or sufficient reason, laid off first.
Section 19.3 Recall List Employees who are laid off he or she 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 dropped from the recall seniority 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 keep the training in a timely fashion established by the EmployerEmployer informed of his or her current address and telephone number. If the Employer is unable to contact the employee fails to complete within five (5) working days, or if the trainingemployee is contacted and refuses the employment without proper and sufficient reason by the end of the five (5) day period, the employee may will be removed without recourse to dropped from the grievance procedure or the State Personnel Board of Reviewseniority list.
Section 19.4 Bumping Bumping rights will be extended to F. The employee is capable of performing the employee under this Agreementwork. Employees may bump or displace employees rehired in other classifications so long as accordance with Section 14.04 (C) and (D) above shall retain their previous length of service for the employee previously worked in the classification or assignment purposes of this Section 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 classificationSection 13.
Appears in 3 contracts
Samples: Collective Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsA - Layoff is defined as a reduction of the work force. If layoff becomes necessary, Notice When it shall be conducted in the Employer determines, because of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (following manner:
1) year, . Temporary employees.
2. Probationary employees.
3. Remaining employees beginning with the least seniored.
Section B - Seniored employees affected by a layoff is necessaryor elimination of position shall have the right to bump the least seniored bargaining unit member in an equal or next lesser position (classification) for which they are qualified.
Section C - In the event of a reduction of hours, the Employer entire position to be so reduced shall notify be eliminated and a new position shall be posted. Layoff provisions herein shall apply, except that the affected employees twenty-one notice period for elimination of a position to facilitate a reduction of hours in said position may be reduced to five (215) calendar working days. (An employee may voluntarily accept a reduction in his/her work hours without the position being subject to posting.)
Section D - Employees to be laid off shall be given a written notice at least fourteen (14) days in advance of prior to 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 layoffslayoff.
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 E - Notices of recall shall be sent to the employees by certified or registered mailmail to the last known address as shown on the Employer's records. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee's responsibility to keep the Employer notified as to his/her current mailing address. A recalled employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The Employer shall be deemed to have fulfilled its obligation by mailing may fill the recall notice by registered mailposition on a temporary basis until the recalled employee can report for work, return receipt requested, to providing the last mailing address provided by employee reports within the employeefive (5) day period. 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 for which they are qualified are obligated 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 listtake said work. An employee who declines recall to perform work for which he/she is displaced may take a voluntary layoffqualified shall forfeit his/her seniority rights.
Section F - A laid-off employee shall, when layoffs occur rather than displace upon application, be granted priority status on the substitute list according to a lower classificationhis/her seniority.
Section G - Laid-off employees shall be recalled in reverse order of layoff to any position for which they are qualified.
Section H - For the purpose of layoff and recall only, up to three (3) identified officers of the Union shall assume the highest seniority ranking.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 13.01 When the Employer determinesCompany deems it necessary to reduce the workforce, because the Company whenever possible, will attempt to give employees, five (5) working days notice of lack layoff.
13.02 In case of work, lack a layoff of funds, reorganization, three (3) weeks or a job abolishment that is less employees may be laid off and recalled by plant wide seniority amongst the employees in the classification within the department and shift affected provided the remaining employees have the necessary skills and ability to last perform the work satisfactorily.
13.03 In case of layoffs from work for more than one three (13) 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 affectedweeks, employees will be laid off by plant wide seniority amongst employees in accordance the classification within the department and shift affected, provided the remaining employees, with the appropriate familiarization, have the necessary skills and ability to perform the work satisfactorily.
13.04 Employees affected by a layoff for more than three (3) weeks may displace:
a) The employee with the lowest seniority in the same classification and same department on any shift ; OR
b) The lowest seniority employee on the rotating shift plant-wide; OR
c) The lowest seniority employee in the plant. In situations where multiple employees are laid off at the same time, such employees will have their classification choice of available positions on the basis of seniority. Seniority employees must demonstrate the skill and ability to perform satisfactorily the new work assigned with appropriate familiarization. Employees who take a lower paying position rather than being laid off will receive the pay rate of the lower classification.
13.05 In the case of a recall within ninety (90) calendar days of a layoff pursuant to section 13.03, employees who have been displaced by such layoff shall have a choice to go back to the job from which they were displaced. In all other cases, employees on layoff shall be recalled on the basis of seniority provided the employee has the skill and ability to perform satisfactorily the work available with appropriate familiarization.
13.06 Seniority employees who are subject to temporary layoff are entitled to receive benefits under the Layoff Security Plan negotiated between the Company and Human Resources and Skills Development Canada. To be eligible, employees must:
(1) apply and be approved for the classifications affected by receipt of Employment Insurance Benefits;
(2) provide the layoff. The employee(semployer with written evidence from HRSDC (electronic confirmation is acceptable) with that he or she has been approved for the least classification seniority as defined in Article 20 will receipt of Employment Insurance Benefits; and
(3) be laid off firstsolely due to temporary shortage of work. Bumping or displacement Such employees 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 paid 60% of their layoff. Notice of recall shall be sent normal weekly income, up 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.the
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons8.1 All layoffs and recalls shall be based on group seniority.
8.2 The Association shall immediately be notified by the Board when the specific position(s) to be eliminated or reduced have been identified. Such notification shall include the reasons for the action and, 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 necessaryif known, the Employer time schedule for implementation. Each employee being affected by the layoff or reduction shall notify be notified by the affected employees twentyBoard in writing within forty-one eight (2148) calendar days in advance hours of the effective date notification to the Association, and if possible, five (5) weeks notice, but no less than two (2) weeks prior to the implementation of the layoff or job abolishmentreduction. It is understood and agreed that In no provisions instance shall the individual employee be notified of Civil Service Law or rules shall apply a layoff prior to layoffsnotification to the Association.
Section 19.2 Classifications The Employer 8.3 When layoffs or reductions are required during the school year for Classroom Assistants or for Clerks at any time, the following procedure(s) shall determine in which classification(s) layoffs will occur. Within each classification affectedbe used:
A. Positions vacant, due to retirement or resignation, and not scheduled for elimination plus all newly established positions shall be posted and filled first.
B. Next, employees will in specific positions to be laid off eliminated or reduced shall be considered "displaced".
8.4 Displaced employees starting with "D" classification clerks and the "C" classification classroom assistants, shall in accordance with their classification seniority for the classifications affected order select positions by the layofffollowing procedure:
A. The employee shall first take any available vacancy for which he/she is qualified within his/her wage classification and seniority group, or if not available:
B. The employee shall have the option of:
1. 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 displacing the least senior employee in his/her wage classification and seniority group. If any testing is necessary it shall be directly related to the responsibilities of the position. The Board shall notify the Association if any additional testing is required prior to administering such tests.
2. taking a vacancy in a lower wage classification in the same seniority group,
3. if no vacancy exists in a lower wage classification, may displace least senior employee in a lower wage classification in same seniority group provided that the least senior employee in the lower wage classification has less seniority than the least senior employee in the displaced employee's wage classification, or
4. the employee may accept the elimination as a layoff providing there are no vacancies.
5. The employee must meet the qualifications of the position to be taken.
C. A classroom assistant displaced, under the provisions of 8.3 and 8.4, during the year may exercise his/her seniority, for the purpose of section 8.5, in either his/her previous program or his/her new program assignment. He/she shall notify the administration by May 1 of which program has been selected.
D. Any employee unassigned after the implementation of the above procedures shall be notified of layoff.
E. An employee scheduled to work fewer than thirty (30) hours per week at the time of layoff or reduction, may not displace an employee scheduled to work thirty (30) or more hours per week.
8.5 When layoffs or reductions among classroom assistants are required for the next school year, the following procedure(s) shall be used:
A. Positions vacant, due to retirement or resignation, and not scheduled for elimination plus all newly established positions and all positions that will be maintained from the current year shall be identified.
B. Next, classroom assistants shall be assigned a specific position within their current program assignment. Programs are defined as follows: Emotionally Impaired and Health Care Assistant/Emotionally Impaired Hearing Impaired and Health Care Assistant/Hearing Impaired Autistic & Health Care Assistant/Autistic Health Care Assistant/Physically and Otherwise Health Impaired (PI, OHI) Early Childhood - ECDD Pre-Kindergarten – Pre-K (CDA is required) General Education, Locker room Health Care Assistant/Visually Impaired Specific Learning Disabled Classroom Assistant – LD Severely Multiply Impaired- SXI Cognitively Impaired, mild, moderate, or severe – CI Traumatic Brain Injury – TBI Severe Language Impairment – SLI In the case of insufficient positions within a program, the least senior classroom assistant will not receive an assignment within their program and shall be considered "displaced". All classroom assistants shall be notified of their assignment or displaced status by Article 20the third Monday in May.
C. All classroom assistants shall be notified by the third Wednesday of May of the job selection meeting which shall be held no earlier than June 1 nor later than June 10. The notification shall include a listing of all positions that will be available for selection at the meeting. These dates shall not be changed except by mutual agreement between the Association and the Administration.
D. Displaced classroom assistants shall attend the job selection meeting. All other classroom assistants have the right to attend the meeting and all non-displaced classroom assistants shall notify the administration of their intent to attend by filing a "Change of Assignment" form by five (5) workdays prior to the job selection meeting.
E. At the job selection meeting, laid off employees shall select a position based on the following criteria:
1. All employees shall make job selections by wage classification and in the order of seniority. Most senior employees shall select first.
Section 19.3 Recall List Employees 2. If an employee who are laid off has a position for the next school year selects a different position, the original position shall be placed on the selection list and employees may select that position by wage classification and seniority order.
3. All selections will be tentative. Following the job selection meeting, officials of the Association and the Administration shall meet to review selections to assure that no selection excluded an employee being placed in a recall list for a period position. This meeting shall take place within three (3) workdays of eighteen (18) monthsthe general meeting. If there is a recall, employees who are still on the recall list Placements shall be recalled, in the inverse order finalized at this meeting and employees will be notified within three (3) workdays of their layoff. official placement.
F. Vacancies which occur after the job selection meeting shall be filled according to the provisions of Article IX.
8.6 Notice of recall shall will be sent to the employees made by telephone whenever possible and simultaneously 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, mail to the last mailing address provided given to the Board 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 encouraged to complete respond in writing to the training telephone call within forty-eight (48) hours. The employee shall respond in a timely fashion established by writing to the Employernotice of recall within forty-eight (48) hours of the date the employee receives the certified letter. If the employee fails to complete respond within forty-eight (48) hours from the trainingreceipt of the notice of recall, the employee may will be deemed to have refused the position offered and will be removed without recourse from the recall list and terminated. Acceptance of a position that offers less time than the employee had at the time of layoff will not affect the employee's later recall rights to a position equivalent in time to the grievance procedure position held by the employee at the time of layoff except as modified by requirements in classification article. If the employee responds within the forty-eight (48) hour period mentioned above and refuses a position, which offers less time per day or is in a lower wage classification than the State Personnel Board employee had at the time of Reviewlayoff, the employee's later recall rights shall not be affected.
Section 19.4 Bumping Bumping rights 8.7 In recalling employees from layoff, no employee will be extended to the employee under this Agreement. Employees may bump terminated, lose recall rights 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 if the employee is able at the time of recall working for another school district and the person provides the Assistant Superintendent of Human Resources a statement in writing indicating a desire 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 left on the recall list. Rights of recall shall cease after ten (10) months from the date of initial recall in this instance or refusal of a second recall.
8.8 If an employee refuses a vacancy in a circumstance other than outlined in 8.7 above, the employee will be removed from the recall list and terminated. An employee who is displaced may take ill can accept a voluntary layoff, when layoffs occur rather than displace recall even if unable at that point in time to a lower classificationreturn to work.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons
A. The employer reserves the right to lay off employees in situations involving financial emergency, Notice When the Employer determinesreduction in student count or funding necessitating layoff, because of a lack of needed work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer other legitimate business necessity. Bargaining unit members 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 Classification seniority; that is, the classifications affected by the layoff. The employee(s) employee with the least classification Classification seniority as defined in Article 20 will shall be laid off first. Bumping or displacement will also occur In the selection of employees for layoff, the school district shall retain those bargaining unit members with the greatest seniority within that classification provided the bargaining unit member is qualified to perform the work.
B. Classification is defined as custodial, culinary, clerical, bus driver, and aide.
C. Whenever a bargaining unit member is to be laid off, the school district shall notify the bargaining unit member and the Association President by mailing notice within ten (10) working days of the Board meeting in which the Board took layoff action, except in case of emergency. No layoffs shall be effective for twenty (20) calendar days, following notification.
D. Laid-off bargaining unit members shall be recalled in accordance with Seniority Classification seniority; that is, the employee’s seniority bargaining unit member with the least senior employeegreatest seniority shall be recalled first, as defined by Article 20, laid off firstprovided that person has the ability and is able to perform the duties of the job that is open.
Section 19.3 Recall List Employees who are laid E. When recalling laid-off shall be placed on a recall list for a period of eighteen (18) months. If there is a recallbargaining unit members, 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 school district will notify them by certified mail 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 email at the last mailing known address provided as preselected 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 If such bargaining unit member does not 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 school district within seven (7) working days from the mailing date of such notice that he/she will report for work on the date specified, or give a legitimate reason, as determined by the Superintendent, for delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated. Seniority bargaining unit members shall have recall rights up to two (2) years from the date of layoff.
F. In the event of a reduction in the work hours in a classification as referenced in A above, bargaining unit members with the greater seniority in that classification may use same to maintain his/her normal work schedule by displacing bargaining unit members with less seniority on the work schedule. In no case shall a reduction of any bargaining unit member’s work hours take effect until twenty (20) calendar days after written notice to 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 affected bargaining unit member(s) is given 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.
Appears in 3 contracts
Samples: Master Contract, Master Contract, Master Contract
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 necessaryAbsent exigent circumstances, the Employer shall notify Village will advise the affected Union at least three weeks prior to the effective date of any reduction in force that would result in the layoff of any employees twenty-covered by this Agreement. If thereafter one (21) calendar days or more employees who would not otherwise be subject to the reduction in advance of force decide to voluntarily retire on or before the effective date of the layoff or job abolishment. It is understood and agreed that no provisions reduction in force, the number of Civil Service Law or rules shall apply employees 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 shall be reduced accordingly. In the event the Fire Pension Board of Schaumburg votes to return an employee receiving a disability pension to active duty, the Village will not displace a non-probationary employee in accordance with their classification seniority for order to return that employee to active duty. In the classifications affected by event the layoff. The employee(s) Village determines that a reduction in force is necessary, employees with the least seniority in the affected classification seniority as defined in Article 20 will shall be laid off first. Bumping Any fire lieutenant who is laid off shall have the right to bump the firefighter/paramedic or displacement will also occur in accordance with the employee’s seniority firefighter with the least senior employeeseniority, as defined by Article 20, provided the lieutenant has greater seniority. Any firefighter/paramedic who is laid off first.
Section 19.3 Recall List shall have the right to bump the firefighter with the least seniority, provided the firefighter/paramedic has greater seniority. For the purposes of this Article, the phrase “affected classification” shall mean lieutenant, firefighter/paramedic, and firefighter. Employees who are laid off shall be placed on a recall list for a period of eighteen (18) monthstwo years. If there is a recall, employees who are still on the recall list shall be recalled, recalled according to their seniority in the inverse order of their layoffclassification in which the recall occurs. Notice of Employees who are eligible for recall shall be sent to the employees by certified or registered mailgiven fourteen (14) calendar days’ notice of recall. The Employer Village shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, certified mail to the last latest mailing address provided by the employee. Employees shall be responsible for keeping , it being the Office notified, in writing, obligation and responsibility of any changes in the employee to provide the Village’s Director of Human Resources with his current mailing address. The recalled Notwithstanding the foregoing, an exception to seniority may be made where the employee shall have seven (7) calendar days following subject to a layoff is the receipt of the recall notice to notify the Employer of his intention to return only employee certified and/or qualified to work and shall have fourteen in an existing position (14i.e., paramedics, fire inspectors, arson inspectors, scuba divers or another specialized position identified by the Fire Chief in accordance with Section 6.5 below) calendar days following or when the receipt of the employee eligible for recall notice in which to report for duty, unless a different date for returning is not certified and/or qualified to work is otherwise specified in the notice. If position which 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 Village is seeking to maintain his certification. The employee shall be required to complete the training in a timely fashion established fill 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 Reviewrecall.
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.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons
a) The Employer shall notify regular employees not given a termination date when hired who are to be laid off a minimum of twenty (20) working days prior to the effective date of layoff. If the employee has not had the opportunity to work twenty (20) full days after notice of layoff, Notice When they shall be paid in lieu of work for that part of the twenty (20) days during which work was not made available.
b) On layoff, premium cost sharing and benefit coverage excluding Long Term Disability and Short Term Disability pursuant to Article 27 shall continue for three (3) months. Coverage may continue at the employee's option for an additional three (3) months, however, the employee will be required to pay the full cost of premiums for this additional period. Employees recalled during the eighteen (18) month recall period shall be re- enrolled on the first day of the month following recall. Employees rehired after the recall period shall be required to work the full benefit qualification period.
c) A regular employee about to be laid off having the required skill, knowledge and ability may exercise seniority rights to bump locally or bargaining-unit- wide to an equivalent or lower classification providing the employee bumped is the most junior in the classification and providing a part-time employee cannot increase their hours of work through the bumping process. Where an employee chooses to bump outside of the community in which the employee has most recently worked, all relocation expenses are the responsibility of the employee.
d) Upon receipt of layoff notice the employee will be entitled to meet with a Union and a College representative to clarify the options available to the employee. Such a meeting must be requested by the employee not later than two (2) working days following receipt of notice, and shall be convened no later than three (3) working days thereafter. The Employer determines, because must be notified by the Union or the employee of lack of work, lack of funds, reorganizationwhere bumping will occur within two (2) working days following that meeting, or within seven (7) working days following receipt of layoff notice should a job abolishment that meeting not be requested. In exceptional circumstances, an extension of these timelines may be granted by mutual agreement of the parties. A regular employee who is laid off on a seasonal basis each year shall not be entitled to last more than one (1bump or choose severance under such circumstances, but shall have those rights if laid off for any other reason.
e) yearRegular employees on layoff shall be recalled in order of service seniority, a layoff is necessaryprovided they have the skill, knowledge and ability to perform the available work. The employee has the right to refuse recall, if outside of the employee’s community, without losing recall rights.
f) A list of regular employees shall be kept and the Employer shall notify the affected said employees twenty-one (21) calendar days in advance of the effective date of the layoff or job abolishmentregular and temporary vacancies. 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 Where temporary vacancies 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 recalledadvised and considered to fill such vacancies prior to any other potential applicants providing the employee has the skill, in knowledge, and ability for the inverse order of their layoffposition. Notice of Refusal to accept a temporary vacancy shall not affect the employee’s recall shall be sent to rights.
g) i) An employee on the employees by certified or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mailRecall List, return receipt requested, to the last mailing address provided currently not employed by the employee. Employees College, shall be responsible for keeping maintain their address and phone number with 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 College 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 purpose of Reviewrecall.
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.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons10.01 In the event of layoff, Notice When seniority shall be used in its reverse order, beginning with the Employer determinesmost junior employee of the seniority unit in the geographic location where the layoff occurs who shall be the first to be laid off. No new employee shall be hired until all qualified laid off employees in her seniority unit have been recalled. In the event an employee is subject to layoff, because she shall have the right to displace a junior employee in her classification group, within her seniority unit in the geographic location where the layoff occurs. In cases of lack layoff, an employee with the required qualifications may use their unit seniority to displace an employee with less seniority in the same seniority unit in any geographic location as set out above. In the event of work, lack of funds, reorganization, a permanent lay-off or a job abolishment that is to last more than one (1) year, a layoff is necessaryreduction in work in schools, the Employer shall notify provide ten (10) working days notice, in writing, to 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 layoffsemployee affected.
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 10.02 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, recalled in the inverse reverse 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 give notice of recall notice by registered mail, return receipt requested, mail to the last mailing recorded address provided by of the employee. Employees The employee shall be responsible for keeping keep the Office notified, in writing, Employer advised at all times of any changes in his her current 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 working days of notice of recall, unless an extension has been granted by the employee shall be removed Board.
10.03 Before the Board employs a person from the recall list. If, upon recalloutside staff, an employee must receive additional trainingon layoff and subject to recall shall, for a period of twenty-four (24) months commencing from the Employer date of layoff, be given first opportunity to perform supply work or to fill a temporary assignment which they are qualified to perform within the bargaining unit.
10.04 The Board shall provide and pay for notify 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 Union as to the grievance procedure names of all bargaining unit employees who have been laid off or the State Personnel Board of Reviewrecalled under these procedures.
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.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice A. When the Employer determines, because Board determines it necessary to reduce the number of employees due to lack of work-decreased enrollment of pupils, lack return to duty of fundsa regular employee after a leave of absence, reorganizationsuspension of schools or territorial changes affecting the District, building closures or building/District realignment, or for financial reasons the following procedure shall govern such layoff.
B. Prior to any reduction in staff the Board shall meet with the Association to advise them of the determined reduction.
C. The number of people affected by a job abolishment that reduction in force will be kept to a minimum by not employing replacements, insofar as is practical, for employees who resign, retire or otherwise vacate a position. Substitute employees, seasonal and casual employees, student workers, temporary employees, and any governmental program employees shall be laid off before any regular employees.
D. Whenever it becomes necessary to last more than one (1) yearlay off employees by reasons stated above, affected employees shall be laid off within a respective classification according to classification seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute interruption in continuous service. In case of identical seniority, the date of receipt shown by the Bureau of Criminal Identification for fingerprinting will be used to determine the order of layoff. If the BCI is showing the same date, a flip of a coin will determine the order of layoff. The classifications listed below the Secretarial, Transportation, Cafeteria and Custodial Departments shall be used for the purpose of defining seniority in the event of layoff: Secretarial Transportation Administrative Assistant Head Mechanic Social Worker Mechanic District Computer/Network Specialist Bus Drivers Computer Technician Crossing Guards A-V Technician On Board Instructors Library Clerks Independent Aides Cafeteria Teacher Aides Managers Noontime Supervisors/Monitors Cooks School Health Aides (Hourly) Helpers Auxiliary Staff (Hourly) Servers Attendants Custodial Maintenance Custodians Cleaning Staff Custodial continued Maintenance Helper Storeroom
E. Employees affected by layoff is necessaryshall have the right to displace a less senior employee in their own classification or a less senior employee in a classification previously held. During a layoff employees with a limited contract status shall be laid off prior to an employee who has a continuing contract status. After the initial RIF within the classification an employee may use system seniority to move into a classification previously held. An employee who assumes a previously held position will be placed at the salary schedule step that best keeps their rate of pay the same and, when feasible, the Employer shall notify employee will keep their same rate of pay within 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 layoffssame Department.
Section 19.2 Classifications F. The Employer Board shall determine in which classification(s) layoffs will occurclassification the layoff should occur and the number of employees to be laid off. Within each In the classification affectedof layoff, employees will on probation shall be laid off before any employee in accordance with their that classification seniority employed under a continuing contract is laid off.
G. For the classifications in which the layoff occurs, the Board shall prepare a reinstatement list and name all employees on the reinstatement list in the reverse order of layoff. Reinstatement shall be made from this list before any new employees are hired in that Classification. Vacancies that occur in the classification of layoff shall be offered to the present employees according to Article VII. Vacancies that remain following the above shall be offered and accepted or declined in writing by the employee standing highest on the layoff lists who is qualified 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 position within seven (7) calendar days before the next person on the list may be offered the vacancy. The employee's name shall remain on the appropriate list for a period of two (2) years from the effective day of layoff. If reinstated from layoff during this period, such employee shall be removed from the recall list. If, upon recall, an employee must receive additional training, the Employer shall provide retain all previous accumulated seniority and pay for the training required to maintain his certification. The employee a notice of reinstatement shall be required to complete the training in a timely fashion established made 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 Reviewcertified mail.
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.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Layoff and Recall. Section 19.1 ReasonsThe Board may lay off one or more Employees upon providing not less than forty-five (45)work days', Notice When the Employer determinesexcluding Saturdays and Sundays, because of lack of work, lack of funds, reorganization, or a job abolishment that is written notice prior 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) Employee with the least classification seniority as defined shall be the first to be laid off, provided that the next senior Employee retained has the necessary skills, qualifications, abilities, and willingness to perform the work available. Subject to Article Employees on layoff possessing the necessary skills, qualifications, abilities, and willingness to perform the work available shall have a right of recall for positions which become available during the layoff, in reverse order of layoff. The right of recall shall cease twelve (12) months after the date of layoff and the Employee shall lose all seniority and be deemed terminated. The Board shall not participate in the cost of an Employee's benefits, including pension contributions, after the month in which the Employee is laid off provided that, subject to the conditions and the availability of the insurance benefits, the Employee may seek to arrange to have his or her benefits continued solely at the Employee's expense until recall or until the expiry of the period referred to in Article 20 will be laid off firstwhichever first occurs. 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 Where an Employee is a recall, employees who are still on the recall list shall to be recalled, in the inverse order of their layoff. Notice of recall he or she shall be informed of the recall by written notice. A notice sent to the employees by certified or registered mail. The Employer last known address of the Employee, as shown on the records of the Board, shall be deemed to have fulfilled its obligation by mailing be sufficient notice. It is the responsibility of each Employee on layoff to keep the Board informed of his or her current address. An Employee receiving a recall notice by registered mail, return receipt requested, to shall advise the last mailing address provided by the employee. Employees shall be responsible for keeping the Office notifiedBoard, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar that within ten 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 notice, he or she accepts the recall notice in which to report for duty, unless a different and will commence employment at the date for returning to work is otherwise and place specified in the notice. If Upon expiration, after ten days following the employee does date of such recall notice, any and all employment and recall rights of an Employee shall terminate where the Employee has not respond within seven (7) calendar days provided written acceptance of the employee recall. Other than the right of recall and the benefits provided in this Article, during the period of layoff an Employee on layoff shall not be entitled to any of the benefits in this Agreement. An Employee on layoff shall be removed from compensated for Court attendance required as a result of the recall list. If, upon recallperformance of police duties in accordance with Article or before the effective date of layoff, an employee must receive additional training, the Employer shall provide and pay for the training required turn in all use of force equipment to maintain his certificationSupervisor. The employee on layoff shall not wear any clothing that identifies as a NAPS employee. Subject to an employee shall be required to complete the training in a timely fashion established by the Employer. If the employee fails to complete the trainingturn all of NAPS property and clothing, the employee may be removed without recourse to the grievance procedure or the State Personnel Board of Reviewincluding notebooks, into Supervisor.
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.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons(a) Layoff and recall shall be on the basis of Seniority, Notice When as defined under Article 22.01 among the Employer determinesMembers within the classification.
(b) In the event of layoffs, because of lack of work, lack of funds, reorganization, or Members within a job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer classification 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 the order of seniority for the classifications affected by the layoff. The employee(s) beginning 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 firstsenior.
Section 19.3 Recall List Employees (c) Members shall be recalled within a Job Classification in inverse order of layoff, provided they remain qualified and able to perform the required work and caseload. Members on recall shall be offered an available opening in another job class for which they hold qualifications. A Member who has accepted a position in another job class retains the full rights of recall to a position within their own job class.
(d) Members who are laid laid-off shall retain the right of recall for two years to the job classification following the date of layoff. Member’s right of recall shall be placed forfeited and the Member’s employment shall be deemed to be terminated when:
i) the Member declines recall to a job classification for which the laid-off Member has seniority;
ii) the Member fails to notify the Board of intentions to return to employment within six (6) working days after notice of recall is sent by registered mail to the last address shown on a recall list for a period the Board’s records.
(e) It shall be the duty of eighteen (18) monthsthe laid-off Member to notify the Board promptly, in writing, of any change of address. If there is a recalllaid-off Member should fail to do so, employees who are still the Board shall not be responsible for failure of notice to reach the laid-off Member. Any notice sent by the Board by registered mail to the address of the laid-off Member which appears on the Board’s records shall be deemed to have been received by the laid-off Member.
(f) Members on the recall list shall be recalled, in responsible for informing the inverse order Board and the President of their layoff. Notice the Bargaining Unit of recall any new areas of qualifications and of any change of address.
(g) A Member who is recalled to a position with the Board following the effective date of termination shall be sent placed into a position as though there were no break in service. Notwithstanding the foregoing, if a Member who is a probationary and is recalled to a position with 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 Board more than ten (710) calendar working days following the receipt effective date 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 dutytermination, 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 time equivalent 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 time on the recall listlist may be added to the remaining probationary period. An employee Experience for grid purposes shall not accrue during any period or layoff. Members who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationhave been terminated by the Board because of redundancy and who subsequently are recalled by the Board shall maintain any sick leave credits for sick leave purposes or for calculation of their Retirement Gratuity.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 ReasonsAn employee may be subject to a non-disciplinary, Notice When the Employer determines, because of lack of work, lack involuntary termination through layoff in connection with a shortage of funds, reorganizationabolition of position, or lack of need for the work performed by an employee or group of employees. In such cases, affected employees will be given as reasonable an amount of advance notice as conditions permit, as follows: In the reduction in force (layoff) and recall of union employees, seniority and qualifications shall prevail as follows:
1. All Part-Time police officers will be laid-off prior to any full time bargaining unit member.
2. For reduction in force within the bargaining unit, employees having the lowest seniority within the classification identified for reduction will be laid off.
3. When employees are subject to a job abolishment that is to last more than one (1) year, a layoff is necessaryreduction in force, the Employer College shall notify have the affected employees twentyright to prioritize the layoff byclassification.
4. The bargaining unit member(s) who is subject to layoff shall be sent a letter of notification by certified mail at least seventeen (17) calendar days or shall have the letter of notification hand-one delivered at least fourteen (2114) calendar days in advance of the effective date of action, provided that such notice shall not be required with respect to temporary layoffs or lack of work occasioned by floods, fires, utility failures, acts of God, or other causes beyond the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffsCollege's control.
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 layoff5. Notice of recall to an employee shall be sent to the employees made 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, mail to the last mailing known address provided by the of such employee. Employees A copy shall be responsible for keeping forwarded to the Office notifiedUnion. If the notice is undeliverable, in writing, of any changes in his addressthe College's obligation shall be considered to be fulfilled. The recalled employee shall have seven must notify the College within two (72) calendar working days following of the date of receipt of the recall notice to notify the Employer of his his/her 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 work. The date for returning to work is otherwise specified in shall be determined by the noticeCollege. If Failure to return from layoff shall subject the employee does not respond to termination of service. In the event that an employee is unable to return to work due to illness or injury certified by a physician, that employee shall so notify the College within seven two (2) working days of the date of receipt of the notice and shall provide the College with a physician's certification upon request. Failure to notify the College and/or to provide a physician's certification upon request shall subject the employee to termination.
6. The obligation to recall an employee shall cease after a full two years of layoff.
7) calendar . The recall of employees laid off shall be in reverse order of layoff except that probationary employees shall have no right to recall.
8. Seniority shall mean the length of time measured in continuous years, months, and days of service an employee has with Cincinnati State College.
9. The College reserves the right to abolish or freeze positions as it deems necessary.
10. In the event an employee is unable to return to work due to illness or injury certified by a physician, the employee shall not lose his/her right to a subsequent recall; however, Cincinnati State College will not be removed from obligated to hold 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. position open until the such time asthat employee is able to displace return to work.
11. Employees on layoff are not eligible for holiday pay for holidays which fall during such layoff or leave. However, if an employee is laid off on the day a less senior employee. If no employee in a previously-held classification has less seniority, then the employee seeking to displace holiday is observed he/she 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 classificationpaid holiday pay if they would otherwise have been eligible for holiday pay.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 26.1 When the Employer determines, because of lack of work, lack of funds, reorganization, determines that a layoff or a job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer Association President shall notify the affected employees twenty-one be notified in writing, no later than thirty (2130) calendar days in advance of prior to the effective date of the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules Such notice shall apply to layoffs.include the reason(s) for the layoff
Section 19.2 Classifications 26.2 The Employer shall determine in which classification(s) layoffs or job abolishments will occur. Within each classification affected, occur and layoffs or job abolishments of employees will be laid off in accordance with their classification seniority for within those affected classifications.
Section 26.3 Whenever employee layoffs are necessary, the classifications affected by the layoff. The employee(s) with the least classification seniority Board shall not give preference to any employee based on seniority, except when making a decision between employees who have comparable evaluations as defined in Article 20 article 19. For Instructor Assistants only, seniority shall be the controlling factor in determining layoffs and recall.
Section 26.4 Layoff of Instructor Assistants will be laid off first. Bumping or displacement will also occur in accordance with the employee’s seniority order of seniority, beginning with the least senior employee, as defined by Article 20, employee and progressing to the most senior up to the number of employees to be laid off firstoff.
Section 19.3 Recall List Employees who 26.5 When employees are laid off off, the Employer shall be placed on create a recall list for a period of eighteen (18) monthseach classification. If there is a recall, Each list shall include all laid off employees who are still held a certificate/license in that classification at the time of their layoff. The Employer shall recall employees from layoff within each classification as needed. Employees who displace employees in a different classification will be maintained on the recall list for their original classification and in any other classification for which they are certificated/licensed. Seniority shall not be the basis for recalling an employee, except when making a decision between employees who have comparable evaluations. For Instructor Assistants only, seniority shall be recalled, in the inverse order basis for recall.
Section 26.6 An employee shall be eligible for recall for a period of their twelve (12) months after the effective date of the layoff. When the Employer recalls an employee off the recall list, the employee shall be recalled into a classification for which he was certificated/licensed at the time of his effective layoff date. If an employee is recalled into a classification which is different than the classification from which he was laid off, he shall remain in that classification until such time he applies for and is awarded a reassignment into a vacant position under the provisions of this Agreement. An employee on the recall list must accept a recall in any classification for which he is certificated/licensed. If he does not accept such recall, he shall forfeit any recall rights and shall be removed from all recall lists. In order for such an employee to be required to relinquish all recall rights, the position of recall must provide equivalent contractually established hours and pay to those provided for the position from which he was laid off.
Section 26.7 Notice of recall shall be sent to the employees employee 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. .
Section 26.8 The recalled employee shall have seven fifteen (715) calendar days following the receipt date of mailing 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 noticework. If the employee does not respond within seven the fifteen (715) calendar day period or responds before the fifteen (15) calendar days the employee shall be removed from the expire that he does not intend to return to work, he forfeits his 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 Employerright. If the employee fails to complete being recalled does not respond within the trainingfifteen (15) calendar day time period, the employee Employer may be removed without recourse go on to the grievance procedure or the State Personnel Board of Reviewnext person to be recalled.
Section 19.4 Bumping Bumping rights will be extended 26.9 The Association and the Board agree that a laid off employee shall have the right to continue his hospitalization/major medical insurance coverage (excluding dental and optical coverage) for that period of time the employee under this Agreementcontinues to receive his full bi-weekly pay or for the remainder of the month of the effective date of the layoff plus two (2) additional months whichever is a longer period of time. Employees may bump or displace employees in other classifications so long as However, if the employee previously worked in files for unemployment compensation benefits during the classification above time periods or assignment and displaces an employee with less seniority. Employees from other bargaining units not covered by this Agreement, and other employees he fails to pay his percentage of the Sheriff’s Office who previously worked in a classification covered monthly premium as required by this Agreementthe collective bargaining agreement by the first day of each month of coverage, may displace into positions covered by this Agreement so long as his hospitalization/major medical insurance coverage shall be immediately discontinued unless the employee displaced has less classification seniority. The employee displaced will be the one with the least seniority. Employees seeking opts 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 classificationextend such coverage at his own expense under COBRA.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsAn employee may be subject to a non-disciplinary, Notice When the Employer determines, because of lack of work, lack involuntary termination through layoff in connection with a shortage of funds, reorganizationabolition of position, or lack of need for the work performed by an employee or group of employees. In such cases, affected employees will be given as reasonable an amount of advance notice as conditions permit, as follows: In the reduction in force (layoff) and recall of union employees, seniority and qualifications shall prevail as follows:
1. All Part-Time police officers will be laid-off prior to any full time bargaining unit member.
2. For reduction in force within the bargaining unit, employees having the lowest seniority within the classification identified for reduction will be laid off.
3. When employees are subject to a job abolishment that is to last more than one (1) year, a layoff is necessaryreduction in force, the Employer College shall notify have the affected employees twentyright to prioritize the layoff byclassification.
4. The bargaining unit member(s) who is subject to layoff shall be sent a letter of notification by certified mail at least seventeen (17) calendar days or shall have the letter of notification hand-one delivered at least fourteen (2114) calendar days in advance of the effective date of action, provided that such notice shall not be required with respect to temporary layoffs or lack of work occasioned by floods, fires, utility failures, acts of God, or other causes beyond the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffsCollege's control.
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 layoff5. Notice of recall to an employee shall be sent to the employees made 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, mail to the last mailing known address provided by the of such employee. Employees A copy shall be responsible for keeping forwarded to the Office notifiedUnion. If the notice is undeliverable, in writing, of any changes in his addressthe College's obligation shall be considered to be fulfilled. The recalled employee shall have seven must notify the College within two (72) calendar working days following of the date of receipt of the recall notice to notify the Employer of his his/her 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 work. The date for returning to work is otherwise specified in shall be determined by the noticeCollege. If Failure to return from layoff shall subject the employee does not respond to termination of service. In the event that an employee is unable to return to work due to illness or injury certified by a physician, that employee shall so notify the College within seven two (2) working days of the date of receipt of the notice and shall provide the College with a physician's certification upon request. Failure to notify the College and/or to provide a physician's certification
6. The obligation to recall an employee shall cease after a full two years of layoff.
7) calendar . The recall of employees laid off shall be in reverse order of layoff except that probationary employees shall have no right to recall.
8. Seniority shall mean the length of time measured in continuous years, months, and days of service an employee has with Cincinnati State College.
9. The College reserves the right to abolish or freeze positions as it deems necessary.
10. In the event an employee is unable to return to work due to illness or injury certified by a physician, the employee shall not lose his/her right to a subsequent recall; however, Cincinnati State College will not be removed from obligated to hold 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. position open until the such time asthat employee is able to displace return to work.
11. Employees on layoff are not eligible for holiday pay for holidays which fall during such layoff or leave. However, if an employee is laid off on the day a less senior employee. If no employee in a previously-held classification has less seniority, then the employee seeking to displace holiday is observed he/she 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 classificationpaid holiday pay if they would otherwise have been eligible for holiday pay.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons22.01 The Parties recognize the value of a discussion, Notice When prior to laying off Employees in the Bargaining Unit. The purpose is to discuss the relevant factors related to the layoff and every effort shall be made to minimize the impact on employees. Prior to the implementation of this article, the Employer determineswill provide to the Union:
(a) a current seniority list;
(b) a list of affected classifications and Employees; and
(c) the reason and anticipated duration of the layoff.
(a) Except in the case of an unforeseen or emergent circumstance, because of lack of work, lack of funds, reorganization, the Employer will notify a Permanent Full-Time or a job abolishment that Permanent Part-Time Employee who is to last more than be laid off thirty (30) calendar days prior to the date the layoff is to occur.
(b) In the event that a layoff is necessitated by an unforeseen or emergent circumstances, the required notice shall be waived and the Employee shall receive one (1) yearday’s pay for each work day the notice period is short of the required notice.
(c) Temporary and Casual Employees shall be terminated before any regular Employee is laid off.
22.03 In determining the order of layoff all Permanent Full-Time and Permanent Part- Time Employees shall be laid off by classification, in each Xxxx, in the reverse order of seniority, provided the remaining Employees, in the opinion of the Employer, have the qualifications and ability to perform the work available.
22.04 Employees on layoff may work within their Xxxx on a casual basis in any classification for which they are qualified and will be paid at Step 1 of the classification worked.
22.05 When work becomes available, Employees on layoff is necessaryshall be recalled by Xxxx and by classification in the order of seniority, if in the opinion of the Employer they have the qualifications and ability to do the work available.
22.06 The laid off Employee shall keep the Employer informed, in writing of any change of address and their preferred method of communication (i.e., current phone number, personal email address or mailing address.)
22.07 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 a laid off in accordance with employee being recalled by contacting the Employee via 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 stated preferred method of communication (i.e., phone call, email 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) monthsregistered letter). If there the Employer is a recallunable to contact the Employee via phone or email, employees who are still on the recall list shall be recalled, in the inverse order of their layoff. Notice of recall notice shall be sent by registered letter, mailed to the employees last known address of such an employee. In the event the Employer is unable to contact the Employee by certified or registered mail. The Employer telephone, recall 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 been carried out seven (7) calendar days following the receipt after delivery of a registered letter to last known address of the Employee as shown on the Employer’s records and, if the letter is returned to the Employer, recall notice shall be deemed to notify have been carried out effective the Employer date the letter is returned to the Employer.
22.08 In the event of his intention a Notice of Recall:
(a) A laid off Employee who receives a Notice of Recall shall advise the Employer, in writing, if intending 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 noticework. If the employee does not respond The Employer must receive this within seven (7) calendar days after the employee receipt of the Notice. The Employee shall be removed available to work within ten (10) calendar days after the receipt of the Notice of Recall.
(b) An Employee who fails to respond to the Notice of Recall, as detailed above, or who refuses recall for reasons the Employer determines to be unsatisfactory, shall be deemed to have resigned from the Employer.
(c) Provided the Employee has not declined a recall list. If, upon recall, an employee must receive additional trainingnotice to return to work as provided above, the Employer right of recall shall provide and pay extend 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 period 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.twelve
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons12.01 Where the University determines to reduce the work force, Notice When the Employer determinesUniversity will lay- off Instructors in reverse order of seniority, because provided the remaining Instructors have the qualifications, skill, experience and ability to perform the work. All casual Instructors will be released from employment prior to laying off any full-time Instructors, provided that there is a full-time Instructor with the qualifications, skill, experience and ability to perform the work otherwise assigned to the casuals. All vacancies created by the release of lack casual Instructors will be made available first to full-time Instructors with the qualifications, skill, experience and ability to perform the work. Any vacancies not assigned in this process may be assigned to casual Instructors.
12.02 In the event of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessarylayoff, the Employer shall will provide at least six (6) weeks’ notice to the Union and at the same time notify the any potentially 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 occuremployee(s). Within each classification affectedfive (5) days, employees the parties will meet to discuss possible alternatives to the scheduled layoff(s). Such alternatives may include but not be limited to an offer by an Instructor to be laid off in accordance with their classification seniority place of the Instructor scheduled for the classifications affected by the layoff. The employee(s) parties may continue to meet throughout the notice period to explore alternatives to the layoff(s).
12.03 For a seniority Instructor who is laid off with the least classification amount of working notice required under the Employment Standards Act, eligibility for all benefit coverage ceases effective the date of layoff. In all other cases, a seniority as defined in Article 20 will be Instructor who is laid off firstwill remain eligible for benefit coverage for the period of time from the date of layoff, if any, required under the Employment Standards Act. Bumping or displacement will also occur in accordance with Employees shall be entitled to severance required under the employee’s seniority with the least senior employee, as defined by Article 20, laid off firstEmployment Standards Act.
Section 19.3 Recall List 12.04 Employees who are laid off shall be placed on a recall list and shall retain, but not accrue, seniority for a period of eighteen (18) months. If there is a recall, employees .
12.05 Where the University determines to recall Instructors who are still on laid off, the University will recall list shall be recalled, Instructors in the inverse order of their layoffseniority provided the Instructor has the qualifications, skill, experience and ability to perform the work. Notice of recall shall be sent by registered mail to the employees by certified or registered mail. The Employer last known address of the employee, who shall be deemed respond to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, and report 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 work within ten (710) 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 Reviewdays.
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.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When A. In the Employer determines, because event 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 affectedrecall, employees will be laid off based on total continuous Housing Department service, providing that those who remain in accordance with their the subject classification seniority for have the classifications affected by requisite ability to perform the layoffassignment. The employee(s) with the least classification seniority as defined Employees will not displace less senior employees 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 firstother departments.
Section 19.3 Recall List B. Employees who are laid off shall be placed on a have recall list rights for a period of eighteen not to exceed six (186) 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 laid off employees at their last address of record by registered or certified or registered mail. The Employer It 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 responsibility of the recall notice Employee to notify the Employer inform The Housing Department’s Personnel Office 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 noticesuch Employee’s current mailing address. If the employee Employee fails to respond within five days from the date of delivery of the notice of recall, or in the event no delivery is possible ten (10) days after mailing, and/or if such Employee does not respond agree to report to work within seven five (75) calendar days from the employee date of response, such Employee shall be removed from terminated as a voluntary quit.
C. Upon return to work, a layoff shall be treated as a leave of absence for determining seniority, salary, fringe benefits and other conditions of employment.
D. The Housing Department shall recall the recall listEmployee to a vacant position in the Employee’s previous classification or in the next lower level of the classification sequence. IfSuch work shall be considered comparable to their previous positions and a refusal of such an employment offer shall terminate an Employee’s seniority, 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 employment 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 classificationHousing Department.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 1: The word "layoff" means a reduction in the Employer determines, because work force due to a decrease of lack of work, work or 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 2: If it becomes necessary for a layoff, the following shall determine in which classification(s) layoffs will occur. Within each classification affected, apply:
A. Temporary employees will shall be laid off first followed by probationary employees.
B. Non‐probationary employees shall be laid off in accordance reverse order of seniority. An exception shall be if an employee with their classification greater seniority for is not capable of performing the classifications affected by duties of the layoff. The employee(sposition, after normal instruction, in a twenty (20) 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 firstwork day trial period.
Section 19.3 Recall List C. Employees who are laid off shall remain on the seniority list and will be placed on a eligible for recall list for two (2) years. Individuals who are recalled for a classification other than the one which he/she occupied at layoff must demonstrate that he/she meets the minimum qualifications for the new classification based on the job description for the recall classification.
Section 3: An employee to be laid off for an indefinite 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 time 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 at least fourteen (14) calendar days following the receipt written notice of the recall notice in which layoff.
Section 4: When the work force is to report for dutybe increased after a layoff, unless a different date for returning to work is otherwise specified an employee(s) shall be recalled in the noticereverse order of layoff, provided the employee(s) recalled is able to perform the available work.
Section 5: A notice of recall will be made by both certified mail and first class mail to the employee's address that is on file with the Human Resource Department. If the laid off employee does not respond to the Director of the Human Resource Department within seven (7) calendar business days of the employee shall be removed from date of the recall list. If, upon recall, an employee must receive additional training, return of the Employer shall provide and pay for signed certified receipt or if 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 trainingcertified mail is returned undeliverable, the employee may will be removed without recourse considered to the grievance procedure or the State Personnel Board of Reviewhave voluntarily quit.
Section 19.4 Bumping Bumping rights 6: The Union Chapter Chair shall receive, from the Administration, a list of the employee(s) being laid off on the same date the notices are issued to the employee(s).
Section 7: The Union Chapter Chair, in the event of a layoff, 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 continued at work regardless 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 his/her position on the recall seniority list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationprovided he/she can perform satisfactorily the work available.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons12.1 : In the event of a layoff involving positions within the bargaining unit, Notice the University may serve written notice of the layoff either by email to the employee’s University email address or by hand-delivery, with a copy to the Union President. The University will provide up to thirty (30) but no less than fourteen (14) days’ written notice. The date that the notice is hand-delivered or the date the letter is emailed shall be the first day of the layoff notice period. The notice shall include information consistent with this Article regarding recall and bumping rights. At the same time, the University will provide a seniority list to the President of the Association.
12.2 : The University shall layoff bargaining unit employees by affected college or non-academic unit in the following order: temporary (generally, less than four (4) month assignment) bargaining unit employees, part-time bargaining unit employees and then full-time bargaining unit employees. A bargaining unit employee holding an interim appointment shall be permitted to retain that interim appointment to its completion but shall then be laid off.
12.3 : In the event two or more members of the bargaining unit hold the same position (i.e., position title and pay grade) within the same college or non-academic unit, and fewer than the total number are to be laid off, layoffs will be determined by reverse bargaining unit seniority. When two or more individuals have the Employer determinessame effective date of appointment in the bargaining unit, because the order of lack layoff will be determined as follows:
A) A tie will be broken by giving credit for all full-time employment or FTE employment with the University.
B) If a tie is not broken by the foregoing procedure, the employee(s) selected for layoff will be decided by the lowest overall evaluation score provided the evaluation has been conducted within the past two years.
C) In the event a tie is not broken by the foregoing procedures, it will be broken by the last four digits of workthe Social Security Number. The employee whose last four digits are higher shall be treated as more senior.
12.4 : Within five (5) working days of receipt of a notice of xxxxxx, lack a bargaining unit employee, who wishes to exercise their displacement (bumping) rights, must submit a written request to the Chief Human Resources Officer advising them of funds, reorganizationthe employee’s intent to displace. The Chief Human Resources Officer, or designee, will identify the bargaining unit employee, if any, who works within the same Division, who has the least University service, who holds a job abolishment position in the same or lower pay grade than the laid off employee, and holds a position the laid off employee is qualified for and able to perform the functions and duties. Within ten working days of receipt of the employee’s notice of displacement, a meeting will be scheduled with the affected employee, a union representative(s) and an employer representative(s) to discuss the employee’s displacement option(s) and qualifications. When an employee moves into another position title, the employee will have sixty days to become oriented to the new position and perform satisfactorily in the position. This time period may be extended in thirty-day increments by mutual agreement of the Union and the Employer. Each member of the bargaining unit who displaces into a lower position title and pay grade as a result of layoff and/or bumping shall be placed in the same relative position in their new pay grade as the employee held in their old pay grade. For example, if a full-time employee was in a position assigned to A2 and was earning twenty five percent (25%) more than the minimum rate prior to his or her demotion to a full-time position assigned to A1, after such demotion the employee would earn twenty five percent more than the minimum rate for A1.
12.5 : Bargaining unit members who were displaced or laid off will be placed on recall status for two calendar years following displacement or layoff. This means that if the position from which a bargaining unit member was displaced or laid off is to last be filled within two years following displacement or layoff, the bargaining unit member displaced or laid off will be offered that position according to bargaining unit seniority. If more than one bargaining unit member has been displaced or laid off from the same position (1i.e., position title and pay grade) yearwithin a same college or non-academic unit, a recall will occur in the reverse order of displacement or layoff is necessary(i.e., 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 layoffslast laid off, first recalled).
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. 12.6 : If there is a recall, employees who are still on the recall list shall vacant YSU-APAS bargaining unit position that is to be recalled, filled elsewhere in the inverse order University within two years of their layoff. Notice the date the individual was laid off, and if the individual who was laid off has the established minimum qualifications for the position to be filled, the individual who was laid off will be granted first consideration for the position, provided the bargaining unit member applies for the position via the University’s applicant tracking system during the announced posting period.
12.7 : For purposes of recall shall Article 12, seniority will 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 mailbroken when a bargaining unit member retires, return receipt requestedresigns, to the last mailing address provided becomes employed by the employee. Employees shall be responsible University in a non-bargaining unit position, is discharged for keeping just cause or otherwise leaves the Office notified, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt employment of the recall notice University. Time spent in inactive pay status (unpaid leave) will not constitute a break in seniority. Seniority shall continue to notify accrue during 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, period an employee must receive additional trainingis receiving workers' compensation benefits, 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 is on military leave or the State Personnel Board of Reviewis on recall status following layoff.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons1. If the Board, Notice When in its sole discretion, determines it is necessary to reduce the Employer determines, number of employees in a job classification because of abolishment of positions, lack of funds or lack of work, lack the following procedures shall govern such lay-off. Part-time, substitute, seasonal and casual employees may be laid off for the reasons set forth above, but are not subject to the provisions of fundsparagraphs 2-10 below.
2. The number of employees affected by reduction in force will be kept to a minimum by not employing replacements in so far as practical for employees who resign, reorganization, retire or otherwise vacate a job abolishment that is position.
3. Prior to last more than one (1) year, the Board implementing a layoff is necessaryreduction in force, the Employer Union, upon written request to the Superintendent, may meet with the Board to discuss such reduction.
4. Whenever it is necessary to lay off full-time employees for reasons set forth above, employees shall notify be laid off in the order of seniority in the affected classification with the least senior employee within the classification laid off first. For purposes of this Article, seniority shall be determined by the employees' original date of hire with the Board regardless of classification.
5. The job classifications to be used in the event of a lay-off are those set forth on the pay schedule. The Board shall determine in which classification any lay-off shall occur and the number of employees twenty-one (21) calendar to be laid off. Probationary employees shall be laid off before permanent employees.
6. Ten working days in advance of prior to the effective date of any layoff, the layoff Superintendent, or job abolishmenthis designee, shall prepare and post for inspection, in a conspicuous place, a list containing the names, seniority dates and classification, and indicate which employees are to be laid off. It is understood Each employee laid off shall be given ten (10) days advance written notice of layoff, with a statement advising the employee of their displacement and agreed that no provisions of Civil Service Law or rules shall apply to layoffsreinstatement rights, if any.
Section 19.2 Classifications 7. An employee in one classification may not displace an employee in another classification.
8. The Employer Superintendent shall determine prepare a reinstatement list for any classification in which classification(s) layoffs will occura lay-off occurs. 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 pursuant to this Article 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, recalled in the inverse order of their layoff. Notice of recall shall be sent seniority to positions within 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 classification 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 they were employed when laid off. Employees displaced Permanent employees shall be placed on the recall listreinstated before probationary employees.
9. An employee who is displaced may take a voluntary layofflaid off shall remain on the recall list for the same period of time in which he was employed in the affected classification, when layoffs occur rather than displace to a lower classification.however, such period of time shall not exceed twenty-four (24) months. (e.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 16.01 If the Employer determines, Administration determines it is necessary to reduce the number of employees in a job classification because of abolishment of position, lack of work, or lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer following procedure 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 layoffsprevail.
Section 19.2 Classifications 16.02 The Employer shall determine number of persons affected by a reduction in which classification(s) layoffs force will occur. Within each classification affectedbe kept to a minimum insofar as possible by not employing replacements for employees who retire, resign, pass away, etc.
16.03 When it is necessary to layoff employees, for reasons set forth above, employees will in the classification of layoff, shall 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 reverse order of seniority with the least senior employee, as defined by Article 20, employees laid off first. Authorized leaves of absence do not constitute an interruption in continuous service, however, time spent on an unpaid leave per Artcicle IX, Sections 9.01 and 9.09 shall not count in computing seniority.
Section 19.3 Recall List Employees 16.04 The following classifications shall be used in the event of a layoff: Custodial Cafeteria Bus Drivers Mechanics Secretarial Maintenance Educational Aides Non-educational Aides/Monitors Bargaining Unit members only affected by a reduction in force will have the opportunity to displace any least senior employee within their classification by district seniority. Those Bargaining Unit members who are cannot bump within their classification may then bump any least senior employee in a classification that they previously held a contracted position according to district seniority. No re-training will be needed.
16.05 The Administration shall determine in which classification any layoff shall occur and the number of employees to be laid off. Limited contract and governmental program employees and seasonal or casual employees shall be laid off before any regular employee.
16.06 Employees laid off pursuant to this Article shall be placed on a recall list for a period recalled in order of eighteen (18) monthsseniority to positions within the classification. If there is a recall, Regular employees who are still shall be reinstated before any limited contract or governmental program employees or seasonal or casual employee.
16.07 A laid off employee shall remain on the recall list shall be recalledfor two (2) years unless he/she waives his/her recall rights in writing, resigns, fails to accept recall to a position in the inverse order of their layoff. Notice his/her classification, or fails to report to work within ten (10) working days after a written 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 employee’s 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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsX. Xxxxxx shall be defined as a reduction in the work force. The Union may request to meet to discuss proposed reductions and the various means to that end.
1. In the event of a reduction in the work force the employer shall lay off employees in the following order:
A. Probationary
B. Least seniored Such layoffs would be contingent upon there being qualified employees remaining to do the necessary work
2. In the event of a reduction of hours in a classification, Notice When an employee may claim seniority over a less senior employee in that classification for the Employer determinespurpose of maintaining his/her customary work schedule. A thirty (30) day period of time will be allowed for the individual to acquire the necessary skills or qualifications. If the individual chooses not to acquire the necessary skills, because that individual may either bump a less seniored employee whose position he/she is qualified for or accept layoff.
3. There will be a thirty (30) day notification before the layoff becomes effective.
C. Employees shall be entitled to recall for a period of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one two (12) year, a layoff is necessary, the Employer shall notify the affected employees twenty-one (21) calendar days in advance of years from the effective date of the layoff or job abolishmentlayoff. 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 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, recalled in the inverse order of their layofflayoff to vacancies for which they are qualified. Notice Notices of recall shall be sent by certified mail to the employees by certified or registered mailemployee's last known address on file with the District. The Employer notice of recall shall be deemed state the time and date on which the employee is to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, report to the last mailing address provided by the employeework. 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 who fail to respond to the receipt of the a recall notice to notify the Employer of his intention to return to work and shall have fourteen within five (145) calendar business 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 considered terminated 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 Agreementemployment. 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 declining recall shall forfeit any further entitlement 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 classificationemployment.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the 32.1 The Employer determines, because of may layoff employees for lack of work, work or lack of funds, reorganization, or a job abolishment that is . The Employer will provide fourteen (14) days notification to last more than one (1) year, a layoff is necessary, the Employer shall notify the affected those 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 layoffsaffected.
Section 19.2 Classifications 32.2 The Employer least senior employee(s) shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will be laid off in accordance with their classification seniority total seniority. “Total seniority” for purposes of layoff shall be the classifications affected by the layoff. The employee(s) employee’s length of continuous full-time employment with the least classification seniority as defined in Article 20 Fostoria Fire Department since the employee’s most recent date of hire.
Section 32.3 All newly-hired probationary employees within the Fire Department 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, before any regular full-time employees are laid off firstoff.
Section 19.3 Recall List 32.4 Employees who are laid off shall be placed on a recall list for a period of eighteen three (183) monthsyears from the effective date of the layoff. If there is a recall, employees who are still on the recall list shall be recalled, in recalled with the inverse order of their layoff. most senior qualified employee being recalled first to the available opening.
Section 32.5 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 employee both by registered mail, return receipt requested, requested and by regular mail. Such notices shall be directed to the last mailing address provided by the employee. Employees The Employer shall be responsible for keeping provide the Office notified, in writing, Union with copies of any changes in his address. The all such recall notices.
Section 32.6 A recalled employee shall have seven ten (710) calendar days following the receipt date of mailing of the recall notice to notify the Employer of his intention the employee’s intent to return to work work, and shall have fourteen return to work within twenty-one (1421) calendar days following the receipt mailing of the recall notice in which to report for duty, unless a different later date for returning to work is otherwise specified in the notice. If An employee failing to meet the above deadlines will be considered no longer interested in the position and will be terminated from employment with the City.
Section 32.7 An employee who is recalled within three hundred sixty five (365) days, or less, from layoff shall retain seniority and all benefits as if the employee does not respond within seven (7) calendar days the had no break in continuous service. Any employee shall be removed from the recall list. Ifwho is on probation, upon recallwho is laid off, 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 Employertheir remaining probationary period. If the The hire date for any employee fails to complete the training, the laid off for more than three hundred sixty-five (365) days shall reflect actual time served.
Section 32.8 Before any bargaining unit employee may be removed without recourse to the grievance procedure or the State Personnel Board of Review.
Section 19.4 Bumping Bumping rights laid off, all part-time and full-time civilian employees performing work by bargaining unit employees 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 first 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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsWhere it becomes necessary to reduce the workforce the most senior seniority Employee(s) within the job, Notice Classification and Department affected can volunteer to be laid-off, provided the remaining Employee(s) are qualified by virtue of skill and ability to perform the work required. In the event of a layoff or the discontinuance of a job for a Full-time Employee, the Employee affected shall exercise his/her seniority by bumping in the following sequence after all Part-time and Probationary Employees have been released, subject to Article 22.04:
1. Within his/her bid Job;
2. Within his/her Classification;
3. Within his/her Seniority group (i.e. Plant or Maintenance);
4. Between Seniority groups (i.e. From Plant to Maintenance and vice versa). Bumping from one job to another will only occur when the displaced Employee possesses the required skills and qualifications to perform the job at the time of the bump. When increasing the Employer determineswork force after a layoff, because Employees will be recalled in order of lack seniority provided that the resulting work force has the required skill and ability to perform the available work. A Full-time Employee who has elected Part-time layoff must accept a recall to Full-time work. Failure to do so will result in the Employee’s termination. In the event of a layoff affecting Full-time Employees, the Employees so affected shall have the option of:
1) accepting transfer to Part-time status; or
2) being placed on layoff status In either case, such Employees will be subject to recall to Full-time employment as above. Employees who elect a transfer to Part-time status as above will be employed on a day to day basis prior to any remaining Part-time Employees to perform such scheduled or call-in work as arises prior to their recall to Full-time work. An Employee recalled from layoff must report for work within three (3) working days after notification to return has been given personally, lack of funds, reorganizationby telephone, or failing this, sent by registered mail to the last address given to the Company by the Employee. The Employee is solely responsible for providing the Company with their proper address and telephone number. Nothing shall prevent the Company from engaging a Part-time Employee until the Full-time Employee has reported for duty. Nothing in this Article shall prevent the Company from using Part-time Employees to cover off for vacations, sickness, or absences of any kind, when Full-time Employees have elected to be placed on layoff status or a Full-time Employee who has accepted a transfer to Part-time status does not possess the required skills and qualifications to perform the job abolishment that or is to last more than not available. The employment relationship shall end where an Employee has been on lay-off beyond one (1) year. Any Employee who has been absent to eighteen (18) months because of sickness or injury shall relinquish his/ her classification but retain his/her seniority. On his/her return to work he/she may be entitled to exercise his/ her seniority to displace the Junior Employee in his/her seniority group. In order to avert or minimize the adverse effects of a potential layoff, 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 Management will continue 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 assign Employees to work commensurate with their classification seniority skills and qualifications elsewhere in the bargaining unit when there is no work available for the classifications affected by the layoffsuch an Employee within their bid job. The employee(s) Leave without pay may be granted to any Full-time Employee duly authorized to represent Employees in order to accept a position 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 Union for a period of eighteen up to one (181) monthsyear. If there is a recall, employees who are still on the recall list shall Such leave and any additional yearly periods may 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 granted 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 Company on receipt of a written request from the recall notice to notify Union. Should the Employer of his intention to Employee return to work before or at the expiration of such leave of absence he/she shall fill any available vacancy in the Department in which he/she had been employed at the time of granting of leave of absence, or, if there is no such vacancy available at the expiration of such leave of absence, he/she shall replace the Junior Employee in the Department concerned. The returning Employee shall not be permitted to exercise his/her seniority rights for bidding purposes for a period of one
(1) year following his/her return to work. All insurance plans and shall have fourteen (14) calendar days following other benefits will be canceled during such leave of absence but will be reinstated immediately upon the receipt return to work of the recall notice Employee within the period of one (1) year.
a) In the event that it is necessary to transfer an Employee, on a temporary basis to another seniority group, the Junior Employee shall be transferred, provided he/she is available and able to do the work required, and provided there is someone in which his/her seniority group who can take his/her place.
b) Where possible, temporary vacancies will be filled by laid-off, regular Full-time Employees. These work requirements will be assigned on a seniority basis provided the laid-off Employee possesses the necessary immediate ability, qualifications and skills to report for duty, unless a different date for returning to work is otherwise specified do the work.
25:02 Disability resulting from an accident while engaged in the noticework of the Company shall not be sufficient cause for dismissal. Upon recovery, the disabled Employee shall return to his/her former position provided he/she is capable of performing the duties of that position. If the employee does not respond within seven (7) calendar days the employee disabled Employee is found to be incapable of performing his/her former duties, he/ she shall thereupon, whenever reasonably possible, be transferred to work commensurate with, and suitable to his/her physical condition, and shall be removed from paid upon the recall list. If, upon recall, an employee must receive additional training, same basis as other Employees who are doing 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 work that he/she is then capable of Reviewdoing.
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.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
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
.01 The Company shall notify the Association a minimum of sixty (60) Calendar Days prior to a notice of layoff being issued.
.02 Prior to any layoffs, all surplus Positions shall be first dealt with through attrition, LOA and/or SLOA programs, and any other mitigation programs that may be agreed to between the parties. The Company and Association shall, within fifteen (15) days of .01 above issue a memo to the Pilots outlining any agreed upon mitigation strategies. Possible mitigation strategies could include, but are not limited to:
a) Reduce Maximum Monthly Blocks
b) Voluntary severance options
c) Reduced Time Blocks (RTB)
d) Extended Charter Operations (ECO)
e) Early Retirement Incentives
f) Company/ALPA Organized Pilot Placement Program
g) Unpaid Vacation
h) Government Assistance Programs (i.e. EI Supplement)
.03 At least sixty (60) Calendar Days prior to a layoff the Company shall issue a Reduction Bulletin to all Pilots, advising the requirement for a layoff, the number of Positions being reduced, the affected employees twenty-one (21Base(s) calendar days in advance of and the effective scheduled date of the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffslayoff.
Section 19.2 Classifications .04 Pilot layoffs shall occur in reverse order of system seniority.
.05 The Employer Company shall determine in which classification(sprovide written notice to a Pilot at least thirty (30) layoffs will occur. Within each classification affected, employees will Calendar Days prior to his being laid off.
.06 Any Pilot to be laid off in accordance with their classification seniority for off, and whose instrument rating is due to expire within ninety (90) days from the classifications affected by date of layoff, shall have the layoff. The employee(s) with the least classification seniority as defined in Article 20 will be opportunity to renew his instrument rating prior to his layoff date.
.07 Prior to being laid off first. Bumping a Pilot may take outstanding Vacation and/or Statutory holidays in lieu of or displacement will also occur in accordance with the employee’s seniority with the least senior employee, as defined by Article 20, laid off firstpart of his layoff.
Section 19.3 Recall List Employees .08 A Pilot who are is laid off shall be placed on a recall list for a period have the option 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 choosing to maintain all or any benefits normally covered by payroll deduction at Pilot expense subject to the employees by certified or registered mail. The Employer terms and conditions of the Benefit Plans.
.09 A Pilot who is laid off shall be deemed to have fulfilled its obligation by mailing file his address with the recall notice by registered mailDirector, return receipt requestedFlight Operations and shall thereafter promptly advise the Director, to the last mailing address provided by the employee. Employees shall be responsible for keeping the Office notified, in writing, Flight Operations of any changes change in his address. The recalled employee Director, Flight Operations shall have seven (7) calendar days following forward the receipt address or change of the recall notice address to notify the Employer Human Resources department to be placed in his personal file.
.10 A Pilot affected by a reduction in force who must displace to another Base to maintain employment may, at his option, take an early layoff at his Base in lieu of his intention to return displacing a more junior Pilot who continues to work and shall have fourteen at another Base.
.11 After ten (1410) calendar days following years of uninterrupted layoff a Pilot’s employment with 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 Company shall be removed from terminated automatically unless otherwise mutually agreed upon between the recall listCompany and the Association. 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 Any Pilot on layoff in excess of five (5) uninterrupted Years may be required to complete the training in serve a timely fashion established by the Employer. If the employee fails six (6) month Probationary Period upon recall to complete the training, the employee may be removed without recourse to the grievance procedure or the State Personnel Board of Reviewservice.
Section 19.4 Bumping Bumping rights will be extended to .12 Notwithstanding the employee under this Agreement. Employees may bump or displace employees notice requirements 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.01, 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..02
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 10.01 When the Employer determines, because of lack of work, lack of funds, reorganization, or it becomes necessary to lay-off employees in a job abolishment that classification, probationary employees will be laid off first. If after the lay-off of probationary employees a further lay-off is necessary then employees who were transferred and have not attained job seniority on such job will be transferred back to the job where they last more than one (1) year, held job seniority. If a layoff further lay-off 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, necessary then seniority employees will be laid off in accordance with their classification seniority for as follows:
a) An employee who was not transferred into the classifications affected by the layoff. The employee(s) job will displace an employee with the least classification and lesser 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 employeesuch job classification, 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 failing 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 Reviewlaid off.
Section 19.4 Bumping Bumping rights will be extended to b) An employee who was transferred into the employee under this Agreement. Employees may bump or job and has job seniority on such job shall displace employees in other classifications so long as with the employee previously worked least seniority in the classification or assignment and displaces following order:
1. displace an employee with less seniorityseniority on such job, failing which
2. Employees from other bargaining units not covered by this Agreement, and other employees of displace an employee with less seniority on job which 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 senior employee has "qualified experience" failing which 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 .
10.02 An employee on lay-off and who has recall rights shall be placed on recalled to vacancies by the recall listapplication of the reverse procedure as set forth heretofore in clause 10.01.
10.03 Notwithstanding the procedure in clause 10.01 and 10.02 herewith the "Board" and the "Union" may by mutual agreement permit an employee who would displace an employee with the least seniority to displace an employee with lesser seniority.
10.04 In all cases of termination of employment, excepting surplus help lay-off, an employee shall lose seniority and/or service credit, and if and when rehired such shall not be credited to the employee. An employee who is displaced may take classed as a voluntary layoffprobationary employee, on date of lay off shall not if/and when layoffs occur rather than displace rehired be credited with any service credit. A seniority employee on date of surplus help lay-off will if rehired during the period of recall rights be credited with the amount of seniority held on date of lay-off.
10.05 When it becomes necessary to lay-off an employee or eliminate a lower classificationposition the employee will be given thirty (30) days prior notice to the date of lay-off. An employee desiring to leave shall likewise give similar notice.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons11.1 Layoff is a reduction in the work force, Notice When the Employer determines, because exclusive 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 layoffssummer recess.
Section 19.2 Classifications The Employer 11.2 Employees shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will be laid off by classification and in accordance with inverse order of 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, employee on the seniority list within the classification being laid off firstfirst (provided the more senior employee is qualified to perform the duties of the position).
Section 19.3 Recall List 11.3 Displaced employees or employees whose hours are reduced may bump any less senior employee in any classification where classification seniority has been accrued, provided that the employee meets all of the qualifications required in the position held by the less senior employee. Employees who are laid off bumped shall be placed receive seven (7) calendar days' notice. Under no circumstances shall this notice requirement result in two (2) employees working the same position at the same time.
11.4 Employees shall receive fifteen (15) calendar days' notice of layoff. Acts of God shall eliminate the notice requirement.
11.5 Employees on a recall layoff shall remain on the seniority list for a period maximum of eighteen three (183) months. If there is a recall, employees who are still on years or for the recall list shall be recalled, in the inverse order length of their layoffseniority, whichever is less.
11.6 When recalling laid off employees, they will be recalled according to seniority within their classification. Notice of recall shall be sent to the employees employee at his/her last known address by registered or 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 A recalled employee shall have seven forty-eight (748) calendar days following the receipt of the recall notice hours to notify the Employer administration of his intention his/her intent 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 noticework. If the recalled employee does not respond within seven fails to report to work in fifteen (715) calendar days days, he/she shall be considered a quit, except that he/she may notify the Superintendent within the forty-eight (48) hour notification prior to make other mutually satisfactory arrangements.
11.7 No employee shall be removed from forced to accept recall to a classification or hours lower than that which was held prior to 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 certificationlayoff. 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 remain on the recall list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace layoff list and shall continue to a lower classificationbe eligible for recall.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 (Subject to last more than one (1) year, a layoff is necessaryimplementation instructions, the Employer shall notify following clauses will appear in all collective agreements replacing any provisions related to Layoff and Recall that existed in the affected employees twentyHospital's expiring collective agreement:) NOTE: Article 11 applies to Full-one (21) calendar days in advance of the effective date of the layoff or job abolishment. It is understood Time and agreed that no provisions of Civil Service Law or rules shall apply to layoffsRegular Part-Time Employees only.
Section 19.2 Classifications The Employer shall determine 11.01 In the event of a proposed layoff at the Hospital of a permanent or long term (in which classification(sexcess of 13 weeks) nature, the Hospital will:
(a) provide the Union with no less than 30 calendar days' notice of long-term layoffs and no less than 5 months' notice of permanent layoff;
(b) meet with the Union through the Labour Management Committee to review the following:
(i) the reason causing the layoff
(ii) the service the Hospital will occur. Within each classification affected, undertake after the layoff
(iii) the method of implementation including the areas of cut-back and employees will to be laid off
(iv) ways the Hospital can assist employees to find alternate employment.
11.02 Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementation will take precedence over the terms of layoff in this Agreement.
11.03 In the event of layoff, the Hospital shall lay off employees in accordance with the reverse order of their classification seniority for within their classification, providing that those employees who remain on the classifications affected by job have the qualifications and ability to perform the work. Employees shall be entitled to 3 months' notice of permanent layoff. The employee(s) with In the least classification seniority as defined in Article 20 will event of a long-term layoff, the employee shall be laid off first. Bumping or displacement will also occur entitled to notice in accordance with the employee’s seniority with provisions of the least senior employeeEmployment Standards Act. It is agreed and understood that Regulation 327, as defined by Section 7, of the Employment Standard Act applies. It is further agreed that notice to both the Union and the employees may run concurrently. Note: For purposes of layoff under Article 2011, laid off firstthe clinical laboratory department would include the sub-disciplines of laboratory medicine. For purposes of layoff under this Article, a discipline is a service function within a department.
Section 19.3 Recall List Employees (1) An employee who are laid off is subject to permanent or long term layoff shall have the following entitlements:
(a) accept the layoff and be placed on a recall list for a period of eighteen twenty-four (1824) 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 ; or
(7b) 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 displace an employee who has lesser bargaining unit seniority and who is the grievance procedure least senior employee within her classification, identical paying classification, or the State Personnel Board of Review.
Section 19.4 Bumping Bumping rights will be extended to lower paying classification in her discipline or department, if the employee under this Agreement. Employees may bump or displace employees in other classifications so long as originally subject to layoff can perform 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 duties 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 least senior 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 within her classification, and the next most recentidentical paying classification, etc. until the employee is able to displace a less senior employee. If no employee or lower paying classification 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 her discipline or department without training other than displace to a lower classificationorientation.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 1. Layoff shall be defined as a reduction in the size of the work force beyond normal attrition.
Section 2. When the Employer determines, because of lack of work, lack of funds, reorganization, or a job abolishment employer determines that is to last more than one (1) year, a layoff is layoffs are 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.following procedures will be followed:
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur. a. Within each classification affectedbeing reduced, probationary 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 laid-off, and then non-probationary employees 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, released in the inverse order of seniority.
b. Employees released pursuant to Paragraph A will, to the extent their layoffseniority permits, bump the least senior employees within their respective groups for whose jobs they are qualified. Notice Probationary employees who are bumped will be laid-off. Non- probationary employees who are bumped will, to the extent their seniority allows, bump the least senior employees within their groups for whose jobs they are qualified.
c. Employees without a position after the above procedure has been exhausted will be laid-off. Laid-off employees may continue their medical benefits coverage at their own expense as required by and pursuant to law and/or the rules and regulations of the carriers.
Section 3. Employees to be laid-off pursuant to the above procedure will be given notice at least twenty (20) working days prior to the effective dates of their layoffs.
Section 4. Non-probationary laid-off employees shall, upon written application, be granted priority status on the substitute list according to their seniority.
a. Non-probationary laid-off employees will be recalled in reverse order of their layoffs to any position for which they are qualified.
b. In no case will a new employee be employed by the Employer while there are laid- off employees who are qualified for a vacant or newly created bargaining unit position and who are eligible for recall pursuant to this Agreement. Vacancies will be filled by the Article 8 procedures prior to the recall of employees.
Section 6. Notices of recall shall be sent by certified mail to the employees by certified or registered maillast known address as shown on the Employer's records. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee's responsibility to keep the Employer notified as to his/her current mailing address. A recalled employee shall be given ten (l0) working days from the date the notice is postmarked to notify the Employer in writing of his/her intent to return to work. An employee recalled to equivalent hours of work for which he/she is qualified is obliged to take such work. An employee who declines recall to perform equivalent hours of work for which he/she is qualified shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, voluntarily quit. Equivalent hours of work is deemed to the last mailing address provided by be within two and one-half (2 1/2) hours of the employee. Employees shall be responsible for keeping the Office notified, in writing, 's former weekly hours 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 Reviewwork.
Section 19.4 Bumping Bumping rights will be extended to the employee under this Agreement7. 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 on layoff shall retain their seniority for purposes of the Sheriff’s Office who previously worked in recall for 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.period of two
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When (a) In the Employer determines, because event of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessarylayoff, 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 following procedure will occur. Within each classification affected, be followed: - Probationary employees will be laid off first; then, - Employees in accordance with the reverse order of their classification seniority bargaining unit-wide seniority. It is understood that the remaining employees as outlined above must have the ability to perform the normal requirements of the remaining jobs.
(b) A senior employee may offer to take the place of a junior employee subject to layoff. There is no onus for the classifications Employer to provide notification to any employee other than those employees affected by the layoff. .
13.02 The employee(s) with the least classification seniority as defined in Article 20 will Employer shall notify employees who are to 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 prior to the receipt effective date 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 layoff, or award pay in which to report for dutylieu thereof, unless a different date for returning to work greater period of notice is otherwise specified required by legislation, in the noticewhich case such greater period of notice or pay in lieu thereof shall be given. If the employee does not respond within possible to give seven (7) calendar days notice, as much advance notice will be given as is possible. The above will not apply to the employee junior four (4) employees.
13.03 Employees shall have bumping rights in accordance with their seniority. e.g., senior employees whose job is not functioning would have the right to displace junior employees in the same Department first, then bargaining unit, provided they have the skills and qualification.
13.04 Employees shall be removed from recalled in the recall listorder of their Bargaining Unit seniority, then in their Department where jobs become available, provided they have the ability to perform such jobs following a reasonable trial or training period. If, upon recall, an employee must receive additional training, the The Employer shall provide and pay for give notice of recall by registered mail to the training required to maintain his certificationlast recorded address of the employee. The employee shall be required to complete keep the training in Employer advised at all times of 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 Reviewcurrent address.
Section 19.4 Bumping Bumping 13.05 No new employee shall be hired until those laid off have been given the opportunity of recall. Laid off employees who wish to be notified of job vacancies other than those to which they have recall rights may signify their desire in writing prior to layoff and shall be entitled to apply for such jobs.
13.06 The Employer agrees to give any employee who requests training on a different job an opportunity to be cross-trained. This training 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 classificationemployee’s own time.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. In the event of a layoff, that employee within the particular department and within the particular occupation affected, who has the least seniority as defined in Section 19.1 Reasons1, Notice When paragraph (a) above, will be laid off, provided the Employer determinesremaining employees in such department and occupation have the skill and ability to perform the required work of such occupation in a satisfactory manner without training or extra supervision. If a job opening occurs in an occupation within a particular department from which one or more employees have been laid off pursuant to the foregoing provision of this Section, because then such employee with the then greatest seniority shall be recalled to such job provided he or she has the skill and ability to perform the job efficiently without any training or extra supervision. Employees of lack Dartmouth Dining Association covered by this Agreement shall be afforded an opportunity to apply for work in other departments during shut down periods in accordance with the following procedure. At least three (3) weeks prior to the shut down interested employees may apply at the Dining Hall Office by completing a form provided by the Employment Office indicating their availability for work during the shut down and the type of work for which they are qualified. The Employment Office will contact other departments to determine if work is available. Employees who have signed up by the deadline will be notified regarding positions, hours of work, lack job requirements and rate of fundspay for any positions available. Positions will be assigned on a seniority basis for all individuals who file forms at least three weeks prior to the shut down. In order to insure that the College can maintain proper staffing levels, reorganizationemployees who apply for and accept shut down work must perform the job assigned unless excused by the College for good reason. Other work which may become available during shut down will be assigned to qualified employees on a “first come first served” basis, or a job abolishment that is to last more than one (1) year, a layoff is necessaryhowever, the Employer parties recognize that employees have an obligation to continue to make their availability known to the Employment Office should they wish a work assignment during any shut down. These shut down provisions provide for a procedure for employees to apply to work during shut downs but are not a guarantee that work will be available. The College reserves the right to reject any one who is not qualified for any temporary position. Wages for work performed during shut down as described in this article shall notify be at the affected employees twenty-one (21) calendar days in advance rate of the effective date of job to which the layoff or job abolishmentemployee is temporarily assigned. 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, temporary 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 subject to the same attendance and disciplinary policies as regular 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 when performing 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 Reviewtemporary assignment.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 21.1. The Employer has the Employer determines, because discretion to determine the necessity for and implementation of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff in the work force. If such is deemed necessary, it will be administered according to seniority within the Employer shall notify job classification affected. All temporary, part-time and probationary employees working in the affected employees twentyclassification will be laid off prior to the termination of a non-one probationary employees. Except in cases of emergency, written notice of layoff will be given at least fourteen (2114) 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 layoffslayoff.
Section 19.2 Classifications The Employer shall determine in 21.2. If an employee is designated for layoff, he/she may be eligible to exercise
A. Position has an equal or lower pay classification than that held by the employee who is exercising seniority rights to "bump".
B. Employee exercising these rights must be fully qualified to perform the duties of such position.
C. Position is held by a less senior employee. If more than one position meets the above conditions, the laid off employee has "bumping" rights only to the position which classification(s) layoffs will occuroffer the most favorable pay situation. Within each classification affectedIf more than one position is determined to offer a "most favorable" pay situation, employees the laid off employee will be laid off in accordance with their classification seniority for entitled to the classifications affected position held 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 21.3. An employee to be recalled from a layoff 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, so notified as far in the inverse order of their layoff. Notice of recall shall be sent to the employees advance as possible 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, mailed to his last address as shown on the last mailing address provided by the employeeEmployer's record. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his address. The Any employee so recalled employee shall have seven (7) calendar days following the receipt of the recall notice to notify the Employer of his intention to must 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) consecutive calendar days after receiving such notice, or at the time and date indicated in the notice, whichever is later. Any employee failing to do so shall automatically lose his/her seniority rights and shall be terminated. An employee shall be removed considered as having received notice of the recall as of the date such notice is delivered to his last known address. It is the employee's responsibility to keep the Employer informed of his current address and phone number. Employees on layoff shall be recalled in order of their seniority, prior to hiring of new employees in their affected classification. Employees will not be eligible for recall after they have been in layoff status for more than eighteen (18) months from the date of layoff. Probationary, part- time and seasonal employees have no 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 Reviewrights.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 1. When the Employer determines, because of lack of work, lack of funds, reorganization, determines that a long term layoff or a job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer except in emergency situations, it shall notify the affected effected employees twenty-one fourteen (2114) calendar days in advance of the effective date of the layoff or job abolishment. It is understood and agreed that no provisions The Employer, upon request from the Union, agrees to discuss with representatives of Civil Service Law or rules shall apply to layoffsthe Union the impact of the layoff on bargaining unit employees.
Section 19.2 Classifications 2. The Employer shall determine in which classification(s) and which work section(s) layoffs will occur. Within each classification affected, employees will be laid off in accordance with their classification seniority for and their ability to perform the classifications affected by remaining work available without further training. When two or more employees have relatively equal experience, skill, ability and qualifications to do the layoff. The work without further training, 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 3. Any bargaining unit employee receiving notice of layoff shall have up to two (2) work days following receipt in which to exercise his right to bump any less senior employee within the same classification series provided the more senior employee does possess the skill, ability and qualifications to perform the work without further training. In the event an employee is unable to bump in accordance with the above-referenced procedure, said employee may bump the least senior employee within a lower paying classification(s) previously held provided:
1. The bumping employee has more seniority than the employee who is to be bumped; and
2. The bumping employee meets the minimum qualifications in effect in the classification/position when and where the bumping occurs. An employee who is bumped from his position shall have two (2) work days in which to exercise his bumping rights in a similar manner. An employee who exercises his bumping rights shall be paid in accordance with the rate of pay established for that classification. Any employee who does not have sufficient seniority and/or skill, ability and qualifications to bump another employee as described herein shall be laid off and placed on the appropriate recall list.
Section 4. Employees who are laid off shall be placed on a recall list for a period of eighteen one (181) monthsyear. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work in the job classification to which they are recalled without further training, beyond that training which they would have received had the layoff not occurred.
Section 5. Notice of recall from a layoff shall be sent to the employees employee by certified or registered mailmail with a copy to the Union. The Employer shall be deemed to have fulfilled its obligation obligations 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.
Section 6. The recalled employee shall have seven three (73) calendar days following the receipt date of receipt, as signed by the employee, of the recall notice to notify the Employer of his intention to return to work and shall have fourteen five (145) calendar days following the receipt date 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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons
(a) Seniority rights for employees shall prevail only for those hired prior to June 1, 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 layoffs2003.
Section 19.2 Classifications The Employer (b) Seniority shall determine be applied on a “project site” basis so that in which classification(s) layoffs will occur. Within each classification affected, employees will reducing the work force on a project the last employee hired or put to work on such project shall be laid off in accordance with their classification seniority for first (1st), provided that the classifications affected particular work done by the layoffemployee and the length of service shall be determining factors. The employee(s) with In returning to work on a project, 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 last employee laid off shall be placed on a recall list for a period of eighteen the first (181st) months. If there employee recalled.
(c) Any employee having “Contractor seniority” that is a recall, employees who are still on laid off may exercise their seniority to displace any employee having less seniority and working within 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 territorial area of the recall notice to notify Union’s jurisdiction where the Employer Contractor has its principal office 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 Reviewhome base.
Section 19.4 Bumping Bumping (d) Seniority rights will be extended to as provided herein shall prevail among the employee under this Agreement. Employees may bump or displace Contractor’s 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. “Project site seniority”, as used herein, means the length of continuous service with a Contractor on a particular project. “Contractor seniority”, as used herein, means the length of continuous service with the Contractor from the employees last hiring-in date and other shall apply only to employees driving Contractor- owned equipment who are hired within the area of the Sheriff’s Office who previously worked in a classification covered by this Agreement, may displace into positions covered by jurisdiction of the Union where the Contractor has its principal office or home base. Seniority shall be applicable only for purposes of layoff and recall and shall not entitle any employee to job preference.
(e) All employees hired after the date of this Agreement so long as and those who have not worked for the employee displaced has less classification seniorityContractor for thirty (30) days shall be considered probationary employees for the first (1st) thirty (30) working days of their employment and during this period shall not be entitled to seniority status. The Contractor may terminate any employee displaced will who has not completed their probationary period and such action shall not be the one with the least seniority. Employees seeking to displace less senior employees will displace subject to the most recently held classification, and the next most recent, etcgrievance procedure. 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 Probationary employees may not complete their probationary period while absent or laid off. Employees displaced Seniority employees shall be placed given preference over probationary employees, working on the recall listsame project site, in assigning overtime work on Saturdays, Sundays and holidays.
(f) Contractor-owned equipment outside of the territorial area within the jurisdiction of the Union where the Contractor has its principal office or its home base, or in the case of an out-of-state Contractor where it has its home base in the State of Michigan, the Contractor shall give all employees having “Contractor seniority” an opportunity to take the out-of-town assignment. An This opportunity shall be afforded on a seniority basis and once a crew has been selected or assigned, there shall be no bumping by other employees for the duration of the project. Local Union No. 247 and Local Union No. 614 shall be considered as having the same territorial jurisdiction for purposes of this paragraph.
(g) A separate seniority list shall be maintained for Owner-Operators. Drivers of Contractor-owned equipment shall have seniority only among drivers of Contractor- owned equipment and Owner-Operators shall have seniority only among other Owner- Operators.
(h) The seniority of an employee who shall terminate if: a The employee quits or is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classification.discharged for just cause; or
Appears in 2 contracts
Layoff and Recall. Section 19.1 ReasonsThe District, Notice When the Employer determinesin its discretion, 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 shall determine whether layoffs are necessary, the Employer unless it is clearly established that such a determination is arbitrary. Employees who are affected by layoffs shall notify the affected employees twenty-one be notified as soon as possible, but not less than fourteen (2114) calendar days in advance of the effective date of prior to the layoff or date. When employees are laid off, the order will be as follows:
(a) Any seasonal employees in the affected job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffs.classification will first be separated;
Section 19.2 Classifications The Employer shall determine (b) Next, hourly employees in which classification(s) layoffs will occur. Within each the affected job classification affected, employees will be laid off in accordance with their classification seniority for reverse order of seniority. When two (2) or more hourly employees have the classifications affected by same seniority, the layoff. The employee(s) with regularly scheduled to work the least classification seniority as defined in Article 20 lesser (least) number of hours 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 (c) Finally, monthly employees, in reverse order of seniority, will be the last to be laid off. Employees who are laid off after January 29, 1996, shall be placed on a recall list for a period of eighteen (18) monthstwo years. If there is a recall, employees in the affected job classification who are still on the recall list shall be recalled, in the inverse reverse order of their layoff, provided that they are presently qualified to perform the work in the job classification without further training. Notice Employees who are eligible for recall shall be given fourteen (14) calendar days notice of recall and notice of recall shall be sent to the employees employee by certified or registered mailmail with a copy to the Union. The Employer employee must notify the department head of his intention to return within one week after receiving notice of recall. The District shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail or certified mail, return receipt requested, or by telegram to the last mailing address provided by the employee. Employees shall be responsible for keeping , it being the Office notified, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt obligation and responsibility of the recall notice employee to notify provide the Employer of department head with 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 Reviewlatest mailing address.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When a) Should the Employer determines, because decide to reduce the number 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, office staff 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) employee with the least classification amount of seniority as defined in Article 20 will a position shall be the first laid off first. Bumping from that position.
b) The employee may displace another employee in a position at the same or displacement lower job level providing he/she has the qualifications to perform the job functions satisfactorily and has greater seniority than the employee to be displaced.
c) Employees will also occur notify the employer of the position they intend to bump within two (2) weeks of receiving their lay-off notice.
13.02 Regular full-time employees shall be given notice of layoff or pay in lieu of notice in accordance with the employee’s seniority Employment Standards Act. Such payment in lieu of notice does not relieve the Employer from any other obligations or payments to which the employee is entitled under this Agreement.
13.03 A regular full-time employee with the least senior employee, as defined by Article 20, six (6) months or more service who is laid off first.
Section 19.3 Recall List Employees who are laid off due to a lack of work or redundancy shall be placed on a recall list for a period of eighteen six (186) months.
13.04 Employees on the recall list shall have the right to return to a vacancy in their former position or to a position for which they are qualified providing no other employee with greater seniority is promoted or transferred to such vacant position. If there When such transfers or promotions occur, resulting in a vacant position, the employee on the recall list will be offered the resulting vacant position providing he/she is a recall, employees who are still qualified.
a) Notice of recall to an employee on the recall list shall be recalled, in the inverse order of their layoff. Notice of recall shall be sent by registered mail to the employees by certified or registered mailemployee’s last known address. The Employer shall be deemed to have fulfilled its obligation by mailing An employee on the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee. Employees shall list may 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 bypassed when the employee fails to complete the training, the employee may be removed without recourse respond to the grievance procedure or notice within five (5) calendar days of its having been sent to the State Personnel Board of Reviewemployee’s last known address.
Section 19.4 Bumping Bumping rights will be extended to b) An employee bypassed under 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 foregoing conditions shall be laid off. Employees displaced shall be placed kept on the recall list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationlist for his/her remaining recall period.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 1. 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 determines layoffs are necessary, the Employer following procedures 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 layoffsbe followed.
Section 19.2 Classifications 2. The Employer shall determine in which classification(s) layoffs will occurclassification series shall be subject to reductions. Within each those classification affectedseries, the following order shall be followed based on service credit with the Lake County Health District, starting with employees with the least service credit:
A. Seasonal or temporary employees in the respective classification series.
B. Probationary employees in the respective classification series. In the event of further reductions in force, employees will be laid off from the affected classification series 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 firstagency service credit.
Section 19.3 Recall List 3. Employees who are laid off shall be placed on a recall list for a period of eighteen one (181) monthsyear. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff.
Section 4. Notice of recall If an employee is recalled to a lower rated position within their classification series, they shall be sent have the right to return to the employees by certified or registered mail. The Employer shall be deemed job classification they held prior to have fulfilled its obligation by mailing being laid off, in the recall notice by registered mail, return receipt requested, to event it subsequently becomes available within one (1) year of the last mailing address provided by the employeeinitial layoff.
Section 5. Employees shall be responsible for keeping given notice of layoff five (5) work days prior to such layoff occurring. Notices shall either be hand delivered or sent by regular U.S. Mail to the Office notified, in writing, of any changes in his employee's last recorded address. The recalled employee A copy shall have seven (7) calendar days following be furnished to the receipt Local Union representative.
Section 6. Employees who are eligible for recall shall be given a notice of the recall notice to notify the Employer of his intention to return to work and ten (10) work days prior to such return to work order. Such notice shall have fourteen (14) calendar days following be sent by Certified Mail or xxxx delivered to the receipt of employee's last recorded address. A copy shall be furnished to the Local Union representative. Failure to return from such recall notice in which to report for duty, unless shall constitute a different date for returning to work is otherwise specified in the noticevoluntary resignation. If The Employer may also call the employee does not respond within seven (7) calendar days the employee shall be removed from the to advise of a recall list. If, upon recall, an employee must receive additional training, the Employer shall provide and pay for the training required to maintain his certificationnotice. The employee with the approval of the Employer may return to work sooner than the ten (10) day notice on the next regular work day. A memo to the employee and the Local Union will document the results of the telephone conversation. Section 7. - BUMP Employees affected by a layoff can bump in their classification series to the next lower level by the ranking system, within five (5) work days of the layoff notice. Agency service credit shall prevail. Employees who, within the last year, formally held a position in another classification series within the department, shall also have bumping rights within that classification series, as stated in the above paragraph. A senior employee, based on service credit, who has been notified that the position they hold has been abolished, may request to accept a layoff rather than be reassigned within their classification designated for layoff. Such requests shall be required subject to complete the training in a timely fashion established approval 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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines, because of lack 16.01 A layoff includes a temporary or permanent discontinuation 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 16.02 The Employer Company shall determine give thirty-two (32) working hours' notice, in which classification(sadvance, of a layoff, excluding Saturdays, Sundays and general holidays, except as follows:
(a) layoffs will occur. Within each classification affecteda cessation of available work for seasonal employees;
(b) a temporary layoff as a result of fire, employees will be laid off mechanical breakdown or weather conditions;
(c) when an employee has been called in accordance with their classification seniority for the classifications affected by the layoff. The employee(sto replace an employee absent due to sickness, banked time or leave of absence up to five (5) 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 firstdays.
Section 19.3 Recall List Employees who are laid off shall be placed on 16.03 In the event of a recall list for a period reduction of eighteen (18) months. If there is a recallwork force, 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 the Company shall apply the principle of "last on, first off", providing the remaining employees are capable of performing the work available. Employees will be allowed one (1) orientation period of one (1) day. This orientation period will not apply when the reduction of the Sheriff’s Office who previously worked work force is of a temporary nature (5 days or less) and is due to inclement weather. The Company will act reasonably and in good faith in a manner consistent with the Agreement as a whole.
16.04 Seasonal employees including those on probationary period shall be laid off in reverse order of seniority when no work is available, and shall be recalled to work by length of service with the longest length of service seasonal employee being recalled first when work becomes available.
16.05 All positions related to the harvesting operations will be posted by May 1st each year.
16.06 Seniority employees working on harvest Monday through Friday may, after five (5) working days of layoff, displace junior employees in any classification covered if they have the ability to perform the normal functions of the job without an additional training period. A seniority employee who wants to displace the most junior employee will notify the Company by the fifth day of layoff. Seniority employees impacted by inclement weather will be given the opportunity if needed by the Company, in decreasing order of seniority, to do any work available, should they so choose, during the first five (5) days of their lack of work.
16.07 In situations where it is necessary to obtain employees in less time than is normal under the terms of 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 Company, shall, if unable to contact the one with the least seniority. Employees seeking to displace less senior employees will displace to the most recently held classificationeligible employee, and recall the next most recent, etc. senior employee and so on down the seniority list until the vacancy is filled. If, however, the senior employee is able to displace a less senior employee. If no subsequently reports within the required time, such employee in a previously-held classification has less seniority, then the employee seeking to displace shall be laid off. Employees displaced entitled to perform the work available for which the next senior employee was recalled.
16.08 In all cases of temporary layoffs, resulting from inclement weather conditions, the provisions of 16.03 shall be placed on the recall list. apply, where practical.
16.09 An employee who is displaced laid off and fails to receive the hours of work to which they would otherwise be entitled to, in accordance with the provisions of this Agreement, shall be compensated for such hours or receive such lesser compensation as may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationbe deemed fair and reasonable under the circumstances.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When In the Employer determines, because of lack of work, lack of funds, reorganizationevent the Superintendent, or a job abolishment that is designee, elects to last more than one (1) year, a layoff is necessaryreduce the number of employees in the bargaining unit, the Employer shall notify the affected following procedure will be followed:
1. The number of 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 needed for 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 first determined by the Employer. If the employee fails to complete the trainingthere are more employees than are needed in a particular classification, the employee may be removed without recourse to employee(s) with the grievance procedure or the State Personnel Board lowest seniority (i.e., total years 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 service in the District within the classification or assignment and displaces an to be reduced, shall be first to be laid-off. The laid-off employee(s) may only bump another employee with less seniorityseniority as set forth in Paragraph 8 below.
2. The Employer shall give thirty (30) calendar days notice to Employees from other bargaining units not covered of a pending reduction in work force, except in the event of a need to reduce the work force due to a shortage of revenues caused by this Agreementa previously unannounced reduction in state or federal aid. In these latter events, the Employer shall give as much notice as possible, and other in no event shall the notice be less than ten (10) days.
3. The Employer shall recall laid-off employees in the reverse order of layoff.
4. The laid-off employee shall have priority on the Sheriff’s Office substitute list, according to seniority, provided he/she notified the Employer in writing of his/her intention to be available for substitute work.
5. Any employee on layoff who previously worked fails to accept recall within fifteen (15) calendar days after certified mailing of notice of recall shall be terminated. Acceptance of recall shall be made by certified mail.
6. A laid-off employee may continue insurance benefits by paying monthly the normal subscriber group rate premiums to the employer, as stated in Article 10A per COBRA provisions.
7. A reduction in staff beyond attrition may occur as a consequence of a decreased student enrollment, school closing, change in program, or shortage of revenues to the district. Such a reduction or layoff shall be effectuated in the following manner. Substitute employees, if any, will be laid-off before all others.
8. All laid off employees are eligible to bump into an equal or lower pay classification covered by based on bargaining unit seniority and qualifications. A laid off employee with seniority in another job classification within this Agreement, may displace into positions covered by this Agreement so long bargaining unit will be reassigned to that classification using total years of service within the bargaining unit as the employee displaced has less classification basis for determination of seniority. The in-house position moves from classification C to C-1 A laid off employee displaced without seniority in another job classification will be reassigned based on total years of service within the one with the least seniority. Employees seeking to displace less senior employees will displace bargaining unit according to the most recently held classificationfollowing pathway: Classification C-2 employees may bump into classification C, and C-1 or D. Classification C or C-2 employees may bump into classification C-1. Any laid off employee classification may bump into a non-benefit position based on total years of seniority within 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 classificationbargaining unit.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 10.1 Employees to be laid off for an indefinite period of time from their respective department will have at least thirty (30) calendar days' notice of layoff. The Local Union xxxxxxx shall receive a list from the Employer determinesemployer of the employees being laid off on the same date notices are issued to the employees.
10.2 Employees to be laid off for a definite period of time, because of lack emergencies or unusual conditions will be given forty-eight (48) hours' notice prior to the layoff. The length of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessary, will be told 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 layoffsemployees.
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees 10.3 Employees will be laid off in accordance with their classification seniority for the classifications affected by Food Service Department in the layofffollowing manner:
1. The employee(s) with Probationary employees within the least classification seniority as defined in Article 20 department will be laid off first.
2. Bumping A seniority employee who is displaced from his/her own classification may exercise their seniority to displace the least senior employee in another equal or displacement lower paid classification, with equal or less hours within the Food Service Department. The employee so exercising must be able to perform the work; Food Delivery, Manager, Elementary Manager, and/or Kitchen Helper/Cashier and/or Warehouse Assistant.
10.4 Intent to bump must occur within five (5) days of layoff notices given. When the work force is increased within a department after a layoff, employees will also occur be recalled to the classifications laid off from in accordance with the employee’s seniority their departmental seniority, starting with the least most 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 employee at the last-known address by registered or certified or registered mail. The Employer shall be deemed If an employee fails to have fulfilled its obligation by respond to notice of recall within ten (10) days from date of mailing the recall notice by registered mailof notice, 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 listconsidered to have resigned. 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 Extensions may be required to complete the training in a timely fashion established granted by the Employer. If employer in proper cases.
10.5 It is understood that a temporary suspension of operations due to such things as a labor dispute, governmental order, civil disorder, or other conditions beyond the employee fails control of the employer (including such things as fire, flood, power failure), shall not be considered a layoff for purposes of this Article and adjustments to complete the training, the employee work force may be removed made without recourse regard to the grievance procedure or the State Personnel Board above provisions. Provided however, if a temporary suspension is in excess 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 seniorityfive (5) consecutive workdays, then the employee seeking to displace layoff provisions of paragraphs 1 through 5 above shall be laid offapplicable. The School District agrees to meet with the Union to discuss its plans should there be a temporary suspension of operation under this paragraph, for example, the Xxxxx semester break.
10.6 In the event of a job elimination in Food Service, the person who held the 'eliminated' position shall have the right to return to that job if it is posted within a two-year period (whether the title has changed or not), and shall be restored to their previous rate of pay and benefits and any additional increases.
10.7 Employees, at their option shall be used on layoff as substitutes, working through a third party contractor, such as EduStaff, but called first. Employees displaced interested in this assignment must register with the School Board in writing before the start of the School year. They shall not accrue any seniority. Such consideration will only be in place for a period of time not to exceed their seniority during layoff. Pay shall be placed on at the recall list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationsubstitute rate.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 The Village 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 its discretion shall determine whether layoffs are necessary unless it is clearly established that such a determination is arbitrary. If it is determined that layoffs are necessary employees will be laid off in which classification(sthe following order:
(a) layoffs will occur. Within each classification affectedprobationary employees; and
(b) part-time employees not included in the bargaining unit who regularly perform the same duties as bargaining unit employees; and
(c) bargaining unit employees regularly working less than forty (40) hours per week; and
(d) in the event of further reductions in force, employees will be laid off from their affected job classification and Division and/or Branch in accordance with their classification seniority for seniority, skill and ability to perform the classifications affected by remaining work without further training. When two or more employees have relatively equal experience, skill, ability and qualifications to do the layoff. The work without further training, the employee(s) with the least job classification seniority as defined in Article 20 within the Division and/or Branch 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 shall-be placed on a recall list for a period of eighteen one (181) monthsyear. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work in the job classification and Division and/or Branch to which they are recalled without further training. Notice If an employee is recalled to a position in a lower-rated job classification, he shall have the right to return to the job classification he held prior to being laid off in the event it subsequently becomes available, provided the employee has the current skill and ability to perform the work in question. Unless otherwise indicated, employees shall be compensated at the rate applicable to the job classifications to which they are recalled. The Village shall not hire new full-time employees in bargaining unit positions as long as there are still employees on the recall list who are presently qualified to perform the work in the affected job classification and Division and/or Branch and are willing to be recalled to said classification and are available to perform work immediately. Employees who are eligible for recall shall be given ten (10) calendar days' notice of recall and notice of recall shall be sent to the employees employee by certified or registered mailmail with a copy to the Union, provided that the employee must notify the Assistant Village Manager or his designee of his intention to return to work within five (5) days after receiving notice of recall. An employee's failure to notify the village of his intention to return to work within five days shall constitute a waiver of the employee's subsequent right to recall, unless otherwise mutually agreed between the Village and the Union. The Employer Village shall be deemed to have fulfilled its obligation obligations by mailing the recall notice by registered certified mail, return receipt requested, to the last mailing address last provided by the employee. Employees shall be responsible for keeping , it being the Office notified, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt obligation and responsibility of the recall notice employee to notify provide the Employer of Village with 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 Reviewlatest mailing address.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 15.01 In the event of an intended layoff (including a reduction in hours) the Employer determineswill provide the Union, because in writing with ninety (90) calendar days notice; and
(a) The Employer will meet with the Union through the Labour/Management Committee to review the following:
(i) the reason causing the layoff;
(ii) the areas of lack cutback and employees to be laid off;
(iii) ways the Employer may assist employees to find alternate employment;
(iv) ways to offset the layoff or proposed solution to the problem.
(b) Any agreement between the Employer and the Union resulting from the above review concerning the method of work, lack implementation will take precedence over the terms of funds, reorganization, or a job abolishment that layoff in the Agreement.
(c) Where the Employer's decision is driven by factors external to last more than one (1) year, a layoff is necessarythe organization, the Employer shall notify the affected employees twenty-one Union immediately upon becoming aware of the situation, if such notice falls short of ninety (2190) calendar days days.
(d) The Employer will advise the Union regarding redundant positions or technological change.
15.02 In the event of layoff, the Employer shall layoff employees in advance the reverse order of their seniority within their classification, providing that those employees who remain on the effective date of job have the layoff qualifications and ability to perform the work.
15.03 An employee exercising placement, displacement or job abolishmentrecall in accordance with this Article must meet the threshold qualifications for the position. It is understood and agreed that no provisions of Civil Service Law or rules shall apply an employee may require re-training in order 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 qualified for a period of eighteen (18) months. If there is placement, displacement or to be recalled to 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 mailposition. The Employer shall be deemed provide such required re-training to have fulfilled its obligation by mailing the recall a maximum of three (3) months during normal working hours where possible.
15.04 Before a lay off notice by registered mailis issued and subject to Articles 15.01 and 15.03, 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 where 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 trainingpermanent vacancy exists, the Employer shall provide and pay for offer employees in a classification where a position will be eliminated, a voluntary placement into a vacant position in the training required same classification. Where employees have expressed an interest, preference shall be given to maintain his certification. The the most senior employee, or where no interest is expressed, the least senior employee shall be required to complete the training in a timely fashion established transferred.
(a) (i) Sixty (60) calendar days notice of layoff shall be sent by the Employer. If Employer to the Union and the employee fails who is 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 Where the notice is not given, the employee shall be placed on receive pay, in lieu thereof, for the recall list. An amount of notice to which the employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationentitled.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 ReasonsA. In the event a staff reduction is necessary, Notice When the Employer determinesAssociation will be notified as soon as the Board determines to reduce staff. Employees to be laid off will be given thirty (30) calendar days written notice. Copies of the written notice shall be sent to the Association President. A staff reduction is defined as the loss of a position or the reduction in hours if that reduction in hours would result in a change in contribution toward insurance benefits.
B. Should the Board determine the need for any layoffs of personnel, because reductions will be first made by reviewing performance evaluations of lack employees within the classification being reduced. If the terms of this Agreement in Article 22 have been followed, the employees with ineffective or minimally effective evaluations will be first considered for layoff. If all employees are determined to be equal, seniority will be used within each classification (see article 12A) after all probationary employees are laid off. However, seniority need not be followed or probationary employees laid off first in the event doing so would result in the remaining employees being unable to do the work, lack .
C. Employee’s most recent performance evaluation will be considered. It must be within a two (2) year period or else the employee’s performance will be considered effective.
D. An employee who is displaced from their position shall have the option of funds, reorganization, bumping into a position held by someone of lesser seniority within the classification provided they have an effective performance evaluation and is qualified or could become qualified within fifteen (15) working days. The displacements will be facilitated at a job abolishment that is to last meeting of employees in the impacted classification.
E. An employee who has seniority in more than one (1) year, classification and whose position is being affected by a layoff staff reduction will be subject to assignment to the former classification if the employee 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 layoffsnot reassigned within their present classification.
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, F. Laid off 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 entitled to recall list for a period of eighteen two (182) months. If there is a recall, employees who are still years to vacancies in bargaining unit positions on the recall list shall be recalled, in basis of seniority within that classification provided they have the inverse order ability and are physically able to perform the duties of their layoff. Notice the job that is vacant and are otherwise qualified.
X. Xxxxxx of recall shall will be sent by certified mail 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 individual’s last mailing address provided by the employee. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his known 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 individual does not respond report to work within seven ten (710) calendar days the employee shall be removed from the recall list. Ifworkdays of receipt of this notice, 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 they will be extended considered 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 classificationresignation.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 26.1 Layoffs and Recall 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 be within Department by Job Title and agreed that no provisions of Civil Service Law or rules shall apply to layoffsemployee Status.
Section 19.2 Classifications 26.2 The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will sequence of employees' Status within a Job Title to 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 as follows.
1. Any employee who volunteers;
2. Temporary employees;
3. Per Diem employees;
4. Short hour and casual part time employees;
5. Regular Part Time and Full Time employees on a recall list an equal basis
26.3 Within each Status, Layoffs will be applied within each Job Title in the following manner:
1. Most recent Date of Hire into Department;
2. Most recent Date of Hire into current Job Title;
3. Most recent Date of Hire to the District.
26.4 Date of Hire is adjusted for a period unpaid leaves in excess of eighteen (18) months. If there is a recall, employees who are still 30 days.
26.5 Employees remaining on the recall list job shall be recalled, able to perform the work without the need of retraining and must be able to work the remaining shifts.
26.6 Recall from Layoff shall be in the inverse order of their layoffLayoff. Notice of recall Any employee who has volunteered for Layoff shall be sent entitled to Recall based upon Status.
26.7 In the employees by certified or registered mail. The Employer event that an employee is on Layoff status for over twelve (12) months, he/she shall be deemed terminated.
26.8 A Full Time or Regular Part Time employee on Layoff status may elect to have fulfilled its obligation by mailing leave accrued Long Term Sick hours in their benefit bank for the recall notice by registered mail, return receipt requested, to period of time they remain on the last mailing address provided by the employeeRecall list. Employees may request payment of eligible LTS hours at any time while on Layoff/Recall status.
26.9 All employees on Layoff 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 Human Resources Department of his intention their status on a weekly basis. In the event that an employee is unable 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 from receipt of notice of Recall, he/she shall be terminated, but in no event (barring emergencies) shall an employee be given more that fifteen (15) calendar days to return to work from the employee date the notice to return was mailed by the District. Said notice shall be mailed by way of certified mail.
26.10 The District will notify the Union at least thirty (30) days prior or as soon as a plan for any Layoffs or Department reorganizations has been approved that will result in a change to an employee’s work status.
26.11 The parties will meet to discuss the reason for the Layoffs, the planned schedule and any alternatives such as Voluntary Exit Incentive offerings.
26.12 When Layoffs are anticipated, no posted positions and/or anticipated openings in the affected Job Titles will be hired into until those employees have an opportunity to transfer to such position for which they are qualified (requiring only the customary training and orientation provided to newly hired employees.)
26.13 HR will review open jobs and expected openings and notify managers/directors not to fill these positions until the Union and HR can meet and confer about possible relocation to said positions. Posted position will be removed from the recall listjob posting board until all staff movements have been resolved.
26.14 Any employee who transfers to a new position or is Recalled to a vacant position will be given ninety (90) days to demonstrate his or her ability to perform the work. IfEvaluation of performance during the 90 days will be based on skills, upon recall, an employee must receive additional training, the Employer shall provide ability 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 Employerbehaviors. If the employee fails transfers to complete an open position and does not satisfactorily perform the trainingduties, 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 Layoff and will be eligible for any compensation he/she would otherwise have received.
26.15 If in those 90 days the recall employee does not perform satisfactorily he/she will be returned to the Recall list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classification.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Layoff and Recall. Section 19.1 Reasons, Notice 22.01 When it is necessary to reduce 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 necessaryworking force, the Employer shall notify following seniority provisions are effective.
(a) In the event of a major machine breakdown, power failure, water failure, fire or flood, then the Company may layoff the employees affected employees twenty-one without regard to seniority and will be permitted up to three (213) calendar working days in advance to deter- mine seniority rights and make proper adjustment of the effective date of the layoff or job abolishment. It is understood and agreed staff, PROVIDED 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 employee may be laid off out of sen- iority for more than six (6) working days in accordance with their classification seniority for one calendar year. In the classifications affected case of other similar circumstances, beyond the control of the Company, the action to be taken shall be determined by mutual agreement of the layoff. The employee(sparties.
(b) with Probationary employees in the least classification seniority as defined in Article 20 Job Classifications affect- ed will be laid off first. Bumping Probationary employee will be as per article 17.03a, and regular employees completing their 30 day probationary period in a new job will be as per Article 20.
(c) Employees with seniority in the Job Classifications affect- ed will be removed from the classification in inverse order of seniority and may exercise bumping rights with the provisos:
i. He/she may accept layoff rather than exercise his/her bumping rights, or
ii. He/she may elect to displace the employee hold- ing least seniority at the next succeeding downward wage level to any classification where he/she has vested rights. Such employee may be assigned with- in the classification and program as required by the Company. Employees affected by a bump will be notified within 14 days of the initial layoff notice being posted.
iii. Employees will not be permitted to exercise bumping rights or displacement recall rights laterally, unless the employee is covered by Letter of Intent 34 (Amalgamation).
(d) In no event shall an employee bump another employee who is employed in a higher paid Job Classification. (Except for Letter of Intent #34).
(e) An employee, while on disability leave or any other per- xxxxx leave of absence, will also occur be laid off for lack of work in accordance with the employeeseniority provisions of the collective agreement. The employee will be notified by registered mail of such a layoff. Any bumping rights may be exer- cised when the employee is fit to return to regular or modified duties, in accordance with their seniority rights and where he/she has vested rights.
22.02 In the event that two or more employees possess the same seniority date, the employee holding the lowest clock number shall be deemed to possess highest seniority, unless otherwise provided for in this Collective Agreement.
22.03 The Company will submit to the Plant Chair a list of employees to be laid off one (1) week prior to the layoff becoming effective and similarly the employee subject to the layoff will be given one (1) weeks’ notice; or alternatively, the laid off employee will be paid one (1) week’s seniority salary in lieu of such notice. A copy of any notice given to an employee by the Company in compliance 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 Employment Standards Act 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 ReviewPlant Chair.
Section 19.4 Bumping Bumping 22.04 An employee while retained on the Seniority List dur- ing layoff, accumulates seniority during such a period.
(a) Subject to Clause 22.01(c), a surplus/laid off employ- ee who has recall rights will be extended recalled to the employee under this Agreement. Employees may bump any for- mer job classification to which he/she had vested rights except those classifications in which he/she refused, post- ed downwards from, failed their probationary period, or displace employees in other classifications so long as the employee previously worked in the returned to their previous 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.during their thirty
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons10.01 In the event of layoff, Notice When seniority shall be used in its reverse order by job classification, beginning with the Employer determinesmost junior employee in the geographic location where the layoff occurs who shall be the first to be laid off, because provided that the remaining employees are qualified to do the work. No new employee shall be hired until all employees in the job classification have been recalled. In the event an employee is subject to layoff, she shall have the right to displace the most junior employee in her job classification in the geographic location where the layoff occurs. If such a displacement is unavailable, an employee with the required qualifications may use her unit seniority to displace an employee with less seniority in the same seniority unit in any geographic location. There shall be no bumping up, either to a higher rated classification or to an assignment with an increase in the total number of lack hours worked. In the event of work, lack of funds, reorganization, a permanent lay-off or a job abolishment that is to last more than one (1) year, a layoff is necessaryreduction in work in schools, the Employer shall notify provide ten (10) working days’ notice, in writing, to 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 layoffsemployee affected.
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 10.02 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 recalledrecalled to their job classifications, in the inverse reverse 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 give notice of recall notice by registered mail, return receipt requested, mail to the last mailing recorded address provided by of the employee. Employees The employee shall be responsible for keeping keep the Office notified, in writing, Employer advised at all times of any changes in his her current 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 working days of notice of recall, unless an extension has been granted by the employee shall be removed Board.
10.03 Before the Board employs a person from the recall list. If, upon recalloutside staff, an employee must receive additional trainingon layoff and subject to recall shall, for a period of twenty-four (24) months commencing from the Employer shall provide and pay for date of layoff, be given first opportunity to fill a temporary assignment which she is qualified to perform within the training required to maintain his certificationbargaining unit. The employee For the purpose of this article, a DECE shall be required deemed to complete be qualified only if she has been employed as a permanent DECE of the training in a timely fashion established by Board.
10.04 The Board shall notify the Employer. If the employee fails to complete the training, the employee may be removed without recourse Union as to the grievance procedure names of all bargaining unit employees who have been laid off or the State Personnel Board of Reviewrecalled under these procedures.
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.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons12.1: In the event of a layoff involving full-time positions within the bargaining unit, Notice When the Employer determinesUniversity may serve written notice of the layoff either by hand-delivery, because certified mail to the bargaining unit member’s last known address on file within the official personnel file of lack of work, lack of funds, reorganizationthe University, or a job abolishment that is both. The University will provide up to last more thirty (30) but no less than one fourteen (114) year, a layoff is necessary, the Employer shall notify the affected employees days’ written notice to any individual who receives notice via hand- delivery. The University will provide up to thirty (30) but no less than twenty-one (21) calendar days in advance days’ written notice to any individual who receives notice via certified mail. The date that hand-delivery is received or the date the letter is mailed shall be the first day of the layoff notice period. At the same time, the University will provide a seniority list to the President of the Association.
12.2: The University shall layoff bargaining unit employees in the affected college or non-academic unit department(s) in the following order categories: temporary (generally, less than four (4) month assignment) bargaining unit employees, part-time bargaining unit employees and then full-time bargaining unit employees. A bargaining unit employee holding an interim appointment shall be permitted to retain that interim appointment to its completion but shall then be laid off.
12.3: In the event two or more full-time members of the bargaining unit hold the same position (i.e., position title and pay grade) within the same college or non-academic unit department, and fewer than the total number are to be laid off, layoffs will be determined by reverse bargaining unit seniority. When two or more individuals have the same effective date of appointment in the bargaining unit, the order of layoff will be determined as follows:
A) In the event of a A tie, it will be broken by giving credit for all prior years of full-time employment or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffsFTE employment with the University (excluding student employment).
Section 19.2 Classifications The Employer shall determine in which classification(sB) layoffs In the event If a tie is not broken by the foregoing procedure, the employee(s) selected for layoff will occur. Within each classification affected, employees be decided by the lowest overall evaluation score with the lowest rating on the most recent evaluation will be laid off in accordance with their classification seniority for off, provided the classifications affected evaluation has been conducted within the past two years.
C) In the event a tie is not broken by the layoffforegoing procedures, it will be broken by the last four digits of the Social Security Number coin toss. The employee(s) with the least classification seniority employee whose last four digits are higher shall be treated as defined in Article 20 will be more senior.
12.4: Bargaining unit members who were displaced or 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 recall status for one (1) calendar year following displacement or layoff. This means that if the position from which a recall list for a period of eighteen bargaining unit member was displaced or laid off is to be filled within one (181) monthsyear following displacement or layoff, the bargaining unit member displaced or laid off will be offered that position according to bargaining unit seniority. If there more than one bargaining unit member has been displaced or laid off from the same position (i.e., position title and pay grade) within the same college or non-academic unitdepartment, recall will occur in the reverse order of displacement or layoff (i.e., last laid off, first recalled).
12.5: In the case of layoff of a full-time member of the bargaining unit, the University will examine the possibility of creating a new part-time P/A position and offering it to the full-time staff member being laid off; if such an offer is a recall, employees who are still on made the recall list full-time bargaining unit member shall be recalled, in under no obligation to accept 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 Reviewpart- time appointment.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 17.1 Layoff Notification When the Employer determines, because of lack of work, lack of funds, reorganization, Sheriff determines that a layoff or a job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer Sheriff shall notify the affected employees twenty-one fourteen (2114) calendar days in advance of the effective date of the layoff or job abolishment. It is understood and agreed that no provisions The Sheriff, upon request from the Union agrees to discuss, with representatives of Civil Service Law or rules shall apply to layoffsthe Union the impact of the layoff on bargaining unit employees.
Section 19.2 Classifications 17.2 Layoff The Employer Sheriff shall determine in which classification(s) classifications layoffs will occur. Within each classification affected, occur and layoffs of bargaining unit employees will be by seniority, beginning with Part Time Employees and then full time employees. Employees shall 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 order of seniority, beginning with the least senior employeeand progressing to the most senior up to the number of employees that are to be laid off. In the event two (2) or more employees began work on the same day, as defined by Article 20, laid off firsttheir respective appointment times shall determine seniority listing.
Section 19.3 17.3 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. Notification Notice of recall shall be sent to the employees employee, by certified or registered mail. The Employer Sheriff shall be deemed to have fulfilled its obligation obligations by mailing the recall notice by registered certified mail, return receipt requested, to the last mailing address provided by the employee. Employees shall be responsible for keeping are required to provide their current address to the Office notified, in writing, of any changes in his address. Sheriff.
Section 17.4 Time Limits The recalled employee shall have seven (7) calendar days following the receipt of the recall notice to notify the Employer Sheriff of his the 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 Reviewwork.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 17.01 All bargaining unit classifications and positions shall be filled by employees of the Employer determines, because Board.
17.02 If it becomes necessary to reduce the number of lack employees in a job classification due to abolishment of workpositions, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessarylack or work, the Employer following procedure shall notify the govern such layoff.
17.03 The number of people affected by reduction in force will be kept to a minimum by not employing replacements so far as practical for employees who resign, retire or otherwise vacate a position.
17.04 Whenever it becomes necessary to lay off employees by reasons as stated above, affected employees twenty-one (21) calendar days shall be laid off according to seniority within the classification, with the least senior employee laid off first. Seniority shall be defined as the uninterrupted length of service with the Board of Education in advance of a particular job classification computed from the effective latest date of hire or appointment to their present classification. Authorized leaves of absence do not constitute an interruption of continuous service. In the layoff or job abolishment. It is understood case of identical seniority, the Administration and agreed that no provisions the Union shall meet to determine a fair and equitable means of Civil Service Law or rules deciding which employee shall apply to layoffsbe laid off first by considering where an employee lives, works, his evaluation, and the position available.
Section 19.2 Classifications 17.05 The Employer Board of Education shall determine in which classification(s) layoffs will occur. Within each classification affected, the layoff should occur and the number of employees will to be laid off off. If this action occurs, the Local President shall be notified and appropriate action shall be discussed.
17.06 Twenty (20) days prior to the effective day of layoffs, the Board of Education shall prepare and post for inspection in accordance with their classification a conspicuous place a list containing the names, seniority dates, and classifications and indicate which employees are to be laid off. Each notice of layoffs shall state the following:
1. Reasons for the layoff or reduction;
2. The effective date of layoff;
3. A statement advising the employee of their rights of reinstatement from the layoff.
17.07 For the classifications affected by in which the layoff occurs, the Board shall prepare a reinstatement list and all employees employed under limited contracts shall be placed on the reinstatement list in the reverse order of layoff. The employee(s) with names of all employees employed under 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 continuing contract status of employment shall be placed on a recall separate reinstatement list in reverse of layoff. Reinstatement shall be made from the continuing contract list and then the limited contract list before any new employees are hired in that classification.
17.08 Vacancies which occur in the classification of layoff shall be offered to or declined in writing by the employees rounding highest on the reinstatement list before the next person on the list may be considered. Any employee who declines reinstatement shall be removed from the reinstatement name list. Employees shall be responsible to update their current contact information with the District.
17.09 The employee’s name shall remain on the appropriate list for a period of eighteen two (182) monthsyears from the effective date of layoff. If there is reinstated from layoff during this period, such employee shall retain all previous accumulated seniority and a recall, employees who are still on the recall list notice of reinstatement shall be recalled, in the inverse order of their layoff. Notice of recall shall be sent to the employees made 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. .
17.10 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 trainingis recalled for reinstatement, and an employee declines reinstatement at that time, the Employer shall provide and pay for the training required Board is under no further obligation 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 Reviewthat employee.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons
(a) In the event of a contemplated reduction of staff, Notice When or reduction in hours of work for staff members, SMS shall advise the Employer determinesAssociation, because providing relevant information relating to the circumstances. Where a redundancy has been identified, and before any layoff occurs, SMS shall conduct an appropriate canvass of lack all bargaining unit members to determine whether layoff can be avoided by use of alternative means, including but not restricted to voluntary placement into vacant positions, resignation with severance pay as provided under Article 22.02, job sharing where approved, or early retirement.
(b) In the event of layoffs, such layoffs shall be in reverse order of seniority, as determined in Article 8.
(c) Employees who receive notice of layoff, or experience a reduction in the number of hours of work shall, subject only to their having the qualifications to perform available work after a reasonable period of familiarization, be placed in a vacant position at their present classification, or should no such vacancy exist, in the highest lower-classified vacancy. In such cases, their salary shall be red-circled at their previous rate.
(d) An employee about to be laid off, or to experience a reduction in the number of hours of work, lack may bump downward or laterally any employee with less seniority provided the employee exercising the right has the qualifications to perform the work of funds, reorganization, the less senior employee. For the purpose of this Article downward or lateral for support staff shall mean the same or a job abolishment that is lower-rated classification. The right to last more than one bump shall be exercised within ten (110) year, a layoff is necessary, the Employer shall notify the affected employees twenty-one (21) calendar working 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 layoffsreceiving notice.
Section 19.2 Classifications The Employer shall determine in which classification(s(e) layoffs will occur. Within each classification affectedIf there is a recall after a layoff, employees will on layoff shall be laid off entitled to be recalled in accordance with their classification seniority for the classifications affected by the layoff. The employee(s) with the least classification seniority order of seniority, as defined determined 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 employee8, 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 twelve (1812) months. If there is a recall, employees who are still on calendar months following the recall list shall be recalled, in the inverse order date of their layoff. Notice of recall shall be sent to the Laid off 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 are responsible for keeping the Office notifiedinforming SMS, in writing, of any changes where they may be contacted during the layoff period. New employees shall not be hired until those laid off have been given an opportunity of recall.
(f) SMS agrees to notify support employees who are to be laid off one (1) month prior to the date of layoff, or to provide severance pay in his address. The recalled employee shall have seven lieu of notice.
(7g) SMS agrees to notify tutorial staff who are to be laid off by May 15 of the preceding school year, if the lay-off is to be effective at the start of the next school year and to give two (2) months’ notice in all other circumstances.
(h) An employee's right to recall is lost if twelve (12) calendar days following months elapse from the receipt date of the recall notice to notify the Employer of his intention to return to work layoff 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 has 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 Reviewbeen recalled.
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.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons15.1 For purposes of this Agreement, Notice When “continuous service” shall mean the Employer determinesperiod of continuous employment in the Police Department from the most recent date of hire without break or interruption; provided that any suspension for disciplinary purposes or absences on authorized leave without pay shall not constitute a break or interruption of service within the meaning of this section. A list of Police Officers arranged in order of continuous service shall be made available for examination by all Police Officers at the end of each calendar year. Where two (2) or more Police Officers were appointed on the same date, because their continuous service standing shall be determined in the order of their ranks on the Civil Service eligibility list from which they were hired.
15.2 The City, in its sole discretion, shall determine whether layoffs are necessary. Although not limited to the following, layoffs shall ordinarily be for lack of work, work and/or lack of funds, reorganization, or a job abolishment . If it is determined that is to last more than one (1) year, a layoff is layoffs are 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 Police Officers will be laid off in the following order:
A. Probationary Police Officers. The probationary Officer serves a probationary period of twelve (12) months in which there is an opportunity for the supervisor to train, observe, and evaluate the employee. During the twelve month original probationary period, the employee may be demoted, laid off, or terminated without cause at the discretion of the City; and
B. In the event of further reductions in force, Police Officers will be laid off from the affected classification in accordance with their classification seniority for continuous service and their ability to perform the classifications affected by remaining work available without further training. When two (2) or more Police Officers have relatively equal experience, skill, ability, and qualifications to do the layoff. The employee(swork without further training, the Police Officer(s) with the least classification seniority as defined in Article 20 continuous service 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 15.3 Police Officers who are laid off shall be placed on a recall list for a period of eighteen one (181) monthsyear. If there is a recall, employees Police Officers who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work in the job classification to which they are recalled without further training. Notice Police Officers recalled under this section shall not be required to take a Civil Service written examination or participate in a Civil Service oral interview but may be required to successfully complete all other phases of the screening process.
15.4 Police Officers who are eligible for recall shall be given fourteen (14) calendar days notice of recall and notice of recall shall be sent to the employees Police Officers by certified or registered mail, provided that the Police Officer must notify the Police Chief of the Officer’s intention to return within three (3) days after receiving notice of recall. The Employer City shall be deemed to have fulfilled its obligation obligations 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 Police Officer, it being the Office notified, in writing, of any changes in his address. The recalled employee shall have seven (7) calendar days following the receipt obligation and responsibility of the recall notice Police Officer to notify provide 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 Police Chief 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 classificationOfficer’s latest mailing address.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 13.01. Whenever the Employer determines, because of determines that a layoff is necessary in the bargaining unit due to lack of work, work or 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 at least fourteen (2114) 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 13.02. The Employer shall determine in which classification(s) layoffs and which work section(s) layoff or job abolishment will occur. Within each classification affectedclassification, affected displacement shall occur in the following order:
a. Temporary, casual (intermittent), seasonal, and Part-time employees.
b. New hires who have not completed the probationary period.
c. Promoted employees will be laid off in accordance who have not completed the probationary period.
d. Employees who have completed the probationary period, with their classification seniority for the classifications affected by the layoffleast bargaining unit seniority. The employee(s) order of layoff in each of the above categories shall be determined by least bargaining unit seniority. If two or more employees have the same bargaining unit seniority, the employee with the least classification seniority as defined in Article 20 will shall 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 firstdisplaced.
Section 19.3 Recall List 13.03. Employees who are placed on layoff may apply their bargaining unit
Section 13.04. When it becomes necessary in the Vermilion Police Division through lack of work or causes other than disciplinary reasons, to reduce the force in such division, the youngest Patrolman employee in point of service shall be the first to be laid off. In the event that a position in the Vermilion Police Division above the rank of Patrolman is abolished and the incumbent of such position had been permanently appointed thereto, he or she shall be reduced to the next lower rank in such Department, and the youngest officer in point of service in the next lower rank shall be reduced to the next lower rank, and on down until the youngest officer in point of service has been reached, who shall be laid off.
Section 13.05. Employees who are placed on layoff may request to receive payment for earned but unused vacation, and personal time benefits. If the employee chooses to not exercise this option and the employee is not recalled as set forth in this Article, these benefits will be paid anytime during the recall period at the hourly rate earned at the time of layoff without accrued interest. Employees not requesting payment during the recall period automatically will be paid at the end of the recall period.
Section 13.06. Laid off employees shall be eligible for recall 24 months from the date of the layoff. Recall from layoff will be made in reverse order of layoff, that is, the last employee placed on layoff from a classification shall be the first to be recalled. Employees who refuse recall to a classification from which they have been laid off shall be placed on a lose seniority and 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 employeerights. 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 who fail to return to work and shall have within fourteen (14) calendar days following the receipt date of the notification or 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 lose seniority 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 Reviewemployment rights.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 1. Whenever the Employer determinesdetermines that a layoff is necessary in any classification, because the Employer shall notify the Union thirty (30) days prior to the layoff. Notification to the Union shall occur prior to notification to affected Employees, and upon request, the parties will meet to discuss possible alternatives and the impact of lack any such layoff. The Employer shall also notify the affected Employees in writing, either hand-delivered or postmarked by certified mail, at least fourteen (14) days in advance of workthe date of layoff or job abolishment. Written notice of layoff will indicate the circumstances that made the layoff necessary.
Section 2. Employees in affected job groupings shall be laid off based on agency seniority, lack of funds, reorganization, or with the least senior Employee(s) being laid off first. Whenever it becomes necessary to lay off Employees in a job abolishment that is grouping, they will be placed on layoff in the following order: temporary, intermittent, seasonal, part-time, and full-time Employees. Probationary Employees are placed on layoff before regular Employees and part-time Employees before full-time in each category.
Section 3. Permanent, full-time bargaining unit Employees who are placed on layoff may apply their agency seniority (total service with the Department) to last displace an Employee with less agency seniority in the following order:
1. Within the same grouping or lower grouping for which they meet minimum qualifications as outlined by the most current position description. Where more than one (1) year, a layoff is necessaryEmployee has less agency seniority than the displacing Employee, the Employer shall notify least senior Employee in the affected employees twenty-one job grouping shall be laid off (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 layoffsdisplaced).
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur4. Within each classification affectedIn the event an Employee is laid off, employees will he/she may request to receive payment for any earned vacation leave to be laid off in accordance with their classification seniority for paid no later than two weeks after 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 firstrequest.
Section 19.3 Recall List 5. When applicable, Employees who are laid off shall on layoff will be placed on given 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 day notice of recall by certified mail to their last known address as shown on Employee payroll records. Recall from layoff will be made in reverse order of layoff (that is, the last Employee placed on layoff from a job grouping classification shall be the first to be recalled). Employees who refuse recall to a job grouping from which they have been laid off shall lose seniority and recall rights. Employees who fail to return to work within three (3) days following the receipt of the date of recall notice shall lose seniority and re-employment rights.
Section 6. No new Employees shall be hired into, or a vacant position posted, in any job grouping in which to report for duty, unless a different date for returning to work is otherwise specified Employees are laid off until such time as all laid off Employees in the noticeaffected job grouping have been offered the opportunity for recall.
Section 7. If Laid off Employees shall retain recall rights for a period of twenty-four (24) months from the employee does not respond within seven (7) calendar days the employee date of layoff. Any Employee who refuses a recall to a position in his/her job grouping 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 8. If an Employee exercises his/her seniority 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 classificationan Employee with lower seniority within any job grouping, and the next most recentposition to which the Employee bumps is of a lower job grouping, etc. until the employee Employee shall retain his/her rate of pay, except that if such rate is able greater than the highest rate currently paid for the job grouping to displace a less senior employee. If no employee in a previously-held classification has less senioritywhich the Employee bumps, then the employee seeking to displace his/her pay 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 reduced to a lower classificationthat rate of pay.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsThe Board of Directors shall determine the education program and services for the Pe Ell School District #301, Notice When based upon the Employer determines, because educational goals of lack the District and financial resources available to the following school year. Prior to April 15 of work, lack of funds, reorganizationeach year, or sooner if possible, the Board shall, accurately as possible, determine present financial status and enrollment and projected financial status and enrollment for the following year. In the event that it can be shown that revenues are not sufficient to support the present size staff, the Board shall consider using the layoff and recall procedures. In the event that a job abolishment that is to last more than one (1) year, a layoff is lay off becomes necessary, under the Employer above set forth policies, the following criteria shall notify be used to determine which certificated staff members shall be retained and which shall be given notice thereof on or before the affected employees twenty15th of May in the same manner as is provided for non-one (21) calendar days renewal of contract in advance of RCW 28A.58.450. First 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 Board shall determine which, if any, staff member(s) will not be returning to the District in which classification(s) layoffs the following school year by reason of retirement, family transfer, resignation, leave, discharge for cause or non-renewal for cause. Any such projected vacancies shall be then taken into account in determining whether additional reduction in certificated staff will occurbe necessary. Within each classification affectedAny certificated staff member to be retained by the District during a lay off must possess a valid Washington State Teaching Certificate for the position to be filled by him or her. In the event that seniority of teaching in Washington State is equal as between two or more teachers, employees will then, as between them, those teachers with the fewest college credits shall be first to be laid off in accordance with their classification seniority for the classifications affected by the layoff. The employee(s) and those with the least classification seniority as defined in Article 20 will most college credits shall be last to be laid off firstoff. Bumping or displacement will also occur in accordance with the employee’s seniority with the least senior employee, All certificated personnel not retained as defined by Article 20, laid off first.
Section 19.3 Recall List Employees who are laid a result of lay off shall be placed in an employment pool for one year for possible recall. Employment pool personnel shall be given the first opportunity to fill any position which becomes available on the same basis of seniority as for lay off (most seniority, recalled first: least seniority, recalled last). It shall be the responsibility of each employee placed in the employment pool to notify the board or its designee in writing between January 1 and January 31 of the period during which the employee is placed in the pool, if such employee wishes to remain in the employment pool for the balance of a recall list for a period of eighteen (18) monthsone-year period. If there such notification is not received, the name of any such employee may be dropped from the employment pool. When a recallvacancy occurs for which persons in the employment pool qualify, employees who are still on notifications from the recall list Board to such individuals shall be recalled, in the inverse order of their layoff. Notice of recall shall be sent to the employees by certified mail or registered mailby personal delivery. 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 Such individuals shall have seven five (75) calendar days following from the receipt of the recall notice written offer to notify accept 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 noticeposition. If the employee does not respond within seven (7) calendar days the employee an individual fails to accept a position offered, such individual shall be removed dropped 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 certificationemployment pool. The employee District shall be required to complete the training in utilize employment pool personnel as substitutes on 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 Reviewfirst priority basis.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When A. In the Employer determines, event layoffs occur because of lack of work, lack of funds, reorganization, to improve efficiency or under conditions where the University determines that the continuation of such work is unnecessary, bargaining unit employees shall be laid off and recalled by job classification. Layoffs and recall shall be based on University seniority as defined in Article 35 (least senior laid off first). Any employee who is recalled must be fully qualified to perform all available work. (For temporary layoff and recall see Article 16.)
B. Within each of the classifications, intermittent, then temporary, then part-time seasonal, then full-time seasonal, then permanent part-time employees will be laid off before full-time permanent employees. In each of these appointment categories, employees who have not completed their probationary period will be laid off before those employees who have completed their probationary period.
C. When it becomes necessary to lay off an employee, such employee shall be given two (2) weeks advance written notice, except in instances where layoff action is the result of the emergency closing of the University or one of its components, or as a job abolishment that is result of other circumstances beyond the control of the University; provided, however, such notice shall also not be required with respect to last more than one temporary layoffs of three (13) yearconsecutive days or less for lack of work occasioned by breakdown of equipment, floods, fires, utility failures, or other causes beyond the University's control. Such determination invoking a layoff is necessaryfor three days or less shall be made by the Associate Vice President for Human Resources.
D. A laid off employee or an employee displaced as a result of layoff may be transferred to an available vacancy in the employee's bargaining unit classification. If no vacancy exists, the Employer shall laid off employee or an employee displaced as a result of layoff may displace or bump the least senior employee in the same bargaining unit classification. If no such employee exists, the laid off or displaced employee may bump the least senior employee in a bargaining unit classification which the laid off or displaced employee held with the University preceding the date of layoff or displacement provided he/she remains qualified, in the judgment of the University, to perform all available work in the job to which he/she is bumping.
E. The laid off employee or an employee displaced as a result of layoff choosing to exercise the right to displace another employee is required to notify the affected employees twenty-one Associate Vice President for Human Resources in writing no later than five (215) calendar working days after receipt of the notice of layoff. Failure to so notify the Associate Vice President for Human Resources will cause forfeiture of the employee's bumping rights. Any employee displaced from his/her classification under procedures set forth in advance this Article may elect to take a direct layoff rather than exercise his/her bumping rights.
F. The employee who exercises bumping rights within classification shall retain his/her current rate of pay. Employees who choose to bump into a lower rated classification will be paid the job rate of that classification.
G. In the event an employee is laid off, he/she shall receive payment for earned but unused vacation and for unpaid overtime as quickly as possible, but not later than thirty (30) days following 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 layoffslayoff.
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will H. Layoffs may be laid off in accordance with their classification seniority for submitted to 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 firstgrievance procedure at Step 3.
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. I. Notice of recall shall be sent to the employees employee at his last known address 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 If an 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 fails 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 date of receipt of notice of 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 will be removed without recourse terminated, unless the employee presents a justifiable excuse acceptable to the grievance procedure or the State Personnel Board of ReviewUniversity.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 25.01 Whenever it is necessary for 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 necessaryreduce its workforce, the Employer shall notify employees within 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 department 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 the following order:
a) Students;
b) Temporary, part-time, and seasonal employees; employees who have not completed their classification seniority for the classifications affected by the layoff. The employee(sprobationary period;
c) with the least classification seniority as defined in Article 20 will Employees who have completed their probationary period.
25.02 All employees shall be laid off firston the basis of seniority within their department within the categories enumerated above. Bumping If the seniority of two (2) or displacement will also occur in accordance with the employee’s more employees is equal, their relative 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 recalldetermined by “lot."
25.03 In the event an employee cannot hold his present classification, employees who are still on within his department, he shall have the recall list shall be recalledright to “bump” an employee with lesser seniority in an equal or lower-rated classification, in the inverse order other departments as long as said employee is qualified to perform the duties of their layoffthe job. Notice of recall An employee who has been bumped from his classification shall be sent afforded the same rights to “bump” an employee with lesser seniority in an equal or lower rate classification to avoid a direct layoff from the employees by certified or registered mail. The Employer Employer, as long as said employee is qualified to perform the duties of the job.
25.04 It shall be deemed the option of the employee as to have fulfilled its obligation by mailing whether he shall exercise his seniority rights to bump into an equal or lower- rated classification or to take a direct layoff from the recall notice by registered mail, return receipt requested, to the last mailing address provided by the employee. Employees Employer.
25.05 Regular full-time employees shall be responsible for keeping the Office notified, in writing, given a minimum of any changes in his address. The recalled employee shall have seven fourteen (714) calendar days following days’ advance written notice of a layoff indicating the receipt of circumstances which made the recall notice to notify layoff necessary.
25.06 In the Employer of his intention to return to work and event an employee is laid off, he shall have receive payment for any earned but unused vacation as quickly as possible but no later than fourteen (14) calendar days following after layoff.
25.07 All employees shall be recalled to their classification in the receipt reverse order of their layoff. An employee on layoff will be given fourteen (14) days’ notice of recall from the date on which the Employer sends 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 by certified mail (to his last known address as shown on the Employer's records).
25.08 For the purpose of 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 AgreementArticle, 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 “department” 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 classificationdefined as “service department” and “clerical department.”
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement