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
Sources: 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining 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 6 contracts
Sources: 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
Sources: 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
Sources: 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 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining 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
Sources: Labor Management Agreement, Labor Management Agreement, Labor Management 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
Sources: 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 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining 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
Sources: 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 4 contracts
Sources: Collective Agreement, 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) 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
Sources: Collective Agreement, Collective Agreement, Collective Agreement
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
Sources: Collective Agreement, Collective Agreement, Collective 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining 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
Sources: 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 (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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining 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
Sources: 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
Sources: 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
Sources: 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
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 31.01 It is the exclusive right of the Employer determinesto:
(a) establish, because and vary from time to time; the job classifications and the number of lack Employees if any, to be employed in any classification, or in any work place of the Centre; and
(b) assign to other classifications any, or all, of the duties normally performed by classifications of this bargaining unit when Employees from within this Bargaining Unit are not available.
31.02 The Employer and the Union shall meet fourteen (14) days prior to a layoff process occurring. The purpose of this meeting is to discuss the process of how layoffs will take place, review the current seniority list and discuss other relevant factors the parties agree upon.
31.03 When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to reduction of the work force, or reduction in regularly scheduled hours of work, lack of fundsor wholly or partly discontinue an undertaking, reorganization, activity or a job abolishment that is to last more than one (1) year, a layoff is necessaryservice, the Employer shall will notify the affected employees twenty-one (21) calendar days in advance of Employee and 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 Union at 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 prior to the receipt date of layoff. Such displacement shall be in reverse order of seniority within the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified Employee's classification in the noticeaffected work area. 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 trainingHowever, the Employer shall provide have the right to retain Employees who would otherwise be displaced when displacement in accordance with this Article would result in retaining Employees who are not capable and pay for qualified to perform 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 required.
Section 19.4 Bumping Bumping rights will be extended to 31.04 Where the employee under this Agreement. layoff results from an act of God, fire, flood or work stoppage by 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 Collective Agreement, the fourteen (14) calendar days notice is not required.
31.05 A consultation meeting will be arranged by the Employer between the Employee, the Employer Representative(s) and other employees the Union Representative(s) and will occur after the layoff notice is served on the Employee. The consultation process will not be delayed as a result of the Sheriff’s Office unavailability of the Union Representative. When notice of layoff or displacement is delivered to an Employee in person, the Employee may be accompanied by a representative of the Union, if one is available. An Employee whose position is being eliminated or whose regularly scheduled hours are being reduced or who previously worked in is being displaced by a classification covered by this Agreementmore senior Employee shall have up to twenty-four hours (excluding Saturdays, may Sundays and Named Holidays) from the consultation meeting to provide the Employer with written notification of their choice to 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 Employee in the most recently held classification, bargaining unit who does not have a larger FTE in the same or lower classification provided they are qualified and capable of performing the next most recent, etc. until work remaining and provided they has greater seniority than the employee is able to displace least senior Employee in the bargaining unit who does not have a less senior employee. If no employee larger FTE 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 same or lower classification.
31.06 To assist the Employee in indicating a preference of alternate positions, the Employee will have access to seniority lists, shift schedules, and a list of positions available prior to the consultation with the Employer. Consultation meetings shall not proceed until Employees have had access to such information.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
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
Sources: Master Agreement, Master Agreement, Master 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
Sources: Collective Agreement, 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 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
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
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
Sources: Collective Agreement, Collective Agreement, Collective 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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
Sources: Collective Agreement, Collective Agreement, Collective 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 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, 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons28.01 It is recognized that job security should increase in proportion to seniority. Therefore, Notice When in the Employer determinesevent of layoff in a particular classification series, because the employee in the affected classification series who has the least bargaining unit wide seniority will be given notice of lack intended layoff provided the retained employee(s) has a satisfactory performance review. Prior to the layoff of workpermanent employees, lack of funds, reorganization, or a job abolishment that substitute employees shall be laid off first.
(a) If an employee is to last more than one (1) year, a layoff is necessarybe laid off, the Employer shall notify the affected employees twenty-one must give notice in writing at least ten (2110) calendar working days in advance of prior to the effective date of the layoff or job abolishment. It is understood and agreed that no layoff.
(b) An employee who has not had the opportunity to work their scheduled hours of work during the notice period, the employee shall be paid for the days for which work was not made available.
(c) The provisions of Civil Service Law or rules shall Article 28.02(b) do not 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 firstArticles 15.02 and/or 17.09.
Section 19.3 Recall List Employees who 28.03 When employees are laid off off, they shall be placed on a recall list for a period of eighteen six (186) months. If there is a recall, employees who are still on the recall list months and shall be recalled, recalled in the inverse following order:
(a) In reverse order of their layoff. Notice layoff within the classification series;
(b) If no employees are available for recall within the classification series, then provided the most recent performance appraisal was satisfactory and the employee has not since been disciplined, and provided the employee has the qualifications, ability and suitability, the employee will be recalled in reverse order of recall bargaining unit wide seniority;
28.04 An employee 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 recalled by registered mailletter and/or by personal contact from the Employer, return receipt requested, to and 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 twenty-four (724) calendar days following the hours from receipt of the recall notice letter or personal contact to notify advise the Employer of his intention to return to work and shall have fourteen (14) calendar days following if the receipt of the recall notice in which to report for duty, unless a different date for Employee will be returning to work work. The employee recalled and the Employer shall then determine the effective date of recall. Employees are responsible for leaving their current address and telephone contact number with the Employer, which contact information shall be relied upon by the Employer in effecting recall.
28.05 An employee who is otherwise specified in recalled shall be entitled to retain previous service time with the notice. If Employer for the employee does not respond within seven (7) calendar days purpose of calculating vacation entitlement after the date of recall and the employee shall be removed from entitled to retain and use, in accordance with the recall list. If, upon recall, an employee must receive additional training, provisions of 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 Collective Agreement, and other employees any unused sick leave credits accumulated at the time 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
Sources: 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons10:01 In the event of a layoff, Notice When employees shall receive four (4) weeks’ notice or pay in lieu of such notice. Written notice shall be given by personal service or registered mail to the Employer determines, because of lack of work, lack of funds, reorganization, or employee(s) concerned and 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 copy of the effective date of notice shall be forwarded to the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffsUnion.
Section 19.2 Classifications The Employer shall determine 10:02 In the event of a reduction in which classification(s) layoffs will occur. Within each classification affectedthe work force, employees will be laid off in accordance with reverse order of seniority within their classification occupational grade. When reducing staff, senior employees may exercise their seniority for to displace a less senior employee in an equivalent or lower grade provided the classifications affected by employee has a satisfactory work record, possesses the layoff. The employee(s) with qualifications, and meets the least classification seniority as defined physical requirements of the position in Article 20 will question.
10:03 No new employee shall be hired until those laid off first. Bumping or displacement will also occur have been given an opportunity to bid on vacated positions as per Article 8:02 of the Collective Agreement.
10:04 Employees laid off in accordance with Article 10:01 shall be recalled by order of seniority to available positions in equal or lower paid occupational grade/classification provided they are qualified to perform the required work.
10:05 To be eligible for recall, prior to the employee’s seniority last shift before being placed on layoff status, the employee must provide the Employer with their current address, and further, during the layoff period, must inform the Employer immediately of any address changes.
10:06 As per Article 10:05 above, the employee must communicate 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 of his notice of recall being delivered to his recorded address. Further, the employee shall must be removed from prepared to begin work 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 time designated by the Employer. .
10:07 The right of a person who has been laid off to be rehired under this Agreement will be forfeited and shall be considered terminated in the following circumstances:
(a) If the employee person did not communicate with the Employer as specified in Article 10:06.
(b) If the person did not report to work when instructed to do so and fails to complete the training, the employee may be removed without recourse provide a written explanation satisfactory to the grievance procedure or the State Personnel Board of ReviewEmployer.
Section 19.4 Bumping Bumping rights will be extended to (c) A twenty-four (24) month period has elapsed since 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 date 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.as per Article 8:04 (d)
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons1. When it is determined that a reduction in force is necessary, Notice When the Employer determinesCounty shall notify the Union as soon as possible. The order of layoff shall be by seniority. The employee with the least seniority shall be the first laid off.
Section 2. No full-time status employees shall be laid off as long as there are provisional, because of lack of workpart-time, lack of fundstemporary, reorganizationseasonal, intermittent, emergency, on-call or probationary employees working in the affected classifications. Furthermore, when an employee in a job abolishment classification in a Department has been laid off, the Department shall not hire any provisional, part-time, temporary, seasonal, intermittent, emergency, on-call or probationary employees to conduct any work that is to last more than was previously conducted in that classification for a one (1) year, a layoff is necessary, year period from the Employer shall notify the affected employees twenty-one (21) calendar days in advance of the effective date of layoff unless the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply County has first attempted to layoffsrecall all laid off employees in such class, pursuant to this Article.
Section 19.2 Classifications The Employer 3. An employee who has received notice of layoff shall determine have the privilege of bumping an employee in which classification(s) layoffs will occurthe same class in his Department with less continuous County service. Within each If there are no employees in the same class with less continuous County service, he may move to the next lower 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 class family 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's department.
Section 19.3 Recall List Employees 4. The names of status employees who are have been laid off shall be placed on a layoff list, and shall be eligible for recall list for a period of eighteen one (181) monthsyear, and the County shall rehire in the reverse order of layoff. A laid off employee subject to recall who is employed elsewhere shall not be required by the County to report until after the expiration of two (2) weeks from the date of the notice. If there such employee is a not employed elsewhere, he shall be required to report to work at the beginning of the next pay period following recall, . The County shall provide employees who are still subject to recall with written certified notice of recall mailed to their last known address on record in the Human Resources Department. Employees on the recall layoff 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 making their current address available to the Office notified, in writing, of City-County Human Resources Department. The County shall present the Union with the layoff list and any changes as soon as possible.
Section 5. An employee subject to layoff shall be provided with notice of layoff in writing at least fifteen (15) calendar days prior to the layoff.
Section 6. When an employee exercises retreat rights in lieu of layoff, the employee shall be paid at a rate which most nearly approximates his addressrate of pay immediately prior to the layoff if available in the pay grade. The If the employee's rate of pay prior to the layoff is higher than the maximum of the lower pay grade, the employee will be paid at the maximum of the lower pay grade.
Section 7. No new employees shall be hired into a classification in the Department where employees have been laid off from that classification until all employees on layoff status in that Department and classification desiring to return to work have been notified of vacancies.
Section 8. Employees displaced by the elimination of jobs through consolidation (combining of two jobs or more), the installation of new equipment or machinery, the curtailment or replacement of existing facilities or for any other reason, shall be permitted to exercise their seniority rights to bump into another position in their class family in their Department for which they are qualified.
(a) In the event of a recall of a laid off employee within one (1) year of a layoff, the recalled employee shall have seven his/her service time computed from the employee=s original date of employment to the date of layoff.
(7b) calendar days following the receipt of the recall notice to notify the Employer of his intention to return to work An employee who is laid off, and is later recalled within one (1) year, 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, available 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 his/her return such unused sick leave accrual as he/she may be removed without recourse have earned up to the grievance procedure or the State Personnel Board time of Review.
Section 19.4 Bumping Bumping rights his/her departure (Article 23, ' 1. K). Further, accrual rates for vacation and sick leave will be extended to established at the employee under this Agreement. Employees may bump or displace employees level based upon the revised service time set forth 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 listsubsection (a) above. An employee who is displaced may take a voluntary recalled, is eligible for enrollment in the health, dental and life insurance programs without waiting periods and reinstatement in the retirement plan at the percentage of vesting at the time of layoff, when layoffs occur rather than displace to a lower classification.
Appears in 2 contracts
Sources: 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsThe Employer, Notice When in its discretion, shall determine when and whether layoffs are necessary, provided, however, that the Employer will not implement a layoff for the sole purpose of replacing full-time employees with part-time, auxiliary or volunteer employees. If the Employer so 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 covered by this Agreement will be laid off in accordance with their classification seniority for the classifications affected by the layoff. The employee(s) length of service with the least classification seniority Employer as defined provided in Article 20 will be laid off first65 ILCS 5/10-2.1-18, provided, however, the Employer may retain an employee who has specialized skills regardless of length of service where it is necessary to the efficient operation of the Department to retain an individual with such specialized skills. Bumping or displacement will also occur in accordance with For the employee’s seniority with purpose of this Article, the least senior employee, as defined by Article 20, laid off first.
Section 19.3 Recall List Employees who are laid off term “specialized skills” shall be placed on a recall list for a period of eighteen (18) months. If there is a recall, limited to those employees who are still on the recall list shall be recalledhave completed extensive training programs such as certified technicians, certified traffic reconstruction and other similar courses which require extensive training and completion of course work. Except in the inverse order case of their layoff. Notice of recall shall be sent emergency, no layoff will occur without at least thirty (30) calendar days' notification to the employees by certified or registered mailUnion. The Employer shall be deemed will meet to have fulfilled its obligation by mailing bargain the recall notice by registered mail, return receipt requested, to decision and the last mailing address provided by the employee. Employees shall be responsible for keeping the Office notified, in writing, effects 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 a proposed layoff within fourteen (14) calendar days following days' of serving the receipt notice to the Union provided the Union advises the Employer of the recall notice in which its desire to report for duty, unless a different date for returning to work is otherwise specified in the notice. If the employee does not respond meet and bargaining within seven five (75) calendar days of the employee shall be removed from Union's receipt of notice of the recall listproposed layoff. IfThe Village agrees to consult the Union, upon recallrequest, and afford the Labor Union an employee must receive additional trainingopportunity to propose alternatives to layoff, though such consultation shall not be used to delay the layoff and the Employer shall not be obligated to agree to any proposed alternatives. Further, the Employer shall provide and pay for not hire, contract out or utilize other parties to perform the training required to maintain his certification. The employee shall be required to complete the training in a timely fashion established duties performed 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 members of the Sheriff’s Office who previously worked in a classification covered by this Agreementbargaining unit, 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 while any bargaining unit member remains 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 22.01 A lay-off shall be defined as the Employer determines, because elimination of lack of work, lack of funds, reorganizationa position, or a job abolishment that reduction in hours of a position of an employee who is a permanent or probationary bargaining unit member. No lay-off shall occur during the term of this agreement.
22.02 A member who is to last more than one (1) year, a layoff is necessary, be laid-off shall be given appropriate notice in accordance with the Employer Employment Standards Act.
22.03 The following lay-off procedure shall notify be used for placement of permanent and probationary employees who are declared surplus or have their hours reduced or who have been displaced under 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 this article:
(a) The Board shall identify those positions to be eliminated or rules shall apply reduced as a result of a decision to layoffslayoff, make a position redundant or reduced, or close a school or department.
Section 19.2 Classifications The Employer (b) Members occupying eliminated positions shall determine in which classification(s) layoffs will occur. Within each be declared surplus.
22.04 Layoff and recall shall be on the basis of seniority, as defined under Article 12 among members within a job classification.
22.05 In the event of layoffs, members within a job classification affected, employees will shall 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 who are laid off 22.06 Members shall be placed 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 list to a position within their own job class for two (2) years.
22.07 Members who accept a position with less pay shall have their existing weekly salary red-circled for a period of eighteen twenty-four (1824) months; or until the rate of pay for the position equals or supersedes that which the member is presently receiving. After this time, the member’s salary will no longer be red-circled.
22.08 Members who are laid-off shall retain the right of recall for two (2) years to the job classification following the date of layoff. Member’s right of recall shall be forfeited and the member’s employment shall be deemed to be terminated when:
a. the member declines recall to a job classification for which the laid-off member has seniority;
b. 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 the Board’s records.
22.09 It shall be the duty of the 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.
22.10 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.
22.11 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 of layoff.
22.12 Members who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationhave been laid off and subsequently 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
Sources: 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, there is a reduction or a job abolishment that is to last more than one (1) year, a layoff is necessaryredundancy in the work force, the Employer following procedure shall notify apply:
(a) Agency, students and probationary employees, in that order, will be laid off first, provided the affected remaining employees twenty-one (21) calendar days in advance of have the effective date of ability and qualifications to perform the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffsavailable work.
Section 19.2 Classifications The Employer shall determine in which classification(s(b) layoffs will occur. Within each Employees within the classification affected, employees where the reduction/redundancy occurs will be laid off in accordance with their classification seniority for the classifications inverse order of seniority. The employee affected by such reduction/redundancy will displace the most junior employee in any classification provided they have the ability and qualifications to perform the job. In the case of a redundancy, employees may be grandfathered into the new classification. Those employees affected may accept to be grandfathered or exercise their right to bump. Those employees wishing to bump have 24 hours to make their decision. If there are vacant positions available, they will be posted prior to the commencement of the bumping procedure. Inability to displace another employee will result in layoff.
(c) When there is an increase in the work force, laid-off employees will be recalled according to seniority, provided they possess the ability and qualifications to perform the available work.
(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) week's 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. 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. The employee(s) with If such employees decline the least classification seniority as layoff, the layoff procedure defined in Article 20 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 laid off firstin thirty (30) calendar day increments. Bumping or displacement will also occur in accordance with The Company has the employee’s seniority with right to recall an employee(s) at any time during 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 thirty (1830) monthsday incremental period(s). If there the layoff is a recall, employees who are still on expected to extend beyond 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 first thirty (730) calendar days following day period, the receipt of employee(s) currently on layoff will be informed about the recall notice to notify the Employer of his intention extension on day twenty (20) at which time they must decide to return to work and shall have fourteen or remain on layoff for another thirty (1430) calendar days following the receipt of the recall notice in which to report day period. This procedure will repeat itself 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 as long as the employee previously worked reduction in the classification or assignment and displaces an employee with less seniorityworkforce is required. Employees from other bargaining units not covered by this Agreement, and other employees of It is incumbent upon 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 employee(s) to keep the employee displaced has less classification seniority. The employee displaced will Company informed concerning where they can 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 contacted while 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 13.1. 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 employer shall notify the affected employees twenty-one Employee thirty (2130) calendar days in advance of the effective date of the layoff lay off or job abolishment. It is understood and agreed that no provisions Employees will be notified of Civil Service Law the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or rules less, as soon as possible. The Employer, upon request from the FOP, agrees to discuss, with representatives of the FOP, the impact of the layoff on bargaining unit Employees. Note! Any Sergeant receiving notice of long term layoff shall apply have five (5) calendar days following the receipt of such notice in which to layoffsexercise the right to bump the least senior Employee in this bargaining unit.
Section 19.2 Classifications The Employer 13.2. Layoffs in the bargaining unit shall determine be in which classification(s) layoffs will occur. Within each classification affectedinverse order of seniority, 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, bargaining unit member being laid off first.
Section 19.3 Recall List 13.3. 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 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 section to which they are recalled. Any recalled Employee requiring additional training to meet the position qualification in existence at the time of recall must satisfactorily complete the additional training requirements within twelve (12) months of recall. Any training required in this Section shall be at the Employer’s expense.
Section 13.4. 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 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 addressEmployee.
Section 13.5. 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 Employee shall have fourteen (14) calendar days following the receipt date of mailing of the recall notice to notify the Employer of the Employees’ intention to return to work and shall have fifteen (15) calendar days following the mailing date 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 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 13.6. For the purpose of Section 13.3 of this Article, seniority shall be extended to computed on the employee under this Agreement. Employees may bump or displace employees in other classifications so long as the employee previously worked basis of uninterrupted length of continuous service 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.Police Department
Appears in 2 contracts
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 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 2 contracts
Sources: 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 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
Sources: 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 ▇▇▇▇ 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons6.1 If it becomes necessary to reduce the number of employees in a job classification due to the abolishment of positions, Notice When the Employer determines, because or by reason of lack of workeconomy, lack of funds, reorganizationor lack of work, or a job abolishment that is to last more than one (such layoff shall proceed in the following order:
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 layoffsEmployees serving provisionally who have not completed their probationary period after appointment.
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur2. Employees serving provisionally who have satisfactorily completed their probationary period after appointment.
3. Employees appointed by certification who have not completed their probationary period after appointment.
4. Employees appointed by certification who have satisfactorily completed their probationary period after appointment. Within each of the above primary categories, classification affectedseniority shall prevail, with the least senior employee being laid off first. In addition, intermittent, then seasonal employees will be laid off in accordance with their classification seniority for the classifications before regular permanent employees.
5. An affected by the layoff. The employee(s) with the least who has transferred from one 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 to another classification may displace the least senior (job classification seniority employee from his or her previous classification) provided the least senior employee has less job classification seniority than the displaced employee, as defined by Article 20, laid off first. Only time served in the classification shall count for displacement.
Section 19.3 Recall List Employees who 6.2 Ten (10) days prior to the effective date of layoffs, the Board shall prepare and post for inspection, in a conspicuous place, a list containing the names, seniority dates and classifications and indicate which employees are to be laid off. Each employee to be laid off shall be given advance written notice of the layoff. Each notice of layoff shall state the following:
1. Reason for layoff or reduction;
2. The effective date of layoff;
3. A statement advising the employee of his or her rights.
6.3 For the classifications in which the layoff occurs, 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. Reinstatement shall be made from this list before any new employees are hired in that classification.
6.4 Vacancies which occur in the classification of layoff shall be offered to the employee standing highest on the reinstatement list, in writing, before the next person on the list may be considered. Any employee who declines reinstatement shall be removed from the reinstatement list. 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 a recallreinstated from layoff during this period, such employee shall retain all previous accumulated seniority.
6.5 The Administration shall provide the current seniority list of all 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 mailbargaining unit, return receipt requestedat least annually, to the last mailing address provided by Union.
6.6 Laid off employees shall have the employeeopportunity to apply for vacancies in any other classification. Employees Due consideration 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 given 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 Reviewthose applications based on qualifications.
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
Sources: Negotiated Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 7.1 LAYOFF AND RECALL 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 determine the affected employees twenty-one (21) calendar days in advance numbers and classifications 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 any positions to layoffsbe cut.
Section 19.2 Classifications 7.2 When it is necessary to reduce the work force, it shall be according to ability and seniority. When ability is equal, as determined by the employer, seniority shall prevail. The Employer shall determine in which classification(sgive as much advance notice as possible, but at least four (4) layoffs will occur. Within each classification affected, employees will be laid off in accordance with their classification seniority for weeks’ notice to any employee subject to layoff (and contemporaneous notice to the classifications affected by the layoffUnion). The employee(s) with City agrees to bargain the least impacts a layoff or hours reduction may have on wages, hours, or working conditions of bargaining unit members. An employee shall be defined as having the ability to perform a job if the employee previously worked in that position or is in a position within the same classification seniority as defined in Article 20 will series and has higher level duties and still meets the minimum requirements of the position to which the employee may 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 firstbumped down into.
Section 19.3 Recall List Employees who are 7.3 The names of all employees laid off shall be placed on a layoff/recall list for a period not to exceed eighteen (18) calendar months from the date of layoff. Employees shall be recalled in the reverse order of layoff, with the last person released entitled to be returned to any classification with the bargaining unit previously held by the employee in the course of employment with the Employer which the employee is qualified to fill. It shall be the responsibility of the employee to keep the Employer informed of their current address, and personal email.
7.4 Employees displaced by a reduction of the work force through job consolidating (combining the duties of two (2) or more jobs), the installation of new equipment or machinery, the curtailment or replacement of existing facilities, the development of new facilities, or budgetary constraints shall be laid off and recalled in accordance with this article.
7.5 No new temporary or regular employees shall be hired into affected job classifications during the periods of layoff until all employees in layoff status have been given the opportunity to work, provided employees on layoff are qualified to perform the duties of the open position as defined in Section 7.2 above.
7.6 Refusal to be recalled to an open position of approximately equivalent hours and in the same benefit category (i.e. eligible for benefits vs. non-benefitted), excluding temporary openings, will terminate the employee’s recall rights. If an employee accepts being recalled to a lower compensated classification, or a position that does not have approximately equivalent hours or is not in the same benefit category, than that occupied prior to layoff, the employee shall maintain their right to be recalled to the classification and hours vacated at layoff for a period of eighteen (18) months. If there is a recallFor purposes of this section, employees who are still on “approximately equivalent hours” means at least 80% of 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 hours worked 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 prior 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 Reviewlayoff.
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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When A. Whenever the Employer determines, because decision is made by the BOARD to reduce the total number of lack of work, lack of funds, reorganization, or employees in 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 affectedclassification, employees will shall be laid off in accordance with their on the basis of classification seniority for the classifications affected by the layoff. The employee(s) within their position with the least classification seniority as defined in Article 20 will be senior person laid off first. Bumping If further layoffs are necessary, the next least senior employee shall be laid off, and so on until the layoff is completed. In suspending contracts due to layoffs, should two or displacement will also occur in accordance more employees have equal lengths of service beginning with the employee’s seniority with date of the least senior first day of work as a contracted employee, as defined by Article 20then the earliest date of the BOARD meeting at which the employee was employed shall prevail. If still tied, laid off first.
Section 19.3 Recall List Employees who are the earliest date on the employee's most recent application form shall prevail. If still tied, the names of the employees to be laid off shall be drawn by the Superintendent or his/her designee with the BCEA President in attendance as witness. The employee's name drawn first shall be first listed, and so forth. Employees designated for layoff may exercise their classification seniority rights to displace the least senior employee in the same classification in the same or lower position.
B. Employees who are displaced by layoff who held a regular contracted position in another classification within the last five (5) school years may exercise their system seniority rights and return to their most recent former classification if there is an employee in that classification with less system seniority. Upon re-entry into a former classification, the employee shall assume the duties of the displaced employee, acquire the classification seniority date the employee had when he/she left the classification and be placed on the highest salary step previously earned in the former classification.
C. In recalling employees on layoff, such employees shall be recalled on the basis of classification seniority in reverse order of layoff. If the employee does not respond by certified mail to a certified mail recall list notice within five (5) working days, the employee shall be considered terminated. The laid off employee shall be responsible for providing the administration with a current mailing address. One refusal for re-employment releases the District from any further responsibility to rehire the laid off employee.
D. An employee on layoff shall retain recall rights for a period of eighteen (18) months. If there is a recall, employees who are still on months from the recall list shall be recalled, in the inverse order date of their layoff. Notice In that period, the District shall hire no new employees nor promote current employees into that layoff classification until transfers have been offered first and laid-off employees have been offered re-employment. Employees who wish restoration shall keep their current address on file with the Treasurer of recall shall be sent the BOARD. Employees who do not respond to the employees by certified or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the a 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 five (75) school days (or ten (10) calendar days following the when school is not in session) after receipt of notice by certified mail (or if such notice is returned undelivered) shall forfeit all rights to restoration.
E. For the recall notice purposes of defining classifications pursuant to notify layoffs only, the Employer of his intention to return to work following classifications 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 positions within seven (7) calendar days the employee such classifications shall be removed from the recall listrecognized: Classification Position Copy Center Position I – Copy Center Assistant Administrative Assistant Position IV – H.S. Principal Administrative Assistant, Bldgs. If& Grounds Administrative Assistant, upon recallTransportation Administrative Assistant Position III – Building Administrative Assistant, an employee must receive additional training, the Employer shall provide Curriculum Administrative Assistant Position II – H.S. Student Activity Clerk Position I – Part-time Administrative Assistant Position I – Building-Office Assistant Position I – Registered Nurse Position I – Respiratory Therapist Sign Language Interpreter Position I – Sign Language Interpreter ESL Assistant Position I – ESL Assistant – Instructional Assistants Position IV – Media & Tech Assistant Position III – IMC Technician (Elementary - Secondary) Position II – Teacher Assistant Position I – Monitor Assistant Special Needs Assistants Position II – Instructional Special Needs Assistants Position I – Transportation Special Needs Assistants Position II – Head Custodian Position I – Custodian Position III – Head Mechanic Position II – Mechanic Position I – Mechanic Helper Position II – Groundskeeper 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.Courier Position III – Head Maintenance Position II – Maintenance Position I – Maintenance Helper Position III – Dispatcher/Pupil Transportation Specialist Position II – Drivers Position I – Crossing Attendant Student Nutrition Position VII – H.S. Manager Position VI – Operations Assistant Position V – Middle School Manager Position IV – Assistant Manager Position III A – Meal Accounts Manager Position III B - Satellite Manager Position I – Hourly Employee Class I – H.S. Registrar Job Coach/Transition Coordinator Class I – Job Coach/Transition Coordinator
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated 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 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 8.1 The Employer shall determine whether a layoff shall occur, the timing of the layoffs, the number of employees to be laid off, and in which classification(s) classification layoffs will occur. Within A reduction in the number of hours scheduled in a workweek for some or all employees shall not constitute a layoff. The procedures of this Agreement shall exclusively govern the layoff of employees, when the Employer determines it is necessary to reduce the number of bargaining unit positions (other than through attrition of employees who resign, retire, are on leave, or are terminated for cause) because of:
A. Lack of funds (a current or projected deficiency of funding);
B. Lack of work (a current or projected decrease in the workload);
C. Abolishment of positions (the deletion of position(s) due to: reorganization, economy or lack of work).
Section 8.2 The Employer will notify the Union within sixty (60) days of any projected layoff. Representatives of the Employer and the Union shall meet and confer as soon as practicable in order to discuss steps to prevent the layoff of employees, if possible. Such steps will include, but are not limited to:
A. Offering open and available board positions to qualified bargaining unit employees in accordance with applicable vacancy and posting requirements;
B. Assisting qualified employees who may desire to resign or retire;
C. Assisting employees in affected classifications in seeking other employment. Upon mutual agreement, both parties agree to seek mediation from SERB or FMCS. Such mediation shall conclude within the thirty (30) day timeframe referenced above. The Employer will notify each classification affected, employees will affected employee to be laid off at least fourteen (14) calendar days before the date of layoff.
Section 8.3 Whenever a reduction 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 work force occurs, bargaining unit employees shall be laid off firstbased upon their seniority in the affected classifications.
A. Within a classification where a layoff occurs, the affected employee may displace other bargaining unit employees without regard to full or part-time status in the following order:
1. Bumping or displacement will also occur in accordance with the employee’s seniority with The employee may displace the least senior employee in his/her classification and shift, if that person has less seniority than the person to be laid off; or
2. The employee may be placed in an open position in his/her classification.
B. If the affected employee chooses option A(1), then the employee who is displaced from that position may choose one of the following options.
1. The employee may displace the least senior person in either of the two remaining shifts, if that person has less seniority than the person to be laid off; or
2. The employee may be placed in an open position in his/her classification.
C. If the Employee chooses option B(1), then the employee who is displaced from that position may choose one of the following options:
1. The employee may displace the least senior person in the one remaining shift, if that person has less seniority than the person to be laid off; or
2. The employee may be placed in an open position in his/her classification.
D. If the Employee chooses option C(1), then that displaced employee may fill an open position or be laid off. In all cases the employee, 's status as defined by Article 20, laid off firstan RN or LPN will not affect his/her displacement rights unless RN licensure is required for the position to which the employee requests displacement.
Section 19.3 Recall List Employees who are 8.4 An employee laid off shall be placed on a recall list for a period of eighteen one (181) monthsyear. If there is a recallrecall occurs in the classification the employee held at the time of layoff, employees who are still on the recall list shall be recalled, recalled in the inverse reverse order of their layoff. Laid off employees are required to maintain the minimum qualifications of the available position, including but not limited to all required credentials, certifications, registrations, or licensures, to be eligible for recall.
Section 8.5 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 by mailing the recall notice by registered certified mail, return receipt requested, to the last mailing address the employee provided by to the employee. Employees shall be responsible for keeping the Office notified, Employer in writing, of any changes in his address. .
Section 8.6 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 date of certified mailing 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 listwork. An employee who is displaced fails to report for duty within the fourteen (14) days shall be considered to have resigned from employment.
Section 8.7 Employees outside the bargaining unit may take not displace into a voluntary layoffbargaining unit position.
Section 8.8 For purposes of this article, when layoffs occur rather than displace employees working an eight (8) hour shift position (day shift) will be a majority of hours between 6 a.m. and 4 p.m., evening shift will be a majority of hours from 2 p.m.-10 p.m. and night shift will be a majority of hours from 10 p.m.-6 a.m. For purposes of this article, employees working a twelve (12) hour shift position day shift will be from 6 am – 6 pm and evening shift will be from 6 pm to a lower classification6 am.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining 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
Sources: 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons22.01 The Board agrees that in the event of lay off, Notice When no employee covered by this Agreement shall be treated in a manner, which is inconsistent with the Employer determinesterms of Article 22.
22.02 The Board agrees that when a decision is made to lay off, because the Board shall, wherever possible, provide the Union with no less than thirty (30) days notice.
22.03 An employee who is to be laid off shall be provided with no less than thirty (30) days notice.
22.04 In the event of lack layoff, seniority shall be used in its reverse order, beginning with the most junior person, who shall be the first to be laid off. In the event of workrecall, lack recall shall be in direct seniority order, starting with the most senior qualified person who has been laid off. Notwithstanding the foregoing, where a layoff would cause a qualified employee to be laid off and no senior qualified replacement employee exists, such employee may be retained out of fundsseniority. No new employee shall be hired for a permanent position until all laid off employees who are qualified to perform the available work have been recalled. Whenever used in this Agreement, reorganizationthe word "qualified" or the like shall mean presently possessed of the accomplishments which enable the person to perform the work required in accordance with the Board's quality and production standards so that the person performs such work after being given general information concerning it, but does not require a trial period or a job abolishment that training period.
22.05 In the event an employee is subject to last more than one (1) year, a layoff is necessarylayoff, the Employer employee shall notify be transferred to the affected employees twenty-one (21) calendar days job held by the most junior employee in advance the employee's Classification Group, provided the employee has the necessary seniority and is qualified. If the employee is the most junior employee in the classification group, the employee shall thereby displace the most junior employee in the next lowest classification group to which the employee's seniority would otherwise be entitled, provided the employee is qualified. The employee who is thereby displaced by Article 22.05 shall be transferred to the job held by the most junior employee in the next lowest classification group to which the employee's seniority would otherwise be entitled, provided the employee is qualified. An employee who moves to a lower classification group shall be paid the rate of such lower classification group. For purposes of layoff and recall, the effective date position of Assistant Caretaker shall be listed as separate hourly categories. EG. Where an employee is displaced, the employee shall bump the most junior employee in that hourly category. In the event the displaced employee is the most junior employee in that hourly category, that employee shall bump the most junior employee in the next lowest hourly category to which the employee would be entitled by seniority. In the event of recall, an employee on layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply be recalled to layoffsthe final subsequent posting resulting from an initial vacancy.
Section 19.2 Classifications The Employer shall determine 22.06 If an employee has been informed, in which classification(s) layoffs will occur. Within each classification affectedwriting, employees by the Board that the employee will be laid off in accordance with their classification seniority for because of redundancy or closure, 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 employee may exercise 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 's right to be placed on a recall list with the Board in accordance with this Article.
22.07 Recall rights will be for a period of eighteen twenty-four (1824) months. , effective date of lay off as per 11.04(d).
22.08 When a position becomes vacant, the posting procedures outlined in Article 12, of the Collective Agreement will be implemented.
22.09 The final subsequent vacancy resulting from the completion of the posting process shall be offered to the most senior qualified person on the recall list.
22.10 If there is a recall, employees who are still an employee 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 notifiedrefuses, in writing, an offer of any changes in his address. The recalled employee shall recall, the Board will have seven (7) calendar days following the receipt of the recall notice no further obligation 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 under this Collective Agreement and the employee employee's name 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 22.11 The Board shall not hire from outside the employee under this Agreement. Employees may bump or displace bargaining unit for permanent positions unless there are no qualified 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 remaining on the recall list.
22.12 Employees on the recall list will have first opportunity to perform Casual work for the Board.
22.13 If an employee is recalled to the permanent staff from layoff within twenty-four (24) months of the date of lay off, the employee's seniority and previously accrued sick leave will be reinstated as if there was no interruption in service.
22.14 When the twenty-four (24) month recall period has expired, the employee will accrue seniority for the purpose of Article 12 - Job Posting, in accordance with Appendix “F”.
22.15 It shall be the duty of all employees and/or laid off persons to notify the Human Resources Department promptly, in writing, of any change of address. An Such change of address will be acknowledged, in writing, by the Board with a copy to the Union. If an employee who is displaced may take or laid off person should fail to do this, the Board will not be responsible for failure of a voluntary layoffnotice to reach said employee and any notice sent by the Board by registered mail to the address which appears on the Board's personnel records, when layoffs occur rather than displace of telephoned to a lower classificationthe telephone number which appears on the Board's personnel records, shall be conclusively deemed to have been received by the employee or laid off person.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
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 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons19:01 In the event of a layoff, Notice When employees shall receive notice or pay in lieu of notice as follows:
(a) Less than five (5) years’ service, a minimum of four (4) weeks;
(b) At least five (5) years and less than ten (10) years of service, six (6) weeks; or
(c) At least ten (10) years of service, eight (8) weeks.
19:02 Employees shall be laid off in reverse order of seniority.
19:03 An employee who is laid off shall be entitled to exercise her seniority to bump into any classification within the Employer determinesscope of this Agreement with the same or lower salary range, because of lack of provided she possesses the qualifications and ability sufficient to perform the required work, lack or she may choose to accept layoff. Any employee thus displaced shall have the same rights.
19:04 Notice of fundslayoff shall be given by personal service or by registered mail to the employee and a copy of the notice will be provided to the Union.
19:05 An employee who is on layoff shall not be entitled to notice of layoff when she returns to work on an incidental basis.
19:06 No new employee shall be hired to fill vacancies when employees who are eligible for recall are qualified, reorganizationable and available to fill the vacancy.
19:07 Employees on layoff are to be recalled in order of seniority. Such recall shall be made by registered mail, or and shall provide for a job abolishment that is to last more than minimum of one (1) year, a layoff weeks’ notice to report back to work. The employee is necessary, required to contact the Employer shall notify the affected employees twenty-within one (211) calendar days in advance week 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 affectedsuch notice, 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 confirming her intention to return to work and as scheduled. The employee shall have return to work within fourteen (14) calendar days following the of receipt of the notification. An employee who declines to return to a position comparable to that held prior to layoff, without reasonable cause, shall be considered terminated.
19:08 An employee recalled to work in a different classification from which she was laid off shall have the right to return to the position she held prior to the layoff should it become vacant within one (1) year of being called back and such vacancy shall not be subject to the job posting procedure.
19:09 To be eligible for recall, prior to the employee’s last shift worked, the employee must provide the Employer with her current address, and further, must inform the Employer of any address changes.
19:10 An employee who exercises her seniority rights shall be entitled to a four (4) week familiarization period. In the event that the employee cannot function effectively in the position at the conclusion of the familiarization period, she shall be placed directly onto layoff status and the person originally displaced from the position shall, if not yet recalled, be returned to the position.
19:11 Laid off employees shall be entitled to apply for job vacancies other than those to which they have recall notice in which to report for dutyrights.
19:12 Accumulated vacation entitlement shall be paid out at time of layoff, unless a different date for returning the parties agree otherwise.
19:13 Employees who are absent from work due to work is otherwise specified in the notice. If the employee does not respond within seven (7) calendar days the employee an approved leave of absence shall be removed from the recall list. If, upon recall, an employee must receive additional training, the Employer shall provide advised of layoff in accordance with this Agreement and pay for the training required to maintain his certification. The employee shall be required to complete comply with all provisions of this Agreement except that they shall not be expected to return to work prior to the training expiry of their leave of absence.
19:14 Where an employee alleges that the employee’s layoff has not been in a timely fashion established by the Employer. If the employee fails to complete the trainingaccordance with this Agreement, the employee may be removed without recourse to the grievance procedure or set forth in this Agreement shall apply except that the State Personnel Board of Review.
Section 19.4 Bumping Bumping rights will grievance shall be extended to initiated at 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 second step 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 classificationprocedure.
Appears in 2 contracts
Sources: 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 thirty (2130) 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 they are working in a capacity that keeps their OPOTA certification current, if not the layoff period shall be one year. 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; last known personal email address; and a contact attempt to the last known cellular phone number. The Employer shall be deemed to have fulfilled its obligation obligations by mailing emailing the recall notice by registered mailemployee to their last known email address, return receipt requested, and attempting a phone call to the last mailing address provided known phone number. Documented contact by any of these attempts shall constitute notice. The FOP shall also contact employee this employee within the employee. Employees shall be responsible for keeping five calendar days below to inform them of the Office notified, in writing, of any changes in his addressrecall.
Section 13.4. The recalled employee shall have seven five (75) calendar days following the receipt date of delivery of the recall notice or contact by email or phone 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 or contact by email or phone 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
Sources: 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
Sources: 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
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice A. 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 shall notify the affected employees twenty-one (21Employee(s) 14 calendar days in advance of the effective date of the layoff layoff. Employees will be notified of the Employer’s decision to implement any short-term layoff, lasting 7 calendar days or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffsless, as soon as possible.
B. Layoffs shall be determined according to the City Personnel Manual, Section 19.2 Classifications The Employer 7.0. If work performance is equal, layoffs shall determine be 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 inverse order of seniority with the least senior employee, as defined by Article 20, Sergeant being laid off first.
Section 19.3 Recall List C. Employees who are laid off shall be placed on a recall list for a period of eighteen (18) 18 months. If there is a recall, employees Employees who are still on the recall list shall be recalled, recalled in the inverse order of their layoff, provided they are presently qualified (except for updated OPOTA training) to perform the work in the classification 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 2 months of the recall. Such training will be provided at the Employer’s expense.
D. Notice of recall shall be sent to the employees Employee by certified mail or registered mailhand delivered to the Employee’s last known residence. 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 in writing by the employee. Employees shall be responsible for keeping the Office notified, in writing, of any changes in his address. Employee.
E. The recalled employee Employee shall have seven (7) 5 calendar days following the date of receipt or attempted delivery of the recall notice to notify the Employer of his the intention to return to work and shall have fourteen (14) 14 calendar days following the receipt or attempted delivery 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 .
F. For the employee does not respond within seven (7) calendar days the employee purposes of this Article, seniority shall be removed from computed on 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 basis 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 uninterrupted length of continuous full-time service 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 rank of Sergeant in 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 classificationCenterville Police Department.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons24.01 A layoff is defined as the elimination of a Bargaining Unit position or in the case of full-time employees, Notice When an ongoing reduction in regularly scheduled hours of work for a Bargaining Unit position. For the Employer determines, because purpose of lack of work, lack of funds, reorganization, or this Article “ongoing reduction” shall be defined as a job abolishment that is to last reduction in hours for more than one (1) year, month in a layoff twelve (12) month period.
24.02 The provisions of this Article shall not apply when an employee’s appointment is necessaryexpired and is not renewed.
24.03 In the event of layoffs, the Employer shall notify University will identify the affected employees twenty-one (21bargaining unit position(s) calendar days to the bargaining unit and the affected members in writing. The Parties shall meet in advance of the effective date layoff(s) to discuss options to minimize the impact of layoffs and bumping. If the Parties do not agree the University shall have the right go layoff the affected employee(s) following the provisions of Article 24.04.
24.04 Members who are laid off will be given the following opportunities in the following order:
a. The affected member will be given a preference in hiring over external candidates for any Bargaining unit position posted at the time of layoff or job abolishmentwhich the effected member is qualified. The Employer may utilize a qualified member on layoff to temporarily fill a vacancy during the posting process;
b. If there is no such position available, the affected member will be entitled to bump the most junior Bargaining Unit member who holds a bargaining unit position for which the effected member is qualified;
c. If there is no other Bargaining Unit member who is junior to the affected member and who holds a position for which the affected member is qualified, the affected member will be given preference in hiring for any bargaining unit position that is subsequently posted and for which the affected employee is qualified. It is understood and agreed that no the provisions of Civil Service Law or rules Article 24.04 (c) shall only apply to layoffswhile the affected member maintains rights of recall (see Article 24.07).
Section 19.2 Classifications The Employer 24.05 A member who has been laid off and unwilling to displace another member shall determine be entitled to rights of recall in which classification(s) layoffs will occur. Within each classification affected, employees will accordance with Article 24.07.
24.06 A member who is to be laid off shall be given notice as set out in the Employment Standards Act. The University may elect to pay an amount equivalent to the notice period in lieu of notice.
24.07 Members who have been laid off or bumped shall have the right to be recalled for twenty-four (24) months from the date of layoff.
24.08 Members who maintain rights of recall and accept a permanent position at the University shall lose their rights of recall.
24.09 If a member’s recall rights expire in accordance with their classification seniority for Article
24.07 the classifications affected by the layoff. The employee(s) with the least classification seniority as defined in Article 20 University will be laid off first. Bumping or displacement will also occur pay severance in accordance with the employee’s seniority with the least senior employee, as defined by Article 20, laid off firstEmployment Standards Act.
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 2 contracts
Sources: Collective Agreement, Collective 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
Sources: Collective Agreement, Collective 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
Sources: 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, . In case a layoff of bargaining unit employees is necessaryanticipated, the Employer shall will notify the affected employees twenty-one Union fourteen (2114) calendar days in advance of the effective date pending layoff. Upon the request of the layoff or job abolishment. It is understood Union, the Employer and agreed that no provisions of Civil Service Law or rules the Union shall apply meet, as soon as reasonably possible, to layoffsdiscuss possible alternatives.
Section 19.2 Classifications The 2. Layoffs may be due to lack of work or funds, or as a result of position abolishments for reasons of economy and efficiency; the Employer shall determine in which classification(sclassifications and statuses (full-time or part-time) the layoffs will occur. Within each affected classification affectedand status, bargaining unit employees will be laid off in accordance with their classification seniority for the classifications affected by the layofffollowing manner:
A. Newly hired probationary employees.
B. All other bargaining unit employees (promotional probationary employees and non- probationary employees). The employee(s) with the least classification seniority as defined in Article 20 will Newly hired probationary employees may be laid off firstby the Employer without regard to the length of their individual periods of employment. Bumping or displacement will also occur in accordance with the employee’s seniority with the least senior employee, as defined by Article 20, All other employees shall be 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 layoffclassification seniority as defined in this agreement. Furthermore, the Employer agrees to layoff any casual or temporary employees who perform bargaining unit work before the Employer will layoff any bargaining unit employee.
Section 3. Any employee receiving notice of layoff shall have two (2) working days, following receipt, in which to exercise his right to bump a less senior employee (Sheriff’s Office seniority) in a lower classification and within the same classification series, provided the more senior employee possesses the skill, ability, and qualifications to perform the work without further training. Any employee who is bumped from his position shall have two (2) working days in which to exercise his bumping rights in a similar manner. Any employee who does not have sufficient seniority and/or skill, ability, and qualifications to bump another employee within the same classification series shall be laid off and placed on the appropriate recall list (see Appendix C for classification series). Furthermore, the parties agree that a full-time bargaining unit employee may bump a part-time bargaining unit employee, with less seniority, in the manner outlined above. However, no part-time employee shall be permitted to bump a full-time employee.
Section 4. The Employer shall recall employees according to their classification seniority, beginning with the most senior employee in the classification and status, and progressing to the least senior employee in the classification and status, up to the number of employees to be recalled. An employee shall be eligible for recall for a period of twelve (12) months— providing he remains able to perform the essential functions of the position. If an employee refuses recall, he shall lose all recall rights.
Section 5. Notice of recall shall be sent to the employees employee by certified or registered mail, return receipt requested, with a copy given to the Union. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mailnotice, return receipt requestedas provided herein, 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 6. It is 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 intent of the Sheriff’s Office who previously worked parties that the terms and conditions of this article specifically preempt and prevail over the statutory rights of bargaining unit employees as set forth 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 classificationRevised Code sections 124.321 through 124.328.
Appears in 2 contracts
Sources: 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
Sources: 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 1. When the Employer determinesdetermines that a decrease in the work force is needed, because bargaining unit employees shall be laid off in the reverse order of lack seniority (e.g., the employee with the least amount of workseniority shall be the first to be laid off). When recalled to work from a layoff, lack of funds, reorganization, or a job abolishment that is employees shall be recalled to last more than one work by seniority (1) year, a layoff is necessarye.g. the laid off employee with the most seniority shall be the first employee to be recalled).
Section 2. When employees are laid off, the Employer shall notify the affected employees twenty-one (21) calendar days in advance of the effective date of the layoff or job abolishmentcreate a recall list. 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, recall employees will be laid off in accordance with their classification seniority for the classifications affected by the layofffrom layoff as needed. The employee(s) Employer shall recall such employees according to seniority, beginning with the least classification seniority as defined in Article 20 will most senior employee up to the number of employees to be laid off firstrecalled. 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 An employee shall be placed on a eligible for recall list for a period of eighteen two (182) monthsyears from the date of layoff. If there is a recallWhen the Employer recalls persons off the list, employees who are still on the recall list they shall be recalledrecalled to their previous position, in but not necessarily to the inverse order of their layoffshift on which they were working when
Section 3. Notice of recall from a layoff shall be sent to the employees employee by certified or registered mail, with a copy sent to the OPBA Staff Representative. The Employer shall be deemed to have fulfilled its obligation obligations by mailing the recall notice by certified or registered mail, return receipt requested, to the last mailing address provided by the employee.
Section 4. Employees shall be responsible for keeping In the Office notifiedcase of a layoff, in writing, of any changes in his address. The the recalled employee shall have seven five (75) calendar days following the date of receipt of the recall notice to notify the Employer of his intention to return to work and shall have fourteen ten (1410) 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 All mailings shall be removed from the recall list. Ifby registered mail, 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 Reviewreturn receipt requested.
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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsA. The Association and the Board agree that the following conditions may necessitate a reduction in professional teaching staff.
(1) Financial crisis in the district;
(2) Substantial reduction in student enrollment.
B. Should layoff of professional staff seem likely, Notice When the Employer determinesAssociation shall be contacted immediately. Possible alternatives to resolution of the crisis shall be discussed. If layoff of teachers is deemed necessary, because the following shall be used:
(1) Teachers who may be laid off shall be given at least sixty (60) days notice, except in the case of lack financial crisis.
(2) Seniority for all purposes under this Agreement, shall be defined as length of workunbroken service within the bargaining unit from the first date of work within the bargaining unit. All bargaining unit seniority is lost when employment is severed by resignation, lack retirement, and/or by discharge for cause. Previously accumulated seniority within the bargaining unit is retained, but no additional seniority will accumulate during any period when a former bargaining unit member is employed in a supervisory/administrative non-bargaining unit position. Neither layoff nor the taking of fundsapproved leave, reorganizationas provided under this Agreement, or shall constitute a job abolishment that is to last break in service and seniority will accumulate during such periods.
(3) Seniority lists shall be mutually agreed upon by the representative of the Association and the Board. It will then be placed on teacher's bulletin boards for fifteen (15) days. If there are no corrections by the teachers, the seniority list shall stand as posted. THE EMPLOYER SHALL UPDATE, PUBLISH AND POST THE SENIORITY LIST ANNUALLY BY OCTOBER 15 OF EACH SCHOOL YEAR. In the circumstances of more than one (1) year, a layoff is necessary, individual having the Employer shall notify the affected employees twenty-one (21) calendar days in advance of the same effective date of employment, all individuals so affected will participate in a drawing to determine placement on the layoff or job abolishmentseniority list. It is understood The Association and agreed teachers so affected will be notified in writing of the date, place and time of the drawing. The drawing shall be conducted openly and at a time and place that no provisions of Civil Service Law or rules shall apply will reasonably allow affected teachers and Association representatives to layoffsbe in attendance.
Section 19.2 Classifications The Employer (4) Those teachers at the bottom of each list 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 order, to the classifications affected degree dictated by the layoff. The employee(scrisis.
(5) with the least classification seniority as defined Only if a teacher would be required to teach in Article 20 will an area for which he/she is not so certified on a provisional, permanent, continuing or life certificate may he/she be laid off first. Bumping or displacement will also occur called back out of order.
(6) Teachers shall be called back in accordance with reverse order, the employee’s seniority with the least senior employee, as defined by Article 20, last laid off firstthe first called back, and so on, according to the seniority list.
Section 19.3 Recall List Employees who are (7) All teachers shall maintain their sick leave benefits and seniority upon re-entrance to the system.
(8) Notifications of a recall shall be in writing with a copy sent to the Association. The notification shall be sent by certified mail to the bargaining unit member's last known address. It shall be the responsibility of each bargaining unit member to notify the Board of any change of address.
(9) A laid off bargaining unit member shall be placed on considered laid off until he/she is reinstated in the District. Refusal of an offer from the board of a recall list position for which the laid off bargaining unit member is certified/licensed, or failure to respond within thirty (30) days of the receipt of a written offer of a position made by the Board shall be cause for termination.
(10) A laid off bargaining unit member may continue his/her health, and/or life insurance benefits by paying monthly the normal per subscriber group rate for such benefits.
(11) During 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 trainingimpending layoffs, the Employer shall provide and pay Board agrees to grant all requests for the training required voluntary leaves of absence 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 Reviewbargaining unit members who make such requests.
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
Sources: Master Contract, Master Contract
Layoff and Recall.
3.1 Seniority for the purpose of layoff and recall, is pursuant to Article V, Section 19.1 Reasons1.1 of this Agreement. Accumulation of seniority within the bargaining unit shall begin on the employee’s first working day.
3.2 All employees shall have a seniority date which shall reflect her/his most recent date of hire into the bargaining unit by the District and shall herein be called the “hire date”.
3.3 The District shall prepare and maintain the seniority list. A copy of the seniority list and subsequent revisions shall be furnished to the Association.
3.4 Laid off employees shall be entitled to all accrued vacation benefits.
3.5 Layoff shall be defined as a necessary reduction in the work force beyond the normal attrition.
3.6 In the event of a necessary reduction in work force the District shall first layoff the least senior employees. In no case shall a new employee be employed by the District when there are laid off employees who are qualified for a vacant or newly-created position.
3.7 In the event of layoff, Notice When the Employer determinesDistrict shall provide written notice to all affected employees and the Association, because as early as possible, but no later than August 1 of lack the school year preceding the year in which layoff would be affected.
3.8 In the event of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) yearindividual employee having the same seniority ranking, all employees so affected shall participate in a layoff is necessary, drawing by lot to determine position on 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 layoffsseniority list.
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will 3.9 Employees that are 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 in the employment pool. Employees to be placed in the pool shall be those with the least seniority. Any request for a period of eighteen (18) monthspool status by the employee shall be granted. If there is a recallEmployees shall not be “bumped” or reduced in seniority ranking by school employees that are not represented by the Association.
3.10 A laid off employee shall, employees who are still upon application and at his/her option, be granted first priority status on the recall substitute list according to his/her seniority. Laid off employees may continue their basic benefits insurance by paying the regular monthly per subscriber group rate premium for such benefits to the District, subject to carrier approval and limitations of COBRA.
3.11 Laid off employees shall be recalled, recalled in the inverse reverse order of their layoff. Notice layoff to any position for which they are qualified.
3.12 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 District’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. Employees shall be responsible for keeping ’s responsibility to keep the Office notified, in writing, of any changes in his District notified as to his/her current mailing address. The A recalled employee shall have seven be given at least ten (710) calendar days following the from receipt of the recall notice to notify the Employer of his intention to return to work notice, excluding Saturdays and shall have fourteen (14) calendar days following the receipt of the recall notice in which Sundays, to report to work. The District may fill the position on a temporary basis by use of a substitute until the recalled employee can report for duty, unless a different date for returning to work is otherwise specified in the notice. If the work.
3.13 An employee does not respond within seven (7) calendar days the employee who declines an offered position shall be removed from the re-employment pool providing such offered position is not less than the number of hours and number of days served prior to layoff.
3.14 Employees on layoff shall retain their seniority for purpose of recall listfor a period of two (2) years.
3.15 Probationary bargaining unit members shall have no seniority until the completion of the probationary period. IfAt the completion of the probationary period, upon recall, an employee must receive additional training, the Employer seniority 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 revert to the grievance procedure or the State Personnel Board first day 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
Sources: 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
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the 1. The Employer determines, because of may layoff employees in either or both bargaining units for lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, abolishment.
Section 2. In case a layoff of bargaining unit employees is necessaryanticipated, the Employer shall will notify the affected employees twenty-one Union fourteen (2114) calendar days in advance of the effective date of the layoff or job abolishmentpending layoff. 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 If requested 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 Union within seven (7) calendar days of issuance of notice, the Employer and the Union shall meet to discuss possible alternatives.
Section 3. In the event of layoff within a classification, the employee with the least agency seniority shall be removed placed on layoff first. Employees may first use their agency seniority to displace bargaining unit employees (bargaining unit of the laid off employee) in lower level positions within their classification series, and then to fill any vacant position within the applicable bargaining unit for which they qualify. Recall from layoff shall be in reverse order of layoff. Employees may only be recalled to positions within the recall listapplicable bargaining unit for which they have the necessary training and qualifications.
Section 4. If, upon recall, an employee must receive additional trainingIn the event of the closing of a facility resulting in loss of bargaining unit jobs, the Employer shall provide and pay for thirty (30) calendar days’ notice to the training required to maintain his certificationUnion. The employee shall be required Union may request a meeting with the Employer during the thirty (30) day period to complete enter into negotiations to address the economic issues impacting employees as a result of the layoff, including placement of employees scheduled for layoff into existing vacancies elsewhere in the agency, and to resolve issues of 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 Reviewand qualifications for such positions.
Section 19.4 Bumping Bumping rights will be extended to the employee under this Agreement5. Employees who occupy positions which are created from and funded by a federal or state grant do not fall within either bargaining unit and may bump or displace be laid off without recourse when the funding from the grant terminates. Such employees shall be notified in other classifications so long as writing of their status at 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 time 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 classificationhire, 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 Union shall be laid offprovided with a copy of the notice. Employees displaced shall However, grant employees may be placed on considered for vacancies within either bargaining unit as an “internal”(inside of the recall list. An employee who is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationagency) applicant.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When Should it become necessary for the Employer determines, because to reduce the size of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a layoff is necessarythe workforce, the Employer shall notify the affected Union at the earliest possible opportunity but in no event less than fourteen (14) days prior to the layoff. Layoffs shall be by inverse order of seniority within each home county/operation by classification, beginning with probationary employees twentyand followed by part-one time employees. As positions become available, qualified employees shall have the right to be recalled within six (216) calendar months from the date of layoff beginning with the most senior employee in the classification. Employees recalled to employment shall be sent a certified letter announcing such recall. Recalled employees who fail to respond within fourteen (14) days in advance of from the effective date of the layoff recall letter or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply refuse a recall to layoffs.
Section 19.2 Classifications The Employer shall determine in which classification(s) layoffs will occur. Within each their former 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 considered to have waived their recall list for a period of eighteen rights. After 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 have not received 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 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 may notify the Employer of his intention their continued interest in reemployment. Such employees shall be given priority and reemployed as openings occur within their classifications for an additional six (6) months, beginning with the most senior employee within the classification. Employees recalled from layoff within six (6) months from the date of layoff shall be reinstated to return to work a position in their former classification and shall have fourteen (14) calendar days following all benefit levels restored as if they had not left. Such employees will have health benefits restored effective the receipt first day of the recall notice month immediately after the month in which they return 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 Agreementwork. 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.recalled after six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons10:01 In the event of a layoff, Notice When employees shall receive four (4) weeks notice or pay in lieu of such notice. Written notice shall be given by personal service or registered mail to the Employer determines, because of lack of work, lack of funds, reorganization, or employee(s) concerned and 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 copy of the effective date of notice shall be forwarded to the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffsUnion.
Section 19.2 Classifications The Employer shall determine 10:02 In the event of a reduction in which classification(s) layoffs will occur. Within each classification affectedthe work force, employees will be laid off in accordance with reverse order of seniority within their classification occupational grade. When reducing staff, senior employees may exercise their seniority for to displace a less senior employee in an equivalent or lower grade provided the classifications affected by employee has a satisfactory work record, possesses the layoff. The employee(s) with qualifications, and meets the least classification seniority as defined physical requirements of the position in Article 20 will question.
10:03 No new employee shall be hired until those laid off first. Bumping or displacement will also occur have been given an opportunity to bid on vacated positions as per Article 8:02 of the Collective Agreement.
10:04 Employees laid off in accordance with Article 10:01 shall be recalled by order of seniority to available positions in equal or lower paid occupational grade/classification provided they are qualified to perform the employee’s seniority required work.
10:05 To be eligible for recall, prior to the employee‟s last shift before being placed on layoff status, the employee must provide the Employer with their current address, and further, during the layoff period, must inform the Employer immediately of any address changes.
10:06 As per Article 10:05 above, the employee must communicate 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 of his notice of recall being delivered to his recorded address. Further, the employee shall must be removed from prepared to begin work 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 time designated by the Employer. If .
10:07 The right of a person who has been laid off to be rehired under this Agreement will be forfeited and shall be considered terminated in the employee following circumstances:
(a) if the person did not communicate with the Employer as specified in Article 10:06.
(b) if the person did not report to work when instructed to do so and fails to complete the training, the employee may be removed without recourse provide a written explanation satisfactory to the grievance procedure or the State Personnel Board of ReviewEmployer.
Section 19.4 Bumping Bumping rights will be extended to (c) a twenty-four (24) month period has elapsed since 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 date 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.as per Article 8:04 (d)
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines, because of 1. A layoff shall only result from a lack of work, lack of funds, reorganization, or job abolishment.
Section 2. When the Employer determines that a long-term layoff or job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer it shall notify the affected employees twenty-one employee twenty (2120) 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 layoffs.the
Section 19.2 Classifications 3. 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 seniority. A senior employee who is laid off may first elect to bump into any vacant position, or should the vacant position(s) be filled by other bumping employees, the employee shall then displace the employee in the same classification seniority for the classifications affected by the layoff. The employee(s) with the least classification seniority as defined in Article 20 will agency seniority. Should there not be laid off first. Bumping or displacement will also occur in accordance with an opportunity to bump within the employee’s seniority with classification, the employee may displace the least senior employeeemployee in a lower pay grade position, provided that the employee meets the established minimum qualifications for the position and no additional training is required. For purposes of this section, a short orientation period of one (1) week or less shall not be considered as defined by Article 20, laid off firstadditional training.
Section 19.3 Recall List 4. Employees who are laid off shall be placed on a recall list for a period consistent with the provisions of eighteen (18) monthsArticle 24, Seniority. 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 No new employees 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 mail, return receipt requested, to the last mailing address provided hired 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 (7Employer into a classification(s) 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 affected by 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 layoff while there are 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 listlist for that classification(s). An employee who is displaced may take on a voluntary layoffrecall list shall be given first consideration for vacancies that occur, when layoffs occur rather than displace provided they are qualified to a lower classificationperform the work.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Negotiated: 8/1/2013 Negotiated: 11/1/2008 Negotiated: 8/1/2006 Negotiated: 9/27/2003
Section 19.1 Reasons1. The Agency, Notice When at its discretion, shall determine whether layoffs are necessary. Although not limited to the Employer determinesfollowing, because of layoffs shall ordinarily be for change in program direction, lack of 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 will be laid off in the following order:
A. Temporary employees;
B. Trial service employees based upon their date of hire; and
C. In the event of further reductions in force, employees will be laid off from the affected classification in accordance with their classification seniority for qualifications and abilities to perform the classifications affected essential functions of their current positions. Qualifications and abilities shall be determined by the layoffjob description for each position subject to layoff under “Education, Certification/Accreditation, Experience, Essential Skills, Essential Mental Abilities, and Essential Physical Requirements”. The employee(s) with Management reserves the least classification right to determine qualifications and abilities of employees to best serve children and families. Where qualifications and ability to perform the essential functions of a position are, among the employees concerned, equal, 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 firstARTICLE 18 shall govern.
Section 19.3 Recall List 2. Employees who are laid off shall be placed on a recall list for a period of eighteen one (181) monthsprogram year. If there is a recallposition in the job classification from which the employee was laid off becomes available, employees from that job classification who are still on the recall list shall be recalled, recalled and offered the available position in the inverse order of their layoff, provided they are presently qualified to perform the work in the position to which they are recalled, as the position is described in the current job description.
Section 3. Notice If an employee is recalled to a position in a lower-rated job classification, he/she shall have the right to return to the job classification he/she held prior to being laid off in the event it subsequently becomes available. The Agency shall not hire new 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 are willing to be recalled to said classification.
Section 4. Employees who are eligible for recall shall be given immediate notice of recall, by phone and notice of recall shall be sent to the employees employee by certified or registered first-class mail, with electronic notification to the Union. The Employer shall be deemed employee must notify human resources of his/her intention to have fulfilled its obligation by mailing the recall notice by registered mailreturn as quickly as possible, 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 but no later than seven (7) calendar days following from the receipt of date the recall notice is postmarked. The Agency shall have fulfilled its obligations by calling the phone number and mailing the recall notice to notify the Employer of his intention to return to work information provided by the employee. It is the obligation and shall have fourteen (14) calendar days following the receipt responsibility of the recall notice in which employee to report for duty, unless a different date for returning to work is otherwise specified in provide human resources 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 most current 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 Reviewaccurate contact information.
Section 19.4 Bumping Bumping rights 5. Employees involuntarily assigned to a position which results in a reduction in hours and/or loss of benefits will be extended notified as soon as possible of such position placement and will receive no less than thirty (30) days notice of termination of benefits. Affected employees are eligible for recall in accordance with the provisions of this article, to a position with increased hours and/or reinstatement of benefits provided they are presently qualified to perform the employee under this Agreement. Employees may bump or displace employees in other classifications so long essential functions of the position, as the employee previously worked it is described 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 classificationcurrent job description.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsA. The UNION recognizes the exclusive right of the BOARD to determine personnel reductions. Layoff shall take place by classification within the unit according to need as determined by the BOARD. The least senior employee in the affected classification shall be laid-off. The BOARD shall not post or hire new personnel until all members on layoff have been recalled. Members on layoff who are recalled must meet the requirements of the posted position.
B. Unit Classifications Bus Monitors/Crossing Guards/Parking Lot Hall Monitor High School Guard In-House Suspension Monitors Instructional NCLB (No Child Left Behind) Para-professional Remedial Specialists Temporary Remedial Specialists
C. The employee shall have the right to bump the least senior employee within the same classification. In the event that the employee is the least senior employee in that classification, Notice When the Employer determinesemployee may bump individuals in a lower classification if they have greater district seniority and applicable qualifications as listed on the current job posting. In the event that two or more employees have the same exact seniority date the BOARD reserves the right to break all ties at its sole discretion. A meeting will take place with all employees affected by the bump, because the Executive Director of lack Human Resources and the President of work, lack the Union (or their designees) within forty- eight (48) hours of funds, reorganization, or the bump being finalized.
D. Employees may not bump any employee who has a job abolishment schedule that is to last exceeds their own by more than one five (15) year, hours per week (average weekly schedule) regardless of classification. The bump must be completed within a layoff is necessary, the Employer shall notify the affected employees twenty-one two (212) calendar days in advance week period of the effective date employee being notified that their job is being eliminated. The two (2) week time period may be extended if so agreed upon by the Union President and the Executive Director of Human Resources.
E. During layoff, neither wages nor fringe benefits will be paid, nor will sick days or wage increments or seniority accrue, but upon recall, unused sick days and seniority held at the start of the layoff or job abolishmentshall be reinstated.
F. In the event an employee on layoff is provided a notice of recall and does not notify the BOARD in writing of his/her acceptance within five (5) work days, then such employee will have no further recall rights unless approved by the Executive Director of Human Resources. It is understood and agreed that no provisions it is the responsibility of Civil Service Law or rules shall apply the employee to layoffskeep the BOARD notified of his/her current address.
Section 19.2 Classifications 1. The Employer shall determine five (5) day limitation 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 has to notify the Employer BOARD of his intention his/her acceptance, as set forth in Article VI, Section 6.08, Subsection C, may be waived by mutual written agreement between the UNION and the BOARD.
2. A laid off employee may accept the layoff and decline to return bump if the position to work which the employee could bump is one that would result in movement from a position of 20 or more hours per week to a position of less that 20 hours per week. Such an employee may remain on layoff until a position of 20 or more hours opens, or until recall rights have otherwise terminated or expired.
3. Any employee who bumps an individual in a different job title will be considered to be on a trial period for forty-five (45) working days. After the trial period the appropriate supervisor may cancel the bump and restore the original employee to the job.
4. Classification shall be used for the purposes of layoff and 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 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 used 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 purposes of defining or the State Personnel Board of Reviewlimiting job responsibilities.
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
Sources: 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 in advance of the effective date of the layoff or job abolishment. It is understood : Layoffs 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 recalls will be laid off in accordance with their classification based upon seniority for within the classifications affected by the layoffbargaining unit. The employee(s) employee with the least seniority in the classification seniority as defined in Article 20 which the reduction of work occurs will be laid off first. Bumping An employee laid-off from his/her classification may exercise his/her District seniority to displace the least-senior employee in the same or displacement any lower rated classification, on a District-wide basis, whose duties the employee is capable of performing, or accept a voluntary layoff. Employees displaced under this procedure may, likewise, displace other employees on the same basis or accept a voluntary layoff.
a. Employees who exercise their seniority under this section will also occur be paid at the rate of the classification to which they are assigned. The employee will drop back to a rate comparable to his/her seniority and the classification to which the employee is assigned.
b. Employees who exercise their seniority under this section will be returned to their previous positions before any other laid-off employees with less seniority, in accordance with the employee’s seniority with classification from which the least senior employeeemployee was laid-off, as defined by Article 20, laid off firstare recalled.
Section 19.3 Recall List 2: Employees who are laid laid-off shall be given two (2) working week’s written notice prior to the effective date of layoff and will be placed in seniority sequence, at the top of the employment and substitute lists. Employees recalled before they have lost their seniority, shall be returned on a recall list the same step of the Wage Schedule, unless the employees have completed the year, in which instance the employees will automatically be eligible for a period the next increment, if applicable. All sick and accumulated benefits will be restored upon recall.
Section 3: Recall shall be in reverse order of eighteen (18) monthslayoff. If there is a In the event of 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 given two (2) week’s notice of recall to work, mailed 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 certification. The employee shall be required to complete the training in a timely fashion established by the Employeremployee’s last known address. If the an employee fails to complete report to work within two (2) weeks from the trainingdate of mailing of the notice of recall, it shall be considered a resignation and the employee may be removed without recourse to the grievance procedure or the State Personnel Board of Reviewshall lose all seniority.
Section 19.4 Bumping Bumping rights 4: The total amount of unemployment compensation paid to less than twelve (12) month employees, who are laid-off during July, August and September, will be extended paid back to the employee under this Agreement. Employees may bump or displace employees in other classifications so long as Board by 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 recalled 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 classification18 equal installments.
Appears in 2 contracts
Layoff and Recall. Section 19.1 Reasons, Notice SECTION 1. When the Employer determines, because of determines that a layoff is necessary due to lack of work, lack of funds, reorganization, or a job abolishment that is (permanent deletion of a position/job function) due to last more than one (1) yeara lack of funds, a layoff is necessary, the Employer shall notify the affected employees twenty-one shall be notified at least ten (2110) calendar days in advance of the effective date of layoff. The Employer, upon request from the F.O.P., agrees to discuss with a representative of the F.O.P., 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 the bargaining unit employees.
Section 19.2 Classifications SECTION 2. The Employer shall determine in which classification(s) layoffs will occurwithin what classifications layoff shall be made. Within each classification affected, employees Employees will be laid off in accordance with their departmental seniority within the classification seniority for the classifications affected by the layoff. The employee(s) with the least senior employee being laid off first. Any employee receiving a notice of layoff shall have five (5) calendar days following receipt of such notice in which to exercise his right to bump a less senior employee in the next lower classification. The Employee bumping shall receive the top pay scale of the lower classification seniority as defined described in Article 20 29. All temporary, intermittent, part-time, and seasonal employees in the classification 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 firstbefore full-time employees.
Section 19.3 Recall List SECTION 3. Employees who are laid off shall be placed on a recall list for a period of eighteen two (182) monthsyears. If there is a recall, employees who are still on the recall list shall be recalled, recalled in the inverse order of their layoff, provided they are presently qualified to perform the work in the work section in 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 training required in this section shall be at the Employer's expense.
SECTION 4. Employees reinstated in the same classification from which the layoff occurred shall be paid at the same pay scale at which he was making at the time of layoff without loss of any seniority or increases. Employees reinstated to a lower classification shall receive the top pay scale for that classification. Full-time employees with recall rights shall be given the right to reinstatement before any temporary, intermittent, part-time or seasonal employee may be reinstated or hired.
SECTION 5. Notice of recall shall be sent to the employees employee by certified or registered mail. mail with a copy to the F.O.P. 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 6. The recalled employee shall have seven (7) calendar days following the date of receipt of the recall notice to notify the Employer of his intention to return to work and work. The employee shall have fourteen (14) calendar days following the receipt of the recall notice in which after notification to report for duty, return to work unless a different date for returning time is agreed to work is otherwise specified in the notice. If by the employee does not respond within seven (and Employer.
SECTION 7) calendar days the employee shall be removed from the recall list. If, upon recall, an employee must receive additional training, the The Employer shall provide and pay not contract out any bargaining unit work for the training required to maintain his certification. The employee shall be required to complete the training classifications listed in Article 2, Section 2 that would cause 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 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsThe Agency shall determine whether a layoff shall occur, Notice When the Employer determinestiming of the layoffs, because the number of employees to be laid off, and in which classification layoffs will occur. A reduction in the number of hours scheduled in a workweek for some or all employees shall not constitute a layoff. Employees may be laid off as a result of a lack of work, lack of funds, reorganization, or job abolishment. The determination of a lack of funds, lack of work, need for re-organization or job abolishment that rests solely within management's rights and is not subject to last more than one (1) year, a layoff is necessarythe grievance procedure.
Section 19.2 When possible, the Employer shall Agency will notify the Union and each affected employees twenty-one employee to be laid off at least fourteen (2114) calendar days in advance advance. When possible, the Agency will notify the Union of planned layoffs prior to notification of the effective date affected employees and the parties will meet to discuss the situation and determine if there is any way to avoid some or all 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 19.3 Whenever a reduction in the work force occurs, bargaining unit employees shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will be laid off based upon their seniority in accordance with their classification seniority for the classifications affected classifications. A less senior employee who is bumped by the layoff. The employee(s) a senior employee due to a lay-off or due to a senior employee returning from disability status and who cannot retain a route with the least classification same or a similar number of work hours per week may use his or her 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 to bump the least senior employee in another classification for which the employee is otherwise qualified with the same or a most similar total number of hours worked per week. If another employee is bumped in this fashion, he or she will in tum have the same bumping rights as above until the least senior employee in the bargaining unit is unable to bump any other employee, . This least senior employee will then be placed on a layoff list as defined by Article 20, laid off first.outlined in Section 19.4
Section 19.3 Recall List Employees who are 19.4 An employee laid off shall be placed on a recall list for a period of eighteen one (181) monthsyear. If there is a recallrecall occurs in the classification the employee held at the time of layoff, employees who are still on the recall list shall be recalled, recalled in the inverse reverse order of their layoff. Laid off employees are required to maintain the minimum qualifications of the available position, including but not limited to all required credentials, certifications, registrations, or licensures, to be eligible for recall.
Section 19.5 Notice of recall shall be sent to the employees employee by certified or registered mail. The Employer Agency shall be deemed to have fulfilled its obligation by mailing the recall notice by registered certified mail, return receipt requested, to the last mailing address the employee provided by to the Agency in writing. It shall be the employee's responsibility to keep the Employer and Union informed as to the correct address and telephone number. Employees All address and telephone numbers shall be responsible for keeping immediately submitted to Employer and the Office notified, in writing, of any changes in his address. Union.
Section 19.6 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 date of certified mailing 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 listwork. An employee who fails to report for duty within the fourteen (14) days shall be considered to have resigned from employment.
Section 19.7 Employees outside the bargaining unit may not displace into a bargaining unit position unless all previously laid-off bargaining unit employees have already been offered a bargaining unit position. Similarly, bargaining unit employees affected by a layoff may not displace non-bargaining unit employees.
Section 19.8 Employees who are laid off will continue to receive health insurance benefits on the same basis as active employees for the remainder of the week during which the lay-off occurred, to the extent that such continuation coverage is displaced may take a voluntary layoff, when layoffs occur rather than displace to a lower classificationpermitted by the insurance carrier.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons28.01 It is recognized that job security should increase in proportion to seniority. Therefore, Notice When in the Employer determinesevent of layoff in a particular classification, because the employee in the affected classification who has the least bargaining unit wide seniority will be given notice of lack intended layoff provided the retained employee(s) has a satisfactory performance review. Prior to the layoff of workpermanent employees, lack of funds, reorganization, or a job abolishment that temporary employees in the same classification shall be laid off first.
(a) If an employee is to last more than one (1) year, a layoff is necessarybe laid off, the Employer shall notify the affected employees twenty-one must give notice in writing at least ten (2110) calendar working days in advance of prior to the effective date of the layoff or job abolishment. It is understood and agreed that no layoff.
(b) An employee who has not had the opportunity to work their scheduled hours of work during the notice period, the employee shall be paid for the days for which work was not made available.
(c) The provisions of Civil Service Law or rules shall Article 28.02(b) do not 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 employeeArticles 15.02, as defined by Article 20, laid off first17.08 and 17.09.
Section 19.3 Recall List Employees who 28.03 When employees are laid off off, they shall be placed on a recall list for a period of eighteen six (186) months. If there is a recall, employees who are still on the recall list months and shall be recalled, recalled in the inverse reverse order of their layoff. Notice of recall layoff within the classification.
28.04 An employee 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 recalled by registered letter, electronic mail, return receipt requestedor by personal contact from the Employer, to and 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 twenty-four (724) calendar days following the hours from receipt of the recall notice letter, electronic mail or personal contact to notify advise the Employer of his intention to return to work and shall have fourteen (14) calendar days following if the receipt of the recall notice in which to report for duty, unless a different date for Employee will be returning to work work. The employee recalled and the Employer shall then determine the effective date of recall. Employees are responsible for leaving their current contact information with the Employer, which contact information shall be relied upon by the Employer in effecting recall.
28.05 An employee who is otherwise specified in recalled shall be entitled to retain previous service time with the notice. If Employer for the employee does not respond within seven (7) calendar days purpose of calculating vacation entitlement after the date of recall and the employee shall be removed from entitled to retain and use, in accordance with the recall list. If, upon recall, an employee must receive additional training, provisions of 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 Collective Agreement, and other employees any unused sick leave credits accumulated at the time 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
Sources: 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 (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
Sources: 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons28.01 It is recognized that job security should increase in proportion to seniority. Therefore, Notice When in the Employer determinesevent of layoff in a particular classification, because the employee in the affected classification who has the least bargaining unit wide seniority will be given notice of lack intended layoff provided the retained employee(s) has a satisfactory performance review. Prior to the layoff of workpermanent employees, lack of funds, reorganization, or a job abolishment that temporary employees in the same classification shall be laid off first.
(a) If an employee is to last more than one (1) year, a layoff is necessarybe laid off, the Employer shall notify the affected employees twenty-one must give notice in writing at least ten (2110) calendar working days in advance of prior to the effective date of the layoff or job abolishment. It is understood and agreed that no layoff.
(b) An employee who has not had the opportunity to work their scheduled hours of work during the notice period, the employee shall be paid for the days for which work was not made available.
(c) The provisions of Civil Service Law or rules shall Article 28.02(b) do not 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 firstArticles 15.02 and/or 17.09.
Section 19.3 Recall List Employees who 28.03 When employees are laid off off, they shall be placed on a recall list for a period of eighteen six (186) months. If there is a recall, employees who are still on the recall list months and shall be recalled, recalled in the inverse reverse order of their layoff. Notice of recall layoff within the classification.
28.04 An employee 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 recalled by registered letter, electronic mail, return receipt requestedor by personal contact from the Employer, to and 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 twenty-four (724) calendar days following the hours from receipt of the recall notice letter, electronic mail or personal contact to notify advise the Employer of his intention to return to work and shall have fourteen (14) calendar days following if the receipt of the recall notice in which to report for duty, unless a different date for Employee will be returning to work work. The employee recalled and the Employer shall then determine the effective date of recall. Employees are responsible for leaving their current contact information with the Employer, which contact information shall be relied upon by the Employer in effecting recall.
28.05 An employee who is otherwise specified in recalled shall be entitled to retain previous service time with the notice. If Employer for the employee does not respond within seven (7) calendar days purpose of calculating vacation entitlement after the date of recall and the employee shall be removed from entitled to retain and use, in accordance with the recall list. If, upon recall, an employee must receive additional training, provisions of 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 Collective Agreement, and other employees any unused sick leave credits accumulated at the time 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
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines, because 1. In case of lack any layoff of work, lack of funds, reorganization, or a job abolishment that bargaining unit employees is to last more than one (1) year, a layoff is necessaryanticipated, the Employer shall notify the affected employees twenty-one Union of the impending layoff at least thirty (2130) calendar days in advance of the effective date layoff. The Employer and the Union shall meet to discuss possible alternatives and 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 2. The Employer may lay off employees due to lack of work, lack of finds, job abolishment, or reorganization. Affected employees shall receive notice of any layoff fourteen (14) calendar days prior to the effective day of layoff
Section 3. The Employer shall determine in which classification(s) classifications layoffs will occur. Within each classification affected, occur and layoffs of bargaining unit employees will be laid off in accordance with their by classification seniority for within the classifications affected by the layoffwork section. The employee(s) with the least classification seniority as defined in Article 20 will Employees shall be laid off first. Bumping or displacement will also occur within each classification in accordance with the employee’s seniority work section in order of agency seniority, beginning with the least senior employee, as defined by Article 20, and progressing to the most senior up to the number of employees that are to be laid off firstoff.
Section 19.3 Recall List Employees who 4. If layoffs are laid off deemed necessary, layoffs shall be conducted as follows:
A. An employee(s) in the affected classification(s) may volunteer to 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 Should this occur, said employee(s) shall not be sent permitted to the displace or “bump” employees by certified or registered mailin any other classification. The Employer shall not contest the employee’s unemployment compensation claim. Further, employees who volunteer for layoff may only be deemed recalled to have fulfilled its obligation by mailing vacancies which occur in the recall notice by registered mailclassification from which they are laid off.
B. In the event no employee(s) volunteer and/or if additional layoffs are necessary, return receipt requestedthe least senior employee(s) in the classification affected shall be laid off.
C. The Employer shall not layoff any bargaining unit employees while retaining any seasonal, intermittent, temporary, or casual employees, or any part-time employees excluded from the bargaining unit because they work too few hours. The Employer shall not utilize any Work Program participants, Senior Employment Program participants, or other such personnel while any bargaining unit employee is laid off, to do or assist in doing any function normally done by members of the last mailing address provided by the employee. Employees shall be responsible for keeping the Office notified, in writing, bargaining unit.
A. Any employee receiving a notice of any changes in his address. The recalled employee layoff shall have seven up to five (75) calendar work 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 such notice in which to report for duty, unless a different date for returning exercise his right to work is otherwise specified displace or “bump” the least senior employee in the noticesame classification in any other unit in the agency.
B. If unable to bump in accordance with “A” herein, the affected employee may bump the least senior employee in the same pay range in any other bargaining unit classification in the agency, provided he does possess the skill, ability and qualifications to perform the work without further training in excess of basic familiarization with the job duties of the position.
C. If unable to bump in accordance with “A” or “B” herein, the affected employee may displace the least senior employee in any classification in the agency in a lower pay range, provided he does possess the skill, ability and qualifications to perform the work without further training in excess of basic familiarization with the job duties of the position.
D. Any employee who is bumped from his position shall have up to five (5) work days to exercise his bumping rights in a similar manner. If the employee does not respond within seven (7) calendar days the employee shall be removed from the recall list. IfFurther, upon recallat any point in this displacement procedure, 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 affected employee may elect to be removed without recourse placed on voluntary layoff status subject to the grievance provisions of Section 4 (A) herein.
E. If bargaining unit member being affected by bumping rights has any questions with procedure of their rights they can contact the Chief Shop ▇▇▇▇▇▇▇ or any of the State Personnel Board Stewards for clarification of Reviewtheir rights.
Section 19.4 Bumping Bumping 6. The Employer agrees to pay to employees laid off under this agreement one hundred percent (100%) of any unused vacation leave time accumulated by the laid off employee. This payment shall be made within thirty (30) days of the laid off employee’s last working day.
Section 7. Employees laid off shall retain their recall rights will be extended according 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 following schedule based on agency 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When SECTION 1. The Facility shall determine when and in which classifications layoffs will occur and will notify the Employer determines, because Union as soon as practicable with such notice including the names and classifications of lack of work, lack of funds, reorganization, or a job abolishment that is to last more than one (1) year, a affected employees.
SECTION 2. In the event any layoff is necessary, the Employer implemented:
A. There 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 be an opportunity for any employee to layoffs.volunteer for layoff; and
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) B. Employees with the least seniority within the 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, A laid off first.
Section 19.3 Recall List employee shall have the right to bump an employee with less house seniority in another classification as long as they have the qualifications to perform the job duties. Employees who are laid off shall be placed on a recall list for a period of eighteen one (181) monthsyear. In order to properly weight employees’ seniority whether they are laid off or not, vacant positions shall first be posted in-house in accordance with Article 14, Section 1, Vacancies and Bidding. If there the vacancy is a recall, employees who are still not filled in-house the most senior employee in the appropriate classification on the recall list will be contacted by phone. If no contact is made after three (3) business days a notice of recall will be sent to the employee as provided in Article 13, Section 3 below. Employees that are laid off shall have the option to keep any accrued and unused vacation or comp hours on the books throughout the one year lay-off period. Vacation and comp hours will only be recalled, in paid out at the inverse order time of their layofflayoff by request upon completion of an Off Premises Form. Employees who are not recalled during the one (1) year period will automatically be paid all accrued and unused vacation and comp time retained on the books.
SECTION 3. 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 by registered mail, return receipt requested, and such notice shall be directed to the last mailing address provided by the employee.
SECTION 4. Employees shall be responsible for keeping If the Office notifiedmost senior member of the recall ▇▇▇▇ decides to decline the open position, he/she must do so in writing, of any changes in his address. The recalled employee shall have seven writing to the Human Resource Department within five (75) calendar days following from the phone call contact or receipt of the written notice.
SECTION 5. During the recall notice to notify process, administration may at its discretion and based upon the Employer of his intention to return to work and shall have fourteen (14) calendar days following the receipt operational needs of the recall notice in which to report for dutyfacility, unless place a different date for returning to work is otherwise specified temporary employee in the notice. If open shifts as a way to avoid/reduce 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 use of Reviewovertime.
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 listSECTION 6. An employee who is displaced may take has been laid off and recalled within one year will have the time on layoff credited to them for purposes of the perfect attendance bonus under Article 38. An employee who has been laid off for three months or more and recalled within one year will get two points removed from their attendance record not resulting in a voluntary layoff, when layoffs occur rather than displace to a lower classificationnegative point accrual.
Appears in 2 contracts
Sources: 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 ▇▇▇▇▇▇, 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
Sources: 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 in advance of the effective date of the layoff or job abolishment. It is understood : Layoffs 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 recalls will be laid off in accordance with their classification based upon seniority for within the classifications affected by the layoffbargaining unit. The employee(s) employee with the least seniority in the classification seniority as defined in Article 20 which the reduction of work occurs will be laid off first. Bumping An employee laid-off from his/her classification may exercise his/her District seniority to displace the least-senior employee in the same or displacement any lower rated classification, on a District-wide basis, whose duties the employee is capable of performing, or accept a voluntary layoff. Employees displaced under this procedure may, likewise, displace other employees on the same basis or accept a voluntary layoff.
a. Employees who exercise their seniority under this section will also occur be paid at the rate of the classification to which they are assigned. The employee will drop back to a rate comparable to his/her seniority and the classification to which the employee is assigned.
b. Employees who exercise their seniority under this section will be returned to their previous positions before any other laid-off employees with less seniority, in accordance with the employee’s seniority with classification from which the least senior employeeemployee was laid-off, as defined by Article 20, laid off firstare recalled.
Section 19.3 Recall List 2: Employees who are laid laid-off shall be given two (2) working week’s written notice prior to the effective date of layoff and will be placed in seniority sequence, at the top of the employment and substitute lists. Employees recalled before they have lost their seniority, shall be returned on a recall list the same step of the Wage Schedule, unless the employees have completed the year, in which instance the employees will automatically be eligible for a period the next increment, if applicable. All sick and accumulated benefits will be restored upon recall.
Section 3: Recall shall be in reverse order of eighteen (18) monthslayoff. If there is a In the event of 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 given two (2) week’s notice of recall to work, mailed 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 certification. The employee shall be required to complete the training in a timely fashion established by the Employeremployee’s last known address. If the an employee fails to complete report to work within two (2) weeks from the trainingdate of mailing of the notice of recall, it shall be considered a resignation and the employee may be removed without recourse to the grievance procedure or the State Personnel Board of Reviewshall lose all seniority.
Section 19.4 Bumping Bumping rights will be extended 4: The total amount of unemployment compensation paid 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
Layoff and Recall. Section 19.1 Reasons, Notice 37.1. When the Employer determines, because determines that a long-term layoff of lack of work, lack of funds, reorganization, or a job abolishment that bargaining unit employees is to last more than one (1) year, a layoff is necessaryanticipated, the Employer shall notify the affected Benevolent Association of the impending layoff. The Employer and the Benevolent Association shall meet to discuss possible alternatives and the impact of the layoff on bargaining unit employees.
Section 37.2. Affected employees twentyshall receive notice of any long-one term layoff (21lasting six (6) days or more) fourteen (14) calendar days prior to the effective day of the layoff. Employees will be notified of the Employer’s decision to implement any temporary layoff (lasting five (5) days or less) five (5) calendar days prior to the effective day of the layoff.
Section 37.3. Employees shall be laid off in inverse order of seniority.
Section 37.4. Any employee receiving notice of long-term layoff shall have five (5) calendar days following receipt in which to exercise his right to bump the least senior employee within the same or a lower classification, provided the more senior employee possesses the qualifications to perform the work. Any employee who is bumped from his position shall have five (5) calendar days in advance which to exercise his bumping rights in a similar manner. In the event of a recall, employees who have exercised their bumping rights shall have the effective date of the opportunity to reverse this privilege. An employee may exercise his bumping rights once during any specific layoff or job abolishment. It is understood and agreed once during any specific recall that no provisions of Civil Service Law or rules shall apply to layoffsaffects his position.
Section 19.2 Classifications 37.5. When employees are laid off, the Employer shall create a recall list based on seniority. The Employer shall determine in which classification(s) layoffs will occur. Within recall employees from layoff from within each classification affected, employees will be laid off in accordance with their classification seniority for the classifications affected by the layoffas needed. The employee(s) Employer shall recall such employees according to seniority and qualification, 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 most senior employee and progressing to the least senior employee, as defined by Article 20, laid off first.
Section 19.3 Recall List Employees who are laid off employee up to the number of employees to be recalled. An employee shall be placed on a eligible for recall list for a period of eighteen (18) monthsmonths after the effective date of layoff.
Section 37.6. If there is a recallWhen the Employer recalls persons off the list, employees who are still on the recall list they shall be recalledrecalled to their previous classifications, if possible, and at the rate of pay commensurate with the current step of the classification the employee was in at the inverse order time of their layoff.
Section 37.7. Notice of recall from a long-term layoff shall be sent to the employees employee by certified or registered mailmail with a copy to the Benevolent Association.
Section 37.8. The Employer shall be deemed to have fulfilled its obligation his 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 It is the Office notified, in writing, responsibility of the laid-off employee to provide the Employer with written notice of any changes in his change of address, phone number, and/or name during the layoff period.
Section 37.9. The employee recalled employee from long-term layoff shall have seven five (75) calendar days following the date of receipt of the recall notice to notify the Employer of his intention to return to work and shall have fourteen ten (1410) calendar days following the receipt date 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.
Appears in 2 contracts
Sources: 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
Sources: 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 Engineer 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 his discretion shall determine in which classification(s) whether layoffs will occurare necessary. Within each classification affectedIf it is determined that layoffs are necessary, employees will be laid off in the following order:
(a) Probationary employees; and
(b) Classified employees in accordance with their classification seniority for and their ability to perform the classifications affected by remaining work available without further training.
(c) An employee who fails to renew his Commercial Driver License (CDL) prior to its expiration will be allowed 45 days after its expiration to renew the layoff(CDL), during which time the employee will be assigned to available non-CDL work. The employee(s) with If the least classification seniority as defined in Article 20 45 day period elapses before the employee is able to renew his CDL, the employee will be laid off firstoff. Bumping or displacement will also occur The employee shall receive the pay rate of the classification in accordance with which the employee’s seniority with the least senior employee, as defined by Article 20, laid off first.
Section 19.3 Recall List remaining work falls. The procedures required under and pursuant to R.C.§124.321 are inapplicable. Employees who are laid off shall be placed on a recall list for a period of eighteen one and one-half (181 1/2) 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 substantial 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. If an employee is recalled to a lower rated job classification, the employee shall have the right to refuse the recall. The Engineer shall not hire new 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 are willing to be recalled to said classification. 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 mail. The Employer shall be deemed to have fulfilled its obligation by mailing the recall notice by registered mail, return receipt requested, mail with a copy to the last mailing address Union, provided by that 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 must notify the Employer Engineer 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.three
Appears in 2 contracts
Sources: 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 ▇▇▇▇, 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 ▇▇▇▇ 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 ▇▇▇▇ 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
Sources: 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 he shall notify the affected employees twenty-one fifteen (2115) calendar days in advance of 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 notified of the Employer’s decision to implement any short-term layoff, lasting seventy-two (72) hours or less, as soon as possible. The Employer, upon request from the FOP, agrees to discuss, with representatives of the FOP, the impact of the layoff on bargaining unit employees. Any layoff in the bargaining unit shall be 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 12 of this Agreement, within the classification. No full time bargaining unit member will be laid off first. Bumping or displacement will also occur in accordance with the employee’s seniority with the least senior employeesubject to layoff until all part time employees, as defined by Article 20, laid off firstincluding special deputy sheriffs have likewise subject to layoff.
Section 19.3 Recall List 13.2 Employees who are laid off shall be placed on a recall list for a period 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, 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 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 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 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 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
Sources: Collective Bargaining Agreement, Collective Bargaining 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
Sources: Collective Agreement, Collective 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When 1. Whenever the Employer determines, because University determines that layoffs are necessary due to lack
A. The University shall determine the classification(s) within the reporting unit to be reduced as well as 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, the Employer affected employees.
B. The University shall notify the Local Union President at least thirty (30) days before any layoff, other than temporary layoffs as identified in Section 1(E), goes into effect. The University and the Union shall meet during this thirty (30) day period to discuss possible alternatives to a layoff.
C. Layoffs shall be in reverse order of seniority.
D. Temporary and part-time employees in the affected classification within a reporting unit shall be laid off in inverse order of seniority prior to the full-time bargaining unit employees twenty-one in the same affected classification and reporting unit.
E. The University will provide written notice to the Union and the affected employee(s) at least fourteen (2114) calendar days in advance of the effective date layoff date; provided, however, such notice shall not be required with respect to temporary layoffs or lack of work occasioned by breakdown of machinery, floods, fires, utility failures, Acts of God, or other similar causes beyond the layoff or job abolishment. It is understood and agreed that no provisions of Civil Service Law or rules shall apply to layoffsUniversity’s control.
Section 19.2 Classifications The Employer 2. When the University determines the need to layoff employees, unaffected
Section 3. When a bargaining unit member is subject to layoff, the University will
▇. ▇▇▇▇▇▇▇ the employee into an existing vacant position that the Universityintends to fill in the same bargaining unit classification and employment status(such as full-time or part-time), provided the employee meets the minimum qualifications to perform the job.
B. If no vacancy exists as described in Section 3(A), the affected employee may displace (bump) the bargaining unit employee with the least seniority in their classification in another reporting unit. Any displaced bargaining unit member in the classification may then bump the least senior bargaining unit member in their classification series (Appendix A), shall determine be assigned to the displaced employee’s classification and pay grade and shall receive a four percent (4%) loss of pay per pay grade reduction as a result. No employee outside the bargaining unit shall be permitted to displace any bargaining unit employee by the application of the University’s lay off rules.
C. Should there be no one of lower seniority in which classification(shis/her bargaining unit classification series (Appendix A), the affected employee may displace the least senior employee in a bargaining unit classification that the affected employee held within the past three (3) layoffs will occuryears, provided they meet the minimum qualifications to perform the job. Within each classification affectedFor purposes of this Section 3(B) and (C), employees a full-time employee may only displace a full-time employee and a part-time employee may only displace a part-time employee. Also, no employee shall displace a bargaining unit employee with more seniority or in a higher pay grade.
D. An employee who elects not to bump shall not lose their right of recall to the employee’s bargaining unit classification, but shall lose their bumping rights for the duration of the layoff.
Section 4. For a period of twelve (12) months from the effective date of layoff, an
A. Employees will be laid recalled based on job classification by seniority.
B. Although recalls are based on available work within an employee’s job classification, if a vacancy exists after all laid-off employees within a classification have been offered recall, the University shall offer the vacancy to the most senior laid-off employee who is fully-qualified to perform the available work in such employee’s classification series. If an employee is recalled to a classification with a lower pay grade, their pay shall be adjusted in accordance with Section 3(B) above. Any employee recalled to a different classification retains recall rights to any vacancy in their regular classification.
C. No employee shall be recalled to a classification seniority with a higher pay grade.
D. The University shall provide continuation of fee remission, as currently afforded to bargaining unit employees, to laid-off bargaining unit members for the classifications affected duration of their recall period.
E. When an employee is to be recalled from layoff, the University shall notify the employee by telephone, confirmed by certification of mailing, with a copy to the layoffChief ▇▇▇▇▇▇▇. The employee(sNotice shall, if possible, not be less than five (5) with work days prior to the least classification seniority as defined in Article 20 will reporting time. In order to be eligible for recall, any employee who is laid off first. Bumping or displacement will also occur in accordance with must keep 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 notifiedUniversity currently advised, in writing, of their current whereabouts, address and telephone number, and any temporary changes in his addressthereof. The recalled employee shall have seven shall, within twenty-four (724) calendar days following the receipt hours afterreceiving notice of the recall notice to recall, notify the Employer of his intention University if, for any reason, the employeecannot report for work at the specified time. In the event an employee is unable to return to work and shall have fourteen (14) calendar days following the receipt of the recall notice in which work, due to report for duty, unless illness or physical injury certified by a different date for returning to work is otherwise specified in the notice. If the employee does not respond within seven (7) calendar days physician,the employee shall be removed from not lose their right to subsequent recall but the recall list. If, upon recall, University may pass them over in order to fill 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 Reviewavailable position.
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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 ReasonsThe Employer may lay off one or more employees upon providing not less than forty-five (45) days notice, Notice When the Employer determines, because of lack of work, lack of funds, reorganization, or a job abolishment that is 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. The employee with the least seniority shall be the first to be laid off, provided that the next senior employee possesses the necessary knowledge, skills, qualifications, abilities and willingness to perform the work available. Subject to Article employees on layoff or job abolishmentpossessing the necessary knowledge, skills, qualifications, abilities and willingness to perform the work available, shall have the right of recall for positions which become available during the layoff, in reverse order of layoff. It is understood The right of recall shall cease twelve (12) months after the date of layoff and agreed that no provisions of Civil Service Law or rules the employee shall apply to layoffs.
Section 19.2 Classifications lose all seniority and be deemed terminated. The Employer shall determine not participate in the cost of an employee’s benefits, including pension contributions, after the month in which classification(s) layoffs will occur. Within each classification affectedthe employee is laid off, employees will be laid off in accordance with their classification seniority for provided that, subject to the classifications affected by conditions and the layoff. The employee(s) with availability of the least classification seniority as defined 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 last known address of the employee as shown on the records of the Employer 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 Employer 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 notifiedEmployer, in writing, of any changes in his address. The recalled employee shall have seven that 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 that 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 (10) days following the employee does not respond within seven (7) calendar days the date of such recall notice, any and all employment and recall rights of an employee shall be removed from terminate where the employee has not provided written acceptance of the recall. Other than the right of recall list. Ifand the benefits provided in this Article, upon recallduring the period of layoff, an employee must receive additional training, on layoff shall not be entitled to any of the Employer shall provide and pay for the training required to maintain his certification. The employee shall be required to complete the training benefits 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 An employee on layoff shall be compensated for court attendance required as a result of the performance of police duties at straight time at the hourly rate 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 earned prior 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 previouslylay-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
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons12.01 In the event of a reduction in required service demands within a seniority group defined herein, Notice When layoff of staff shall, subject to the Employer determinesfollowing, because be in reverse order of lack seniority, providing the remaining employees have the necessary qualifications and ability to perform the available work. The Society and the Union agree that the Society may offer a “voluntary exit option” to specific groups of employees at its discretion in order to avoid layoffs. The plan shall be provided to the union prior to the voluntary exit option being offered to the employees.
12.02 In the case of a subsequent increase in service demands, recall, subject to the provisions of Article 10.07(c) and 10.07(d), shall be in order of greatest seniority provided the employees with recall rights have the necessary qualifications and ability to perform the available work, lack of funds, reorganization, or a job abolishment that is to last more than one .
(1a) year, Where a layoff of a bargaining unit member is necessary, the Employer shall notify give the Union not less than ten (10) days prior to any notice as contemplated in Article 12.05 (a), to discuss the effect of such reduction on the level of services required and the classification level(s) of affected employees twenty-one (21) calendar days in advance staff and hear any representations of the effective date Union. The parties shall establish a joint Union/Management Redeployment Committee, as defined in The Letter of Understanding entitled “Redeployment Committee” attached hereto within fifteen (15) working days after the notice of layoff is given to the Union. Any agreement reached will be final and binding on all concerned. If no such agreement is reached, Article 12.04 will apply.
(b) The Redeployment Committee shall be comprised of equal numbers of representatives of the layoff or job abolishmentUnion and the Employer. It is understood Membership, terms of reference, frequency and agreed that no provisions time of Civil Service Law or rules meetings and other details of the Committee’s functioning will be subject to agreement between the Employer and the Union. Meetings of the Redeployment Committee shall apply be held during normal working hours and time spent attending such meetings shall be considered work time and shall be paid at the employee’s normal rate on a straight time basis. Time spent outside of regular work hours by employees attending the Redeployment Committee meetings will be paid for at the employee’s normal rate of pay on a straight time basis. The Committee will continue to layoffsmeet on an ongoing regular basis to minimize impact on service.
Section 19.2 Classifications The Employer 12.04 Both parties recognize that job security shall determine increase in which classification(s) layoffs will occurproportion to length of service. Within each classification affectedTherefore, in the event of a layoff, employees will 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 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 reverse order of their layoff. Notice of recall shall be sent to seniority within the employees by certified affected position in a branch 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 employeedepartment. 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 a layoff notice to notify the Employer of his intention to return to work and shall have fourteen (14) calendar days following the receipt elect one of the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the noticefollowing options within five (5) working days:
1. 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 Elect to displace a less senior employee. If no employee in a previouslypermanent position, in the same or lower classification, where the displacing employee has the skills and qualifications to perform the duties of the position (subject to a fifteen (15) day familiarization period) and greater seniority than the incumbent employee. It is understood that the displacing employee accepts the terms and conditions of the elected position;
2. Accept the layoff, waive the right to recall, resign, and receive any termination and severance pay of two (2) weeks salary for each year of continuous service to a maximum of twenty-held classification has less senioritysix (26) weeks pay inclusive of obligations under the Employment Standards Act, then the employee seeking 2000;
3. Elect to displace shall be laid off. Employees displaced shall be placed on the recall listlist in accordance with this Article; or
4. An Accept a vacant position at the same or lower classification for which they have the skills and qualifications to perform the duties of the position. It is understood that the employee who is displaced may take accepts the terms and conditions of the elected position.
(a) The Employer agrees to provide employees with a voluntary layoff, when layoffs occur rather than displace to a lower classification.minimum of ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 ReasonsThe Employer may lay off one or more employees upon providing not less than forty-five (45) days notice, Notice When the Employer determines, because of lack of work, lack of funds, reorganization, or a job abolishment that is 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. The employee with the least seniority 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 or job abolishmentpossessing the necessary skills, qualifications, abilities and willingness to perform the work available, shall have the right of recall for positions which become available during the layoff, in reverse order of layoff. It is understood The right of recall shall cease twelve (12) months after the date of layoff and agreed that no provisions of Civil Service Law or rules the employee shall apply to layoffs.
Section 19.2 Classifications lose all seniority and be deemed terminated. The Employer shall determine not participate in the cost of an employee’s benefits, including pension contributions, after the month in which classification(s) layoffs will occur. Within each classification affectedthe employee is laid off, employees will be laid off in accordance with their classification seniority for provided that, subject to the classifications affected by conditions and the layoff. The employee(s) with availability of the least classification seniority as defined in Article 20 will be laid off first. Bumping insurance benefits, the employee may seek to arrange to have his or displacement will also occur in accordance with her benefits continued solely at the employee’s seniority with expense until recall or until the least senior employee, as defined by expiry of the period referred to in 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) monthswhichever first occurs. 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 last known address of the employee as shown on the records of the Employer 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 Employer 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 notifiedEmployer, 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 that 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 not respond within seven (7) calendar days the date of such recall notice, any and all employment and recall rights of an employee shall be removed from terminate where the employee has not provided written acceptance of the recall. Other than the right of recall list. Ifand the benefits provided in this Article, upon recallduring the period of layoff, an employee must receive additional training, on layoff shall not be entitled to any of the Employer shall provide and pay for the training required to maintain his certification. The employee shall be required to complete the training benefits 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 An employee on layoff shall be compensated for court attendance required 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 a result of the Sheriff’s Office who previously worked performance of police duties 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 accordance 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.Article
Appears in 2 contracts
Sources: 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 layoffthe job that is vacant and are otherwise qualified.
▇. Notice ▇▇▇▇▇▇ 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
Sources: Collective Bargaining Agreement, Collective Bargaining 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, Notice When the Employer determinesand office, because status (full time or part time), 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, in the same classification, in any office location in the bargaining unit 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 (d) below. Employees will inform the Employer of their decision to bump or rules shall apply accept the layoff within three (3) working days of:
i) the Employer providing to layoffsthe Union the information contemplated by Article 11.01 (e) or 11.02 (b), or
ii) the receipt by the employee of their notice of layoff, whichever is later.
Section 19.2 Classifications The (b) Laid off employees are eligible, in order of seniority, for “temporary” recalls and shall advise the Employer within one business day as to whether they are interested in such recalls. Employees recalled into “temporary” recall 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 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice When the Employer determines, because of 16.01 Whenever a layoff becomes necessary 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 necessaryfunds as determined by the Employer, the Employer shall notify the Union of the number of employees to be laid off and the affected classifications. Within five (5) working days of such notice, upon the request of either party, the Employer and the Union shall meet to discuss possible alternatives.
16.02 Affected employees twenty-one shall receive written notice of layoff fourteen (2114) 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 shall apply to layoffssuch layoff.
Section 19.2 Classifications The Employer 16.03 Employees shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will be laid off in accordance with their classification based upon departmental seniority for within the classifications affected by the layoff. The employee(s) classifications, with the least classification seniority as defined in Article 20 will be senior employee(s) being laid off first. Bumping or displacement will also occur in accordance with the employee’s Part-time, seasonal, and casual employees shall be laid off within such affected classifications prior to any full-time employees being laid off.
16.04 A non-probationary employee laid off from a job classification may exercise his seniority with to replace the least senior employeeemployee in a lower-rated job classification if the employee has equal skill, as defined by Article 20, laid off firstability and qualifications to perform the work. An employee who elects to exercise his bumping rights must notify the Employer of such election within three (3) work days of the receipt of the layoff notice.
Section 19.3 Recall List 16.05 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. Notice of Employees eligible for recall shall be sent to given notice of the employees by certified or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing the Employer’s intent and recall notice by registered mail, return receipt requested, with a copy of the notice to the last mailing address provided by Union. Upon receipt of notice 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 five (75) calendar work days following the receipt of the recall notice to notify the Employer of his intention to return to work. If the employee cannot return to work and shall have within fourteen (14) calendar days following the of his receipt of the recall notice, or if the notice in which is returned to report the Employer as non-deliverable for dutyany reason, unless a different date for returning to work is otherwise specified in the notice. If Employer shall remove the employee does not respond within seven (7) calendar days the employee shall be removed employee’s name 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 13.1. 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 employer shall notify the affected employees twenty-one employee thirty (2130) 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.in
Section 19.2 Classifications The Employer 13.2. Layoffs in the Sergeant bargaining unit shall determine be in which classification(s) layoffs will occur. Within each classification affectedinverse order of seniority in rank, 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 senior Sergeant being laid off first. Bumping or displacement will also occur Any employee in accordance with the employeeSergeant’s seniority with bargaining unit receiving notice of long-term layoff lasting more than seventy-two (72) hours shall have five (5) calendar days following the receipt of such notice in which to exercise the right to bump the least senior employee, as defined by Article 20, laid off firstemployee in the below- Sergeant bargaining unit. Any Sergeant bumping into the below-Sergeant bargaining unit shall be paid at a rate of pay not in excess of the rate of pay of the highest paid member of the below-Sergeant bargaining unit.
Section 19.3 Recall List 13.3. 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, provided they are presently qualified to perform the work in the section to which they are recalled. Any recalled employee requiring additional training to meet the position qualification in existence at the time of recall must satisfactorily complete the additional training requirements within twelve (12) months of recall. Any training required in this Section shall be at the Employer’s expense.
Section 13.4. 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 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 13.5. 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 date of mailing of the recall notice in which to report for duty, unless a different date for returning notify the Employer of the employees’ intention to return to work is otherwise specified in the notice. If the employee does not respond within seven and shall have fifteen (715) calendar days following 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.mailing date of
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. Section 19.1 Reasons45.1 The Board agrees that job reduction shall be accomplished through normal attrition first, Notice When then the Employer determineslayoff and recall procedures shall apply.
45.2 The Board agrees that in the event of layoff, because no Member covered by the bargaining unit shall be treated in a manner, which is inconsistent with the terms of lack of workArticle 45.
45.3 The Board agrees that when a decision is made to layoff, lack of fundsmake a position redundant, reorganization, close a school or a job abolishment that is to last more than one (1) year, a layoff is necessarydepartment, the Employer Board shall notify the Union in writing, and each Member affected employees twenty-one (21) calendar days in advance of by 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 45.4 A Member who is to be laid-off shall determine be given appropriate notice in which classification(saccordance with the Employment Standards Act.
(a) layoffs will occur. Within each classification affected, employees If a Member has been informed in writing by the Board that the Member will be laid off because of redundancy or closure, the Member may exercise the Member’s right to retain a position with the Board in accordance with their classification seniority for Article 45 – Layoff and Recall.
(b) Layoff procedures shall be subject to the classifications affected by following order;
(i) Temporary and Casual Members in order of service beginning with the layoff. The employee(s) Member with the least classification service as provided in Schedule “C” shall be displaced to the Temporary and Casual pool;
(ii) Probationary Members in reverse order of date of hire;
(iii) Permanent Members in order of seniority as defined in Article 20 will be laid off first. Bumping or displacement will also occur in accordance with the employee’s seniority beginning with the least senior employee, as defined by Article 20, laid off firstMember.
Section 19.3 Recall List Employees who are laid off 45.6 The following layoff procedures in Articles 45.5 to 45.21 inclusive shall apply only to permanent and probationary Members.
(a) The Board shall identify those positions to be eliminated as a result of a decision to layoff, make a position redundant, or close a school or department.
(b) Members occupying eliminated positions shall be declared surplus.
45.8 The equivalent number of Members as were declared surplus in Article 45.5 (b) shall be declared redundant on the basis of date of hire for probationary Members beginning with the most recent date of hire and seniority for permanent Members beginning with the least senior and placed on the Temporary Redundancy List.
45.9 For the purpose of the displacement procedure, the Member is entitled, wherever possible, to either a recall list full-time or half-time status. Through the displacement process, a Member may voluntarily elect to accept, on a permanent basis, a position that is less than their status (full-time/part-time; 12 month/10 month) prior to displacement. If the Member makes such a choice, the Board’s obligation to the Member shall have been met, however, the Member shall be allowed to return to the Member’s former grade level, if it becomes available within thirty (30) months of the Member’s displacement.
45.10 The Board shall identify all vacancies by grade level, created by attrition or created by placing the least senior Members on the Temporary Redundancy List.
(a) All vacancies described in Article 45.10 shall be filled according to the following displacement procedures:
(b) In order of seniority for permanent Members beginning with the most senior and on the basis of date of hire beginning with the least recent date of hire for probationary Members, each surplus Member who is not on the Temporary Redundancy List shall be displaced into a vacant position in the Member’s salary grade provided the surplus Member is qualified;
(i) Failing 45.11 (b), the surplus Member shall be displaced into a position in their salary grade held by the least senior Member holding a position for which the surplus Member is qualified;
(ii) The Member displaced in clause 45.11 (c) (i), shall now be declared surplus and shall continue through the displacement procedures in order of seniority for permanent Members beginning with the most senior and on the basis of date of hire beginning with the least recent date of hire for probationary Members;
(d) Failing 45.11 (c) (ii), the surplus Member shall be displaced into a position in the next lowest job grade according to the same procedure described above until a position is attained by the surplus Member.
(e) Failing 45.11 (d), the surplus Member is added to the Temporary Redundancy List.
45.12 All remaining vacancies, except for those held by temporarily redundant members, shall be posted according to Article 33 – Job Postings. Postings shall be open to all permanent and probationary members.
45.13 All Members remaining on the Temporary Redundancy List after all vacancies have been filled shall be notified in writing by the Board and identified as a permanent Member scheduled for layoff.
45.14 If a Member employed half-time or less displaces a full-time Member under these procedures, it may be necessary to share the assignment with another Member.
45.15 If, under these procedures, a Member is transferred to a position at a lower salary grade, the Member’s existing weekly salary rate shall be red-circled for a period of eighteen up to two (182) monthsyears, or until the rate of pay for the position catches up to or supersedes that which the Member is presently receiving. If there is In such case the Member shall no longer be red-circled. At the end of the two (2) year period the Member shall then be paid at the maximum of the grade level of the position.
45.16 A Member shall have the right to be recalled for thirty (30) months from the date of layoff.
(a) A Member displaced and transferred to another position under these procedures shall be given the opportunity to return to the Member’s original grade level of equal or lesser time when a recallposition becomes vacant within thirty (30) months from the date of displacement.
(b) A Member as stated in 45.17 (a) shall have the right to be reinstated to a position in their original grade level, employees who for which they are still qualified. Such reinstatement shall be offered as follows:
(i) a less than point seven (.7) employee to a half-time position
(ii) a point seven (.7) or more employee to a full-time position Such Member shall then assume either the half-time or full-time equivalency on a permanent basis until such time as the Member posts to another position.
(a) The Board shall not hire from outside the Bargaining Unit to fill future vacancies within the bargaining unit until:
(i) first filling the position in accordance with Article 45.17;
(ii) then, if a vacancy remains, posting the position in accordance with Article 33 – Job Posting. Posting shall be open to all permanent and probationary Members including Members on the recall list shall be recalledRecall List ; and
(iii) then, if a vacancy remains, offering the opportunity, in the inverse order of their layoff. Notice seniority or less recent date of recall shall be sent to hire, as the employees by certified or registered mail. The Employer shall be deemed to have fulfilled its obligation by mailing case may be, among other Members on the recall notice by registered mail, return receipt requestedRecall List, to a Member on the last mailing address provided by Recall List who is qualified for the employee. Employees shall position.
(b) Postings of vacancies will be responsible made available through the Union Office, for keeping those Members on the Office notifiedRecall List.
45.19 A Member who is given notice of ▇▇▇▇▇▇ may, in writing, waive the right of any changes in his addressrecall, and receive a severance allowance equal to two (2) week’s salary for each year of service, up to a maximum of twenty-six (26) weeks’ pay. The recalled employee Board shall have seven no further obligation to a Member who elects to receive a severance allowance instead of retaining the right of recall.
(7a) calendar days following the receipt A Member on layoff and subject to recall shall, for a period of the recall notice to notify the Employer of his intention to return to work and shall have fourteen thirty (1430) 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 months commencing from the recall list. Ifdate of layoff, upon recallbe given first consideration to perform supply work or to fill a temporary assignment within the bargaining unit, an employee must receive additional training, providing the Employer shall provide laid off Member is qualified and pay for capable of performing the training required to maintain his certificationduties. The employee laid off Member shall be required to complete advise the training Human Resources Department from time to time as to the Member’s availability for such work.
(b) During the period of recall and while working in a timely fashion established by casual or temporary assignment, the EmployerMember may elect to receive full benefit coverage. The Board shall contribute its share of the premium cost for the Member’s benefit coverage. If the employee fails to complete Member withdraws from benefit coverage during the trainingperiod of recall, the employee may Member shall be removed without recourse ineligible to re-enrol. If the Member is not employed during any working month, the Member shall contribute the full premium cost of such benefit coverage.
(c) During the period of recall and while working in a casual or temporary assignment, the Member shall accrue two (2) days sick leave per month to be added to the grievance procedure or sick leave balance of that Member at 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 end of the Sheriff’s Office who previously worked recall period. ▇▇▇▇ leave will not be granted during any month in which the Member is not working during that month. If a Member is working in a classification covered by this Agreement, may displace into positions covered by this Agreement so long as casual or temporary assignment during the employee displaced has less classification seniority. The employee displaced will be the one with the least seniority. Employees seeking period of recall and is absent due 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 seniorityillness or personal injury, then the employee seeking to displace Member may draw upon the accumulative sick leave balance that the Member had in the sick leave account at time of displacement. At the end of the recall period the total number of sick days earned during the recall period shall be laid off. Employees displaced shall be placed added to the Member’s sick leave credit account together with any sick leave balance the Member had at time of displacement minus any days used during the period of recall.
(a) If a Member, subject to layoff or on recall, refuses in writing, an offer of employment of equal or greater time on the permanent staff under these procedures, the Board shall have no further obligation to the Member under this Collective Agreement.
(b) If a member is offered a half time position under recall, and decides to accept such position, they shall maintain their right of recall list. An employee who to another half time position, or to a full time position as outlined in this agreement for the recall period.
45.22 The Board shall provide Employee Assistance Service through the Board’s EAP Program for Members affected by these procedures.
45.23 If a Member is displaced may take a voluntary recalled to the permanent staff from layoff within thirty (30) months of the date of layoff, when layoffs occur rather than displace the Member’s seniority and sick leave will be reinstated as if there was no interruption of service.
45.24 If a Member, who held a twelve (12) month position, is transferred under this Article to a lower classification.ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 13.1 When the Employer determines, determines that a long-term lay off is necessary because of lack of work, lack of funds, reorganizationor job abolishment, or a job abolishment that is to last more than one (1) year, a layoff is necessary, the Employer he shall notify the affected employees twenty-one and the Union President 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 13.2 The Employer shall determine in which classification(s) classifications layoffs will occur. Within each classification affected, Layoffs of bargaining unit employees will be laid off in accordance with inverse order of their seniority in the classification seniority selected for the classifications affected by the layoff. The employee(sPrior to laying off bargaining unit employees in the selected classification, the Employer shall first layoff any temporary and probationary employees in the selected classification. Employees receiving notice of layoff shall be eligible to exercise bumping rights as follows. Laid off employees provided they possess more seniority and are qualified to perform the duties of the lower classification. Laid off employees, provided they possess more seniority and are qualified to perform the duties of the lower paid classification without any additional training, may bump an employee in only a lower paid classification. Laid off employees must, within forty-eight (48) with hours of notification of layoff, notify the least Employer in writing that they wish to exercise their right to bump a less senior employee. An exception to this procedure shall be the classification seniority as defined in Article 20 will of Mechanic. Employees may only bump into these classifications if they formerly held the classification or if the employee is currently qualified to perform the duties of the classification without any additional training. It 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 first.responsibility to provide,
Section 19.3 Recall List 13.3 Employees who are laid off shall be placed on a recall list for a period of eighteen twenty- four (1824) months, or for a period equal to their uninterrupted length of continuous service with the Employer as of the date of the layoff, whichever is less. 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. Notice Any recalled employee requiring additional training to meet the position qualifications in existence at the time 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 satisfactorily complete the additional 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.requirements within twelve
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Layoff and Recall. Section 19.1 Reasons, Notice 12.1: When the Employer determinesdetermines that a long-term layoff or job abolishment is necessary, because of due to lack of work, lack of funds, reorganizationreasons of substantial or material change in operations, or a job abolishment that is to last more than one (1) yearfor purposes of reorganization for reasons of economy or efficiency, a layoff is necessary, the Employer shall they will notify the affected employees twenty-one thirty (2130) calendar days in advance of the effective date of the layoff or job abolishment. It Prior to the effective date of the layoff, affected employees will ensure that the Employer possesses the employee’s current phone number, email address, and mailing address for purpose of recall notification. If any of this information changes while the employee is understood and agreed that no provisions of Civil Service Law or rules shall apply laid off, it will be the employee’s responsibility to layoffsupdate this information with the Employer.
Section 19.2 Classifications 12.2: The Employer shall determine in which classification(s) layoffs will occur. Within each classification affected, employees will be laid off in accordance with 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 beginning with the least senior employeeand progressing to the most senior up to the number of employees to be laid off. The Employer will lay off all paid part-time, as defined by Article 20, laid temporary and/or auxiliary employees within the classification layoffs occur prior to laying off firstbargaining unit members.
Section 19.3 Recall List Employees who 12.3: When employees are laid off off, the Employer shall be placed on create a recall list for each classification. The Employer shall recall employees from a layoff within each classification as needed. The Employer shall recall such employees according to seniority, beginning with the most senior employee in the classification and progressing to the least senior employee up to the number of employees to be recalled. An employee shall be eligible for recall for a period of eighteen thirty-six (1836) months. If there is a recallmonths after the effective date of the layoff.
Section 12.4: When the Employer recalls persons off the list, employees who are still on the recall list they shall be recalledrecalled to their previous classification, in but not necessarily to the inverse order of their layoff. shift on which they were working when laid off.
Section 12.5: Notice of recall from a long-term layoff shall be sent made by phone, email and by sending notice 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 .
Section 12.6: In the Office notifiedcase of a long-term layoff, in writing, of any changes in his address. The the recalled employee shall have seven fourteen (714) calendar days following the date of receipt by registered return receipt mail 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 by registered return receipt mail 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
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement