Common use of Layoff and Recall Clause in Contracts

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees 7.1 When there is a reduction in the work force force, and position(s) are reduced or eliminated, the employee(s) with the least group seniority within this Division, as determined by the Employer, employees group where positions are to be reduced or eliminated shall be laid off by displaced and permitted to exercise department seniority to bump to a position within the group or to a position in a lower group that the employee’s department seniority will carry said employee subject to qualifications hereinafter defined in these Articles. Should the position be restored, the person who bumped shall return to his/her position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who 7.2 When reductions occur in job classifications for which there are employees in a Board- sponsored training program, then such reductions shall occur only after the trainee positions have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, vacated through staff reductions. Board-sponsored training programs shall be presumed limited to those programs where an employee(s) have resigned been selected and their names appointed to such training programs and shall not apply to employees who are receiving casual inservice training benefits. 7.3 When an employee bumps from a higher group to a lower group said employee will not be permitted to bump an employee with more department seniority. 7.4 Employees in (Article 7.8) Group 9 whose positions have been reduced or eliminated shall be removed from permitted to exercise department seniority to bump into a position within that group that their seniority will carry them. Any such bumping shall be subject to having the seniority listqualifications of the position as hereinafter defined. Section 4. Seniority 7.5 Provisions for bumping as it is used to determine layoff set forth in Items 7.1, 7.2, 7.3, and recall shall be based upon continuous time in rank within the bargaining unit. If 7.4, of this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions Article shall be subject to the same Layoff employee having the ability and Recall as regular County positions, unless qualifications to perform the grant requires different treatment, as stated in Article 30, Loss work of Seniority, Sections 7 and 8the job classification into which the employee elects to bump according to seniority. Section 6. 7.6 An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority elects to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to into a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be new job classification as provided in the Departmental Rules Items 7.1, 7.2, 7.3, 7.4, and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit7.5, layoff of this Article shall be as required to serve a ninety (90) day probationary period and will be paid the rate of the new classification except that: .61 Said rate of pay shall not be less than the rate provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position after nine (demotion9) months in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testsaid classification. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 3 contracts

Samples: Master Contract, Master Contract, Master Contract

Layoff and Recall. ‌ 23:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, the Employer determines that a layoff(s) is necessary, the Employer shall determine the classification(s) from which the layoff(s) are to take place. 23:02 Subject to this Article, the Employer shall determine the group of employees concerned within each classification from which employees are to be laid off. 23:03 In determining the order of layoff within the group of employees concerned within each classification, seniority shall be the determining factor provided the qualifications of the employees are relatively equal. This section is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties which the remaining employees will be required to perform. 23:04 An employee who is to be laid off and who elects to exercise the employee’s displacement option may displace the most junior employee in the employee’s current classification subject to the following: (a) the employee must have the qualifications and ability to perform the duties which the remaining employees will be required to perform; (b) if the employee cannot displace the most junior employee under subsection (a), the employee may then elect to displace the next most junior employee in the classification; (c) the process will continue in this manner until the employee is able to displace an employee in the classification or there are no displacement opportunities; (d) an employee who is displaced and is to be laid off and who elects to exercise the employee’s displacement option may displace the most junior employee in the employee’s current classification in accordance with the process in this Section. 23:05 An employee who is to be laid off and who has no displacement option within the employee’s classification as a result of subsection 23:04 (a) may elect to displace the most junior in another classification which has the same or lower maximum rate of pay. For this purpose, the rate of pay will be based on the maximum hourly rate of pay in this classification. The displacement process in that classification will follow the provision of Section 123:04. 23:06 Notwithstanding the process required in Sections 23:04 or 23:05, the effective date of the layoff will not change from that initially provided to the employee. The parties agree to take any steps necessary to expedite the process to ensure that an employee who is to be laid off as a result of the displacement process, receives as much notice as possible. As a result, employees who elect to exercise their displacement rights must participate in and co-operate fully with the process or forfeit their displacement right. 23:07 Where the Employer is laying off an employee, notice of layoff or pay in lieu thereof will be given in accordance with the Employment Standard Act. 23:08 The Union will be provided a copy of the layoff notices issued to employees. 23:09 Where employees have been laid off, the Employer shall not use casual employees to do the work of the laid off employees except: (a) where the laid off employees are not available for work; or (b) in emergency situations. 23:10 Where an employee, alleges that the employee’s layoff has not been in accordance with this Agreement, the grievance procedure set forth in this Agreement shall apply except that the grievance shall be initiated at the second step of the procedure. 23:11 Employment equity and qualification will be a factor in the Layoff and Recall procedure. For the purposes of this article qualifications refers to education, knowledge, training, skills, experience, aptitude and competence. The employer making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall mean determine qualifications and the separation ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable and non-disciplinary manner. The onus of proof rests with the employee in any dispute over the application of qualifications and ability to perform the duties, which the remaining employees will be required to perform. 23:12 An employee who is entitled to displace another employee in accordance with the provisions of this Article may have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to displace another employee. 23:13 Where the temporary layoff of an employee is necessary. Sections 23:03, 23:04, and 23:05 do not apply. For purposes of this Section, a “temporary layoff” is defined as less than three (3) months duration. Employees shall return to their positions upon expiry of such layoff. 23:14 Employees who are laid off shall be placed on a recall list for a period of up to twenty-four (24) months from the active work forceeffective date of the layoff. 23:15 The Employer shall maintain a recall list for all employees covered by this Article who are laid off on other than a temporary basis. Recall shall mean the return of an employee A copy will be provided to the active work forceUnion on request. Section 2. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, employees 23:16 Employees who are placed on a recall list shall be called back to their positions in reverse order of layoff to the classification from which the employee was laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowoff. Section 3. Employees 23:17 An employee who have been laid off and whois on the recall list must: (a) report any change of address to the Employer without delay; (b) if called back or provided a reasonable re-employment opportunity, respond to the call-back or reasonable re-employment opportunity within five seven (57) days after notice by certified mail to the last known address, fail to respond as directed, of receipt of notification of call-back or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6reasonable re-employment opportunity. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or accepting reasonable re-employment opportunity at a lower rank rate of pay shall retain their recall rights under Section 23:14 for the duration of the time they would have remained on the re-employment list; (c) return to work within the bargaining unit, provided, however, that he/she has greater seniority than fourteen (14) days of receipt of notification of call-back or reasonable re-employment opportunity or such other date as may be agreed upon between the employee whom he/she and the Employer; (d) except for good and sufficient reasons, accept a call-back or reasonable re-employment opportunity in accordance with this section or be deemed to have resigned. 23:18 A “reasonable re-employment opportunity” is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is reasonably qualified for and able to perform and which is in a location which would not require a change of residence by the vacant employee. 23:19 Employees on the recall list may be offered re-employment to other positions. 23:20 An employee who accepts another position and applies may be placed on a trial period of not more than six (6) months duration. An employee who is found to be unsuitable during this trial period will be returned to the appropriate re-employment list for the greater of (6) months or the remainder of the employee’s twenty-four (24) month period on the recall list. An employee found to be unsuitable may grieve the decision commencing at the Grievance Stage Hearing Procedure. The decision at Grievance Stage Procedure is final for such positiongrievances and is not arbitrable.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff and Recall. 22.01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, the Employer determines that a layoff(s) is necessary, the Employer shall determine the classification(s) from which the layoff(s) is to take place. 22.02 Subject to this article, the Employer shall determine the group of employees concerned within each classification from which employees are to be laid off. 22.03 In determining the order of layoff within the group of employees concerned within each classification, seniority shall be the determining factor. This section is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties which the remaining employees will be required to perform. 22.04 An employee who is to be laid off and who elects to exercise the employee’s displacement option may displace the most junior employee in the employee’s current classification subject to the following: (a) the employee must have the qualifications and ability to perform the duties which the remaining employees will be required to perform; (b) if the employee cannot displace the most junior employee under subsection (a), the employee may then elect to displace the next most junior employee in the classification; (c) the process will continue in this manner until the employee is able to displace an employee in the classification or there are no displacement opportunities; (d) an employee who is displaced and is to be laid off and who elects to exercise the employee’s displacement option may displace the most junior employee in the employee’s current classification in accordance with the process in this section. 22.05 An employee who is to be laid off and who has no displacement option within the employee’s classification as a result of subsection .04 (a) may elect to displace the most junior in another classification which has the same or lower maximum rate of pay. For this purpose, the rate of pay will be based on the maximum hourly rate of pay in the classification. The displacement process in that classification will follow the provisions of Section 122.04. 22.06 Notwithstanding the process required in Sections 22.04 and 22.05, the effective date of the layoff will not change from that initially provided to the employee. Layoff The parties agree to take any steps necessary to expedite the process to ensure that an employee who is to be laid off as a result of the displacement process, receives as much notice as possible. As a result, employees who elect to exercise their displacement rights must participate in and cooperate fully with the process or forfeit their displacement right. 22.07 Where the Employer is laying off an employee, notice of layoff or pay in lieu thereof will be given in accordance with the Employment Standards Act: 22.08 The Union will be provided a copy of layoff notices issued to employees. 22.09 Where employees have been laid off, the Employer shall mean not use casual employees to do the separation work of the laid off employees except: (a) where the laid off employees are not available for work; or (b) in emergency situations. 22.10 Where an employee, alleges that the employee’s layoff has not been in accordance with this Agreement, the grievance procedure set forth in this Agreement shall apply except that the grievance shall be initiated at the second step of the procedure. 22.11 Employment equity and qualifications will be a factor in the layoff and recall procedure. For the purposes of this article qualifications refers to education, knowledge, training, skills, experience, aptitude and competence. The Employer making a decision with respect to determining which employees are to be retained and which employees are to be laid off, shall determine qualifications and the ability of employees to perform the duties which the remaining employees will be required to perform, in a fair, reasonable and non-disciplinary manner. The onus of proof rests with the employee in any dispute over the application of qualifications and ability to perform the duties, which the remaining employees will be required to perform. 22.12 An employee who is entitled to displace another employee in accordance with the provisions of this article may have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee to become oriented to the specific duties of the position. The familiarization period is not intended to be a period during which an employee acquires the necessary qualifications and ability to enable the employee to displace another employee. 22.13 Where the temporary layoff of an employee is necessary, Sections 22.03, 22.04 and 22.05 do not apply. For purposes of this section, a “temporary layoff” is defined as less than three (3) months duration. Employees shall return to their positions upon expiry of such layoff. This section applies only to situations identified in a Memorandum of Agreement between the parties. 22.14 Employees who are laid off shall be placed on a recall list for a period of up to twenty-four (24) months from the active work forceeffective date of the layoff. 22.15 The Employer shall maintain a recall list for all employees covered by this article who are laid off on other than a temporary basis. Recall shall mean the return of an employee A copy will be provided to the active work forceUnion on request. Section 2. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, employees 22.16 Employees who are placed on a recall list shall be called back to their positions in reverse order of layoff to the classification from which the employee was laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowoff. Section 3. Employees 22.17 An employee who have been laid off and whois on the recall list must: (a) report any change of address to the Employer without delay; (b) if called back or provided a reasonable re-employment opportunity, respond to the callback or reasonable re-employment opportunity within five seven (57) days after notice by certified mail to the last known address, fail to respond as directed, of receipt of notification of callback or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6reasonable re- employment opportunity. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or accepting a reasonable re- employment opportunity at a lower rank rate of pay shall retain their recall rights under Section 22.14 for the duration of the time they would have remained on the re-employment list; (c) return to work within the bargaining unit, provided, however, that he/she has greater seniority than fourteen (14) days of receipt of notification of callback or reasonable re-employment opportunity or such other date as may be agreed upon between the employee whom he/she and the Employer; (d) except for good and sufficient reasons, accept a callback or reasonable reemployment opportunity in accordance with this Section or be deemed to have resigned. 22.18 A “reasonable re-employment opportunity” is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is reasonably qualified for and able to perform and which is in a location which would not require a change of residence by the vacant employee. 22.19 Employees on the recall list may be offered re-employment to other positions. 22.20 An employee who accepts another position and applies may be placed on a trial period of not more than six (6) months duration. An employee who is found to be unsuitable during this trial period will be returned to the appropriate re-employment list for the greater of six (6) months or the remainder of the employee’s twenty-four (24) month period on the recall list. An employee found to be unsuitable may grieve the decision commencing at Step 2 of the grievance procedure. The decision at Step 2 is final for such positiongrievances and is not arbitrable.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff and Recall. Section 126.1 An employee being laid off must receive notification, in writing, at least two (2) weeks prior to the effective date of the layoff. 26.2 A reduction of the work force, other than fluctuations necessitated by the University calendar, must be accomplished in the following manner: A. An employee being laid off must have the right to any vacant position in their Immediate Geographic Area in the same classification which they hold at the time of layoff, if they meet the qualifications for the vacancy; or B. If no such vacancy exists, to the position in the department where the layoff occurred that is occupied by the employee with the least master seniority in the classification in the department from which the layoff occurred if they meet the qualifications for the position; or C. To the position in their Immediate Geographic Area which is occupied by the employee with the least master seniority in the classification from which the layoff occurred if they meet the qualifications for the position; or D. If there are employees in their Immediate Geographic Area with less master seniority in a formerly held classification, to the position in that class which is vacant, if they meet the qualifications; or if a vacancy does not exist, to the position in that class which is occupied by the employee with the least master seniority if they meet the qualifications. Layoff shall mean the separation of (For this purpose only, an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, employees shall be being laid off by positionretains master seniority in each previously held bargaining unit class.); or E. To any vacancy in their Immediate Geographic Area if they meet the qualifications for the vacancy; or F. For purposes of Article 26 only, job classification series seniority is defined as total continuous hours accumulated in all classifications within an identified job classification series within a department. Laid off employees An employee who cannot exercise any of the other layoff options contained in Article 26.2 may then exercise bump (on classification seniority basis) into the contractual bumping rights least senior position in Section 6 below.a lower classification in that series and department as an option to being laid off, if the employee has: Section 3. Employees who have been laid off and who, within 1) at least five (5) days after notice by certified mail to the last known addressyears of job classification series seniority, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list.and Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater 2) more job classification series seniority than the employee whom he/she being bumped, and 3) meets the qualifications for the position. Bumping must take place according to the first available opportunity in descending order within the job classification series and department. An employee exercising this option must not be placed below the midpoint wage rate for the class to which the bump occurs. An employee refusing options "A," "B," or "C" is not considered to replace. The procedure for bumping in have the case status of layoffs is as follows: A. The a laid off employee shall bump for purposes of 26.7. 26.3 Employees who exercise rights under 26.2 "X," "X" or "C" must maintain their current salary. Employees exercising rights under 26.2 "D," "E", or "F" retain their current salary or the person rate of pay at the top of the pay range of their new classification, whichever is less. 26.4 An employee who has exercised rights under 26.2 "D", "E", or "F" as a consequence of being laid off must have the right to apply for their most recent former position, if posted, and if the employer elects to fill it, ahead of all other applicants, should it become available again in his/her rank the same department and on the same shift. However, the right to apply and return to the former position ahead of all other applicants is limited to two (2) years from the date of the employee’s notice of layoff. 26.5 Should an employee exercise their rights under 26.2 "C" and "D" and vacate the position that they "bumped" into, any other employee on lay-off status possessing more Master Seniority in a previously held class than the employee bumped from the original position, must have a right to the vacated position that he/she before the actual laid-off employee is qualified for who has the least seniority in a positioncalled back to work under Article 26.8. B. If the laid off employee has insufficient 26.6 The employer at its option may offer employees in seniority to bump in his/her rankorder, he/she shall then bump the person in the next lower rank within the unit a leave without pay for a specified period during which he/she is qualified employees must accrue seniority and has sufficient seniority to bumpearn vacation and sick leave. If more than one employee Health care coverage must continue to be bumped meets this criteria, provided by the least senior employee will be bumpedemployer. C. Subject 26.7 An employee on layoff must have an opportunity to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank work in their classification within two (2) years without taking of their layoff before a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified hired for the vacant position that classification in their Immediate Geographic Area except that any employee on layoff who is notified by certified mail (at their last known address) to return to work must have five (5) work days to indicate intent to return and applies for such position.ten

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff 26.1 An employee being laid off shall mean receive notification, in writing, at least two (2) weeks prior to the separation effective date of an employee from the active layoff. 26.2 A reduction of the work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined other than fluctuations necessitated by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recallUniversity calendar, shall be presumed accomplished in the following manner: A. An employee being laid off shall have the right to have resigned and their names shall be removed any vacant position in his/her Immediate Geographic Area in the same classification which he/she holds at the time of layoff, if he/she meets the qualifications for the vacancy; or B. If no such vacancy exists, to the position in the department where the layoff occurred that is occupied by the employee with the least master seniority in the classification in the department from which the layoff occurred if he/she meets the qualifications for the position; or C. To the position in his/her Immediate Geographic Area which is occupied by the employee with the least master seniority list.in the classification from which the layoff occurred if he/she meets the qualifications for the position; or Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time D. If there are employees in rank within the bargaining unit. If this criteria results his/her Immediate Geographic Area with less master seniority in a tieformerly held classification, to the position in that class which is vacant, if he/she meets the qualifications; or if a vacancy does not exist, to the position in that class which is occupied by the employee with the least master seniority for if he/she meets the qualifications. (For this purpose only, an employee being laid off retains master seniority in each previously held bargaining unit class.); or E. To any vacancy in his/her Immediate Geographic Area if he/she meets the qualifications for the vacancy; or F. For purposes of Article 26 only, job classification series seniority shall be defined as total continuous time hours accumulated in the bargaining unit. If this results in all classifications within an identified job classification series within a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6department. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out cannot exercise any of the Unit shall be as provided other layoff options contained in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.Article

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff 17.01 A layoff for the purpose of this agreement shall mean be defined as a termination of employment because of lack of work or because of the separation discontinuance of a function. 17.02 In the event of a layoff, the Union and Employer shall meet and discuss the appropriate manner of effecting this layoff, including what displacements, if any, will occur and what recall rights the affected employee(s) may have. (a) In the event of layoff, and where qualifications and ability are equal reverse seniority shall apply to layoffs; that is, employees with less seniority holding a certain classification or lower classification in the classification series shall be laid off before employees with greater seniority holding that classification, provided that, in the case of an employee from holding the active work force. Recall shall mean lower classification in the return of an series being laid off, the employee with greater seniority is willing to move to the active work forcelower classification job and rate of pay and has the qualifications and ability to perform the duties of the position. Section 2. If (b) The unit of operation for this Article shall be: (i) the bargaining unit, (ii) the Department or Agency (by Region or District) (iii) the classification series, or classification where no series exists. (c) An employee identified for layoff following the operation of 17.03 (a) and when it becomes necessary (b), above, shall be given the option to reduce either displace the number least senior employee within the same classification in a position for which they are qualified in the bargaining unit within the Department or Agency or accept layoff. 17.04 In the event of lay-off casual and temporary persons shall be laid off first. 17.05 The provisions of this Article shall also apply to all employees in all Departments or Agencies covered by this Collective Agreement. 17.06 Subject to Section 63(2) of the work force within this Division, as determined by the EmployerPublic Service Labour Relations Act, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time recalled in the bargaining unitreverse order that they were laid off. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions Recall shall be subject to the same Layoff employee having the qualifications and Recall as regular County positionsability to perform the duties of the position. Employees laid off shall be given preference to job opportunities, unless prior to hiring of new persons, in other classifications if they are qualified and able to perform the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8work available. Section 6. An employee 17.07 The parties of this agreement acknowledge that the provisions of this article are subject to layoff, and intended to be in accordance with the Civil Service Act and Regulations and the rights and protections with respect to layoff are applicable to those employees who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a positionhave attained Civil Service Status. B. If 17.08 The parties recognize that pursuant to Section 63(2) of the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump Public Service Labour Relations Act that where a conflict occurs between the person in provisions of this article and the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteriaCivil Service Act, the least senior employee will be bumpedCivil Service Act shall prevail. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff Employees may be laid off as a result of lack of work, lack of appropriated funds, or abolishment of position. In the event of a layoff, the City shall mean notify affected bargaining unit employees ninety (90) days in advance of the separation effective date of an employee the layoff. The City, upon request from the active work forceUnion, agrees to discuss with representatives of the Union the impact of the layoff on bargaining unit employees. Recall Any layoffs in the bargaining unit shall mean be effected according to seniority within each division or department (i.e., the return of an most recent employee to hired shall be the active work forcefirst employee laid off). Section 2. If Within each affected classification, employees will be reduced in accordance with their Electric Division Seniority and when it becomes necessary shall first have the right to reduce the number of bump less senior employees in lower classifications within their line of progression. Once an employee has been identified as having no further rights to bump employees in his line of progression he shall then be entitled to bump an employee in any other line of progression with less Electric Division Seniority provided that he meets the work force within this Division, minimum qualifications of the position. Any employee displaced as determined by a result of the Employer, employees foregoing shall then have the right to bump a less senior employee and so on until the desired reductions have been made. Employees bumping into another classification shall be laid off by position. Laid off employees may then exercise compensated at the contractual bumping rights in Section 6 belowwage step nearest his pre-bump wage without exceeding that rate. Section 3. Employees who have been laid off and whoFor purposes of Section 2 above, within five lines of progression shall be: Senior Lineworker (5Closed) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.Substation Lineworker I Electrician I I Lineworker II Electric Operational I I Specialist Electrical Substation I Inventory I Design Technician II Lineworker III Purchasing I Technician I I Specialist I I I Ground Technician I

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean In the separation event it is necessary to layoff employees covered by this Agreement, or to eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done as follows: a.) by providing the Union and affected employees with at least two (2) weeks notice of an the effective date of the layoff; b.) by subjecting to layoff the least senior employee from or employees in the active work force. Recall shall mean job title, grade, skills, shift and category of employment; c.) all temporary and then probationary employees will be terminated first; d.) a full-time employee with seniority who is subject to layoff will have the return option of an employee a bump to a lower category of employment; e.) employees who volunteer to be subjected to layoff, by seniority in the active work forcejob title, and category of employment; f.) employees may drop shift and or category of employment any step below. Section 2. If and when it becomes necessary When an employee with seniority is subject to reduce the number of employees in the work force within this Divisionlayoff or has their position eliminated under Section 1 above, as determined by the Employer, employees such affected employee shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank placed in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank following sequence: Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is their category of Sergeant or aboveemployment, grade, skills, job title and shift provided the employee meets the requirements for hiring into that position. F. If an Step 2: Second, if no vacancy exists, then the employee takes a lower ranking position (demotion) subject to layoff may bump the least senior employee in lieu their category of layoffemployment, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7grade, skills, job title and shift. If an employeeStep 3: Third, covered by this agreementif the employee cannot be placed in their category of employment, grade, skills, job title and shift, they shall be ineligible offered the option to bump within the Sheriff's Office least senior employee in the next lower grade but in their category of employment and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the Countyshift, provided the employee is qualified meets the requirements for the vacant hiring into that position and applies for such positionhas more seniority than the incumbent.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean In the separation of an employee from event the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary university decides to reduce the work force, officers will be laid off in accordance with this procedure: A. The University shall determine which classification(s) is to be reduced and the number to be reduced in such classification(s). Officers in the affected classification(s) will be laid off in the following order of appointment type: 1. Probationary 2. Temporary 3. Part-time 4. Full-time B. The officer in the classification to be reduced with the least seniority will be laid off first and so on until the total number of employees officers to be laid off in the work force within this Divisionclassification(s) have been reached. C. An officer laid off from his/her classification may exercise seniority rights to displace the least senior officer in the next lower classification in his/her classification series if such person is a less senior officer. D. If an officer who is laid off from his/her classification is unable to exercise seniority rights for lack of seniority, as determined by the Employer, employees or if he/she chooses not to exercise seniority rights he/she shall be laid off by position. Laid off employees may then exercise from the contractual bumping rights in Section 6 belowUniversity. Section 3. Employees who have been E. If the University decides to increase the work force or fill vacancies in classifications from which officers are on layoff, laid off and who, within five (5) days after notice by certified mail officers will be recalled in reverse order to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed that in which they were laid off; provided that such officer has not been continuously laid off from the seniority listUniversity for more than twelve (12) months. Section 4. Seniority as it is used to determine layoff and F. A laid off officer shall retain seniority rights for recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu twelve ( 12) months from his/her date of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater after which all seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit recall rights shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulationsforfeited. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1Both parties recognize that job security should increase in proportion to length and quality of service. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees Therefore, in the work force within this Divisionevent of a layoff, as determined by the Employer, employees Employees shall be laid off in accordance with Article 13 – Seniority. Employees shall be recalled in order of their seniority, provided the Employee retained or recalled can perform the work in a satisfactory manner. For clarity, lay-offs, under the provisions of this Collective Agreement shall include the reduction of daily or biweekly hours of any full-time Employee only. (a) In all cases of lay-off or recall bargaining unit wide seniority shall be the governing factor provided the Employee retained or recalled can perform the work in a satisfactory manner. An Employee who would be laid off under these circumstances may only replace (bump) another employee with lesser seniority who occupies a classification equivalent to, or lesser than the classification they occupy provided they are qualified to do the work (b) As an alternative to bumping, an Employee may choose to accept placement in a vacant position of equal or lower classification prior to the vacant position being posted for the consideration of other employees. (c) Further, as an alternative to a) or b) above, an employee may choose to revert to “on-call part- time” status. (d) In the event of a lay-off, members of the Executive Board, Grievance Committee Representatives and Location Stewards shall be the last to be laid off, regardless of where they may be employed. The Union shall keep the Employer informed of the names of the members of the Board, Grievance Committee Representatives and Location Stewards and in the event of any dispute, the latest list of names as received by position. Laid the Employer shall govern. (e) No new employee will be hired until those laid off (who have sufficient ability to perform the work required) have been given the opportunity of rehire. (f) The Employer is to provide thirty (30) working day notice of lay-off. (g) The Employer will notify, in writing with a copy to the Union, all laid off employees may then exercise of the contractual bumping rights in Section 6 below. Section 3position vacancies. Employees who have been laid off and who, within five (5) days after notice by certified mail Notification will be sent to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss address of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority employee, who will have fourteen (14) calendar days from the day of mailing to bump in his/her rank, he/she shall then bump apply for the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedpositions. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff(h) An employee, after having met with representatives from receipt of lay-off notice, shall retain recall rights for the bargaining unit. E. Seniority as it is used period defined in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this collective agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layofftheir home classification, the employer willwhether they are laid-off, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to bumped or post into another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff and Recall. Section 1: Timberland Regional Library maintains a work force capable of doing the work necessary to perform its responsibilities. Layoff shall mean the separation If, because of an employee from the active work force. Recall shall mean the return a lack of an employee to the active work force. Section 2. If and when funds and/or a lack of work, it becomes necessary to reduce its work force, Timberland normally will attempt to reach reduced strength through attrition and curtailment of hiring. Job sharing, unpaid leaves of absence, transfer, and early retirement, and laying off the number least senior employees regardless of employees classification are represent other possible alternatives which may be considered. TRL shall notify the Union prior to implementing layoffs, and the parties shall meet to discuss possible alternatives. Nothing in this Article or any part of this Agreement is intended to restrict the sole authority of the Employer to determine the necessity of service reductions, the form of the reduction and the duration of the layoff. Section 2: This reduction-in-force procedure is designed to effect impact staff layoffs in an orderly manner with a minimum of interference to the work process. Its purpose is to allow an employee whose position is to be reduced or eliminated to accept available employment in the work Library District, in either bargaining unit. Section 3: Temporary employees and substitute employees do not accrue seniority and they may not exercise the reduction-in-force within rights provided in this Division, as determined by the Employer, procedure. Non-grant funded temporary and substitute employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowfirst, prior to regular employees. Section 3. Employees who have been A. An employee being laid off and who, within five (5) days after notice his/hertheir position is involuntarily eliminated or reduced by certified mail 20 percent or more or involuntarily reduced to the last known address, fail to respond as directed, or who decline recall, extent that he/she isthey are no longer eligible for health insurance) shall be presumed given written notice specifying the date and nature of layoff. Such notice will be given at least fourteen (14) daysfour (4) weeks prior to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6its effective date. An employee subject so notified will be informed of his/hertheir bumping options in writing at the time notice is given. A. B. Timberland will provide, upon request, individual counseling for employees laid off, to layoffinclude a review of options, who so requestsinformation on other positions within Timberland, mayinformation on vacancies outside of Timberland, in lieu of layoffadvice on job-seeking skills, etc. B. C. A laid-off employee may choose to "bump" (displace a less-senior employee from a retained position or fill a vacant position) into a position with the same classification or a lowerinto a different classification. An employee may only bump in once per layoff xxxxxxxx.xx the same or a lower rank within different location according to the bargaining unit, provided, however, principle of seniority; provided that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such being bumped. An employee may not bump into a position which has more hours or that is in a higher grade than the employee's current position. 1. The employee must be qualified for the position they are bumping into, with the exception that if a base-unit member is bumping into the supervisors unit, they must meet all of the minimum qualifications except for the supervisory experience. TRL will provide them with supervisory training in the first six (6) months. 2. The new position can be in the same or a different location according to the principle of seniority, provided that the employee meets the 14.4.C.1 requirement. 3. An employee may bump into a position that is in the same or lower pay grade than the employee’s current position. The employee may bump into a position that has more hours. The employee shall have the opportunity to bump into another position in the employee’s current classification first, and if no positions are available, then into the current pay grade, and if no positions are available, then into a position of a lower pay grade.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean 11.01 In the separation event, due to return to work of an employee from employees leave of absence, suspension of schools, territorial changes affecting the active work force. Recall shall mean district, reduced enrollment, lack of work, abolishment of positions or for financial reasons, the return Board of an employee to the active work force. Section 2. If and when it becomes necessary Education determines to reduce the number of employees in a job classification, the work following procedures shall govern such layoff and/or subsequent reinstatement unless otherwise modified through the Ohio Revised Code after the effective date of this contract. 11.02 The number of employees affected by a reduction in force within this Divisionshall be kept to minimum by not employing replacements, insofar as determined by the Employerpractical, of employees who resign, retire or otherwise vacate a position. 11.03 Affected employees shall be laid off by position. Laid off employees may then exercise according to seniority within the contractual bumping rights in Section 6 below. Section 3. Employees who have been classification, with the least senior employee laid off and whofirst. For the purposes of this Article, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, classification seniority shall apply. Classification seniority shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4total amount of time an employee has worked in a classification. Seniority as it is used to determine Authorized paid or unpaid leaves of absence less than two (2) years do not constitute a break in continuous service for layoff and recall purposes. In the case of identical seniority, the least senior person shall be based upon continuous determined by the lowest last digit(s) in the Social Security Number unless a letter of intent exists documenting the date and/or time in rank within that the bargaining unit. If this criteria results in a tie, seniority for this purpose person was offered employment with the District. 11.04 An employee laid off from one job classification shall be defined as continuous time able to bump into another job classification in which she/he has worked and for which she/he is qualified, provided the bargaining unit. If this results employee exercising such bumping rights has greater seniority in a tie, seniority for this purpose shall be defined as continuous time in that classification than the Sheriff's Office. Section 5. Grant funded positions shall be subject employee she/he seeks to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6displace. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that may be deemed qualified if he/she has greater seniority than continued to maintain current knowledge and/or skills directly related to the classification since his/her prior employment in that job classification. An employee whom may be required to demonstrate professional development offerings in which he/she is to replace. The procedure for bumping in the case has participated or any areas of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that specialization or certification he/she is qualified for who has received in said job classification. In the least seniority in a position. B. If the laid off event an employee has insufficient seniority to bump in his/her rankbumps into another classification, he/she shall then bump be placed on the person salary step equal to but not less than his/her total years of service in the new job classification. 11.05 The following classifications contained in Article 1.01-A shall be used for the purpose of defining classification seniority in the event of layoff. 11.06 Before the effective date of layoff, the Board shall prepare and post a list of the names, seniority dates and classifications affected, indicating the identity of the employees to be laid off. A copy of the posting shall be provided to the Union President. Each employee to be laid off shall be provided a fifteen (15) calendar day written notice in advance of the Board’s action which notice shall state: a. Reason(s) for the layoff; b. The effective date of layoff; c. A statement advising the employee of her/his right of reinstatement following layoff. 11.07 For the classifications in which the layoffs occur, the Board shall prepare a reinstatement list. Names of employees on layoff shall be placed on the list in reverse order of layoff. Reinstatement to vacant positions shall be from employees on this list in the classification in which the vacancy arises before any new employees are hired into that classification. 11.08 Vacancies which occur in the classification affected by layoff, whether full or part-time, shall be offered to the employees in the classification in which the vacancy arises standing highest on the recall list before the next lower rank within person may be considered. The employee shall have a period of ten (10) days to accept or decline recall, with silence being assumed to be a refusal of recall. In the unit for event an employee is recalled to a position that would change his/her full-time or benefit status, he/she may elect to decline recall and remain in their place on the recall list. In cases where an employee has accepted another position through 5.03 of the Agreement and is recalled and refuses the position from which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteriawas laid off, the least senior employee will be bumped. C. Subject relinquish all recall rights to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that position he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulationswas laid off from. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. 11.09 If an employee takes a lower ranking position (demotion) in lieu of layoffexercises his/her rights to bump into another classification and displaces another employee, he/she can return must accept recall back to his/her prior rank within two layoff classification and will be placed accordingly on the salary schedule at the time of layoff. 11.10 An employee who declines recall to a part-time position shall not lose his/her seniority for layoff/recall purposes to a less senior employee in like job classification at the time of layoff. 11.11 The employee's name shall remain on the recall list for a period of three (23) years without taking a new test. Section 7following the effective date of layoff. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoffUpon reinstatement, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionshall retain all previously accumulated seniority.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean 18.01 Where a program is affected by reason of shortage of funds or operational changes or any other reason resulting in the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number layoff of employees in within the work force affected program, the following procedures will apply: ▪ Casual employees within this Division, as determined by the Employer, employees program shall be laid off by positionfirst; ▪ Then contract employees; ▪ Then part-time employees; ▪ And then finally permanent full-time employees. Laid The least senior employees shall be the first to be laid off within the employment category, provided that the remaining employees may then exercise are qualified and willing to satisfactorily perform the contractual bumping rights work which is available in Section 6 belowthe program. An employee who is subject to layoff in an affected program area shall have the option to bump the least senior employee in another job within the same classification within the same unit, provided the employee is fully qualified and able within a five (5) working day familiarization period to do the job. Should there be no positions within the same classification within the same unit, the employee will have the option to bump the least senior employee in another job within the same classification within other units of the organization, provided the employee is fully qualified and able within a five (5) working day familiarization period to do the job. Should there be no position within the employee’s job classification, the employee will have the option to bump the least senior employee in a lower job classification within the same unit, provided the employee is fully qualified and able within a five (5) working day familiarization period to do the job. Section 3. 18.02 Employees who have been laid off in a program shall be recalled in order of seniority within their employment category and whotheir job classification, if they are fully qualified to perform the duties of the position within five (5) working days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority listfamiliarization period. Section 4. Seniority as it is used 18.03 WoodGreen agrees to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out maintain its portion of the Unit shall be as provided premium costs for medical and dental coverage until the end of the month following the month in which the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the Countylay-off occurred, provided the employee pays their portion, if any, in advance. 18.04 WoodGreen agrees to notify the Union prior to the lay-off of more than ten (10) employees governed by this agreement. WoodGreen and the Union agree to meet to discuss creative and alternative ways to alleviate or reduce staff lay- offs. 18.05 In cases where an employee is qualified laid off for a period of twelve (12) consecutive months, WoodGreen will provide notice of termination or termination pay, and, if applicable, severance pay, as required by the vacant position and applies for such positionEmployment Standards Act.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1a) If a reduction of regular employees is necessary due to a shortage of work or budgetary restraints, the Employer shall meet with, and advise the Union of the proposed reduction and the jobs affected as soon as possible, and no reduction in staff shall occur until the following procedures are applied. Layoff The basic principle in applying layoff to any regular employee shall mean be last hired, first laid off provided the separation of an retained employee from can perform the active work force. Recall shall mean the return of an employee to the active work forcejob. Section 2. If and when it becomes necessary to reduce the number of b) Not less than ten (10) working days written notice (twenty (20) working days for employees in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within with five (5) days after years of service or more) will be given to affected employees before the scheduled reduction takes place. If the written notice by certified mail to the last known addressis not given, fail to respond as directed, or who decline recall, shall pay in lieu will be presumed to have resigned and their names shall be removed from the seniority listprovided. Section 4. Seniority as it is used c) The Employer will endeavour to determine layoff and recall shall be based upon continuous time place regular employees so affected in rank other vacant positions within the bargaining unit. If this criteria results in a tieVictoria Regional Transit System for which, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tieopinion of the Employer, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same they are qualified or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject qualified within a reasonable period of training and orientation. Such period of orientation is not to and contingent upon exceed thirty (30) working days. In such cases the Law Enforcement Division's approval, employees Union agrees to waive the requirement to post. Where placement in lieu of layoff may bump an equal level job is made available to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by the employee shall not have any bumping rights under this agreement, shall be ineligible to bump within the Sheriff's Office and Article. 8.02 A regular employee who is subject to layoff, and not eligible for placement under 8.01(c), may elect to exercise his bumping rights, in the employer willVictoria Regional Transit System on the following basis: a) An employee with less seniority in the same job classification, so long as or failing that, either: b) (i) An employee with less seniority in a job which the employee maintains seniority under the contract, make reasonable effort subject to refer such layoff held as a regular employee, with explanations or (ii) Bumping is also allowed to another comparable vacant position being filled by an equal or lower group that the Countydisplaced employee has not previously held but which, provided in the opinion of the Employer, the employee is qualified for or will be qualified within a reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) working days. If after thirty (30) working days the vacant position bump is unsuccessful the employee may choose a second bumping subject to the above criteria. If the second bump is also unsuccessful after thirty (30) working days, the employee shall be placed on the recall list and applies for such positionwill fall under the provisions of Article 8.06.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1(a) In the event of layoff or recall, seniority shall be the determining factor provided the employee has the ability to perform the work available. Layoff No new employee shall mean be hired into a classification so long as there are present employees in the separation classification on layoff who are willing and have the ability to perform the available work. Upon recall, the affected employee shall be provided with orientation when requested by either party, the duration of an employee from which is to be determined by the active work forceEmployer. Recall Should retraining due to technological change be required, the provisions of Article 2.06 shall mean the return of an employee to the active work forceapply. Section 2. If and when it becomes necessary to reduce the number (b) The rights of employees in the work force within Servicing Staff classification under this Division, as determined by the Employer, employees Article shall be laid off by position. Laid off separate from the rights of employees may then exercise in the contractual bumping rights in Section 6 belowSupport Staff classification. Section 3(c) The Employer will notify the Union one hundred and forty (140) calendar days and the Employee(s) affected one hundred and twenty (120) calendar days in advance of a permanent or long-term layoff in excess of four (4) months duration. Employees who have been laid off The Employer will provide 2 weeks’ notice of a layoff up to six (6) weeks and who, within five ninety (590) days after calendar days’ notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned of a layoff between six (6) weeks and their names shall be removed from the seniority listfour (4) months. Section 4. Seniority as it is used (d) An employee may use their seniority to determine layoff and recall shall be based upon continuous time displace any temporary or contract employee in rank within any classification, provided the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in employee has the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in ability to perform the Sheriff's Officework available. Section 5. Grant funded positions shall be subject (e) An Employee may use their seniority to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, maydisplace a less senior employee, in lieu of layoffany classification, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than provided the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If ability to perform the laid off work available, it being understood that the employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, will displace the least senior employee in the classification/like job/office/team chosen by the laid off employee. Displaced employees will, in turn, have the same right to use their seniority for the same purpose. (f) Employees will be bumpedrecalled from layoff in the order of seniority, provided the employee has the ability to perform the work available. C. Subject (g) An Employee who transfers to and contingent upon another office as the Law Enforcement Division's approvalresult of exercising their bumping rights under this Article, employees in lieu of layoff may bump shall have no claim to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out moving expenses under Article 9.04. (h) The Employer will continue to pay its share of the Unit premiums for any benefit plans described in Articles 16.02 to 16.04 in which a laid off employee participates during the first sixty (60) calendar days of any layoff. (i) An employee who qualifies for severance pay pursuant to the Employment Standards Act shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only entitled to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testweeks’ pay (at the rate applicable on their final day at work) for each completed year of service computed up to and including their last day of work. Section 7(j) The Employer agrees to notify the Union at least one (1) year in advance of any permanent office closure where practicable. It is understood that this does not preclude the employer from downsizing current staffing levels in any office. (k) An employee who has been laid off from their position will be offered that position should it subsequently become vacant. If an employee, covered by the employee accepts this agreement, shall be ineligible recall to bump within the Sheriff's Office and is subject to layofftheir previous position, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionvacancy will not be posted.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee 18:01 The Parties recognize that job security increases in proportion to the active length of service with the Employer. In the event of a reduction in work force. Section 2. If and when it becomes necessary to reduce the number of employees or in the work force within this Divisionworkforce, as determined by the Employer, Employer agrees that employees shall be laid off by position. Laid off employees may then exercise in the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and reverse order of their names shall be removed from the seniority list. Section 4. Seniority insofar as it is used practicable to determine layoff and recall do so, providing other qualifications are relatively equal. When an employee is laid off, he/she shall be based upon continuous time in rank within have the bargaining unit. If this criteria results in a tie, option of displacing another employee with lesser seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that job classification providing he/she is qualified for who to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. The displaced person shall have the option of displacing another employee with lesser seniority in the same or lower job classification providing he/she is qualified to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. The second displaced person has the option of displacing the least seniority senior employee in the same classification or the least senior employee in a lower classification providing he/she is qualified to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. For clarity, the normal requirements of the job include the percent FTE of the job, so an employee who is displacing another employee must be willing and able to accept the percent FTE of the position. B. If /employee being displaced. The intention to exercise this right and the specific details of the intended displacement must be declared by the initial person laid off within ten (10) days of notification of layoff by the Employer; the intention to exercise this right and specific details of the intended displacement(s) must be declared by the first and second displaced persons, if any, within ten (10) days of notification of displacement. No further displacement will take place as a result of the initial layoff and any resulting displacements. It is understood that when an employee has insufficient seniority exercises the option to bump in his/her rankdisplace an employee performing a job at a lower classification, he/she shall then bump be paid at the person rate of the lower classification. Employees shall be recalled to work in order of their seniority. 18:02 Recall rights shall be terminated on the next lower rank within cancellation of an employee’s seniority. 18:03 It shall be the unit for which he/she is qualified and has sufficient seniority duty of the employee to bumpnotify the Employer promptly of any change of address. If more than one an employee should fail to do so, the Employer will not be responsible for failure of official notices to reach the employee. 18:04 The Employer shall notify employees who are to be laid off ten (10) working days before the layoff is effective. If the employee to be bumped meets this criterialaid off has not had the opportunity to work ten (10) full days after notice of layoff, the least senior employee will shall be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees paid in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length part of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulationsten (10) days during which work was not available. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1. Layoff A. The word “layoff” shall mean be defined as a reduction in the separation of an employee from the active work force. Recall When possible, the Employer shall mean the return give employees thirty (30) days notice of an employee to the active work forcelayoff. Section 2B. In the event there is need to reduce personnel, temporary and substitute employees who are not part of the bargaining unit will be laid off first. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employera further reduction occurs, employees shall be laid off according to seniority in their classification, providing the seniority employee can do the job. (As per Article XV, G.) C. Employees who are being laid off shall have the right to assume a position for which they are qualified in another classification providing: 1. The position is held by positionan employee with less district seniority; and provided the bumping employee can perform the job. 2. The position is of the same or a lesser weekly base pay rate if in bus driving or the same or a lesser 50 day rate if in some other classification. 3. The position provides for the same or fewer number of hours per week. D. Employees shall be recalled according to seniority in their classification. Employees on layoff shall be offered recall to other available positions in the department. X. Xxxxxx and recall notices shall be sent by registered mail to the employee’s last known address, or by hand delivery. F. When a major cut back in the work assignment that is of ninety (90) days or one (1) semester duration (whichever is less) occurs to a seniority employee, that employee may bump a lower seniority employee within their classification, providing their schedule will allow the reassignment. G. Laid off bargaining unit members shall be offered the option to volunteer for substitute work for which they are qualified in the unit. Laid off employees may then exercise the contractual bumping rights who request, in Section 6 below. Section 3. Employees who have been laid off and whowriting, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, substitute work for which they are qualified shall be presumed to have resigned and their names utilized before non-bargaining unit personnel are called in. However, there shall be removed from no financial liability on the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time Board of Education in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If event an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testis not called. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean ‌ In the separation event of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number a reduction of employees in a classification, the work force within this Division, as determined following order of layoff shall be observed by the Employer, Court: (a) Part-time employees shall within each affected job classification will be laid off by position. Laid off first, provided the remaining employees may then exercise are fully qualified and capable of performing the contractual bumping rights in Section 6 belowwork. Section 3. Employees who have been (b) Probationary employees within each affected job classification will be laid off next, provided the remaining employees are fully qualified and who, within five (5) days after notice by certified mail to capable of performing the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority listwork. Section 4. Seniority as it (c) If an additional reduction in force is used to determine layoff necessary, the Court will lay off the employees within each affected job classification in order of seniority, least senior first, provided the remaining employees are fully qualified and recall shall be based upon continuous time in rank within capable of performing the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Officework. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An (d) A seniority employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient displaced from his job classification may exercise his seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, displace the least senior employee will be bumped. C. Subject in another job classification covered by this Agreement which carries a wage rate that is equal to and contingent upon or lower than the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out wage rate of the Unit laid off employee’s regular job classification, provided he is, immediately upon exercising his seniority, fully qualified and capable of performing the work with minimal orientation. An employee who exercises his seniority under this provision shall be as provided paid the wage rate applicable to the job to which he transfers. Except in emergency circumstances, the Departmental Rules and Regulations or as agreed by Court shall notify the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within Union two (2) years without taking weeks in advance of a new test. Section 7layoff. If an employeeThe notice will contain the names of the employees to be laid off, covered by this agreement, the time and date of layoff and the reasons therefore. The Court will also post a duplicate notice of the layoff list on the Court bulletin board. Recall to work of laid off employees shall be ineligible to bump in seniority order; the most senior first, within each affected job classification. In the Sheriff's Office and is subject to layoffevent an employee does not immediately return upon notification of recall, the employer willCourt may place any other employee available in such position on a temporary basis up to and including fifteen (15) working days, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position without prejudice and applies for such positionwithout liability.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. 22.01 Layoff is defined as an indefinite separation from employment as a result of lack of work, with the intention of being returned at some future date. 22.02 The Employer shall mean provide written notice to Employees who are to be laid off: (a) twenty (20) work days for Employees having permanent full-time status, or (b) seven (7) work days for Employees having permanent Part-time status, or (c) five (5) work days for Employees having temporary status before the separation layoff is to be effective. 22.03 If the Employee who is to be laid off has not had the opportunity to work the entire period of notice, they shall be paid in lieu of work at the Employee's regular rate of pay for that part of the notice period during which work was not made available, except in the event of an employee from unexpected staff reduction necessitated by breakdown, malfunction or damage of the active work force. Recall shall mean Employer's physical plant, equipment or machinery or by the return non delivery of an employee to supplies through causes beyond the active work forcecontrol of the Employer and requiring closure of all or part of the Employer's operations. Section 2. If and when it becomes necessary to reduce (a) In the number event of employees a layoff, Employees in the work force same job classification within this a single Division, as determined by the Employer, employees /Branch and location shall be laid off by position. Laid off employees may then exercise in the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off reverse order of seniority and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority placed on a recall list. Section 4(b) Notwithstanding Clause 22.04(a), a permanent Employee shall not be laid off while non-permanent Employees remain in other employment categories in the same classification within a single Division/Branch and work location, provided that the permanent Employee is qualified and able to perform the available work. Seniority as it If the services of the permanent Employee are not required on a full-time basis for an indefinite period, the permanent Employee may choose either temporary layoff provisions or to accept the reduced hours at the appropriate hourly salary, provided that the Employee is used qualified and able to determine layoff and recall perform the available work. 22.05 Employees shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject recalled to the same Layoff job classification in their order of seniority, provided they are qualified and Recall as regular County positions, unless able to perform the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8available work. Section 22.06 If a permanent Employee has not been recalled within six (6. An employee subject to layoff, who so requests, may, in lieu ) months from the date of layoff, bump in they shall be entitled to the same or a lower rank within the bargaining unitseverance pay pursuant to Article 20, provided, however, that he/she has greater seniority than the employee whom he/she Severance Pay. 22.07 An Employee who is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump be responsible for providing the person in his/her rank in a position that he/she is qualified Employer with their current home address, home phone (or cellphone) number and personal email address for who has the least seniority in a positionrecall purposes. No new Employees shall be hired until those laid off have been given an opportunity for re-employment. B. If 22.08 Recall notice shall be delivered by email to the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump Employee’s last contact information on record with the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedEmployer. C. Subject to and contingent upon the Law Enforcement Division's approval22.09 Job vacancies will continue be filled as per Article 24, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and RegulationsJob Opportunities. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section In order to promote an orderly reduction in personnel, the following procedure will be used. 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee The Board agrees to file written notice to the active work forceAssociation prior to affecting reductions in personnel. Individual teachers shall be notified in writing at least thirty (30) days prior to the effective date of layoff, except when a millage election will be held within that period, in which case fourteen (14) calendar days shall be the minimum. 2. Bumping, based on seniority, shall proceed as indicated below: a. Probationary teachers shall be laid-off before tenure teachers. Among probationary teachers, those with the least seniority will be laid-off first. In either case, teachers must meet the criteria listed in Article XIII, Section 2. If and when it becomes necessary b. in order to reduce institute the number of employees in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowprocedure. Section 3. Employees who have been laid off and whob. If reduction is still necessary, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank each teacher in a position that he/she is qualified for who has being eliminated shall have the least seniority in a position. B. If the laid off employee has insufficient seniority right to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority transfer to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a any other teaching position for which he/she is qualified certificated provided he/she has more seniority in this school district than the teacher in said position. This bumping shall be referred to as "primary bumping." c. After those teachers whose specific positions have been eliminated have had an opportunity to transfer to positions according to Article XIII, Section 2. b., each displaced teacher shall have the right to transfer to any other teaching position for which he/she is certificated, provided he/she has more seniority in this school district than the teacher in said position. This bumping shall be referred to as "secondary bumping." d. This procedure shall be followed until all teachers displaced by either primary or secondary bumping have been relocated as determined by their seniority and the Sheriff, after having met with representatives from the bargaining unitnumber of available positions. E. Seniority as it is used e. Both primary and secondary bumping may be accomplished at (a) meeting(s) arranged by the Board in bumping order to minimize disruption, provided each involved teacher shall have received forty-eight (48) hours notice. f. Exceptions: 1.) An exception to the transfer rights cited in Article XIII, Section 2. a-e. above could be defined as compliance with accreditation criteria, statutory requirements beyond state certification requirements (i.e. No Child Left Behind Act) or situations wherein the continuous length of time Board may have serious doubts about a teacher's ability to perform satisfactorily in the bargaining unit position requested. 2.) A teacher xxx choose voluntary layoff in order to avoid receiving an undesired position if another teacher to be laid-off accepts the position in question. 3.) Teachers must have a K-12 certificate endorsement for the subject area to transfer to an elementary specialist position (art, music, and physical education). 4.) A teacher referred to in the rank Letter of Sergeant Agreement concerning "highly qualified" holding a K-8 All Subjects, a 7-8 All Subjects, or aboveK-12 Special Education certificate or endorsement will not qualify for an assignment occupied by another teacher in grades 6-8 for Computer Lit., Health, Home Economics (Cooking), Living Skills, Industrial Arts (Xxxxx), Synergistics, Educational Development Plan (EDP), or Physical Education. F. If an employee takes a lower ranking position (demotion) 3. Further, the Board will institute recall procedures, which, when implemented, will provide that teachers will be recalled in lieu the reverse order of layoff, he/she can return as a position for which they are certificated becomes available, subject to his/her prior rank within the same exceptions as outlined in Article XIII, Section 2. f. 4. A probationary teacher who is laid-off shall remain on the recall list for two (2) calendar years without taking a new testfrom the effective date of layoff. A tenured teacher who is laid-off shall remain on the recall list for five (5) calendar years from the effective date of layoff. Section 5. Refusal to report when recalled by the Board or failure to respond, personally, within fifteen (15) days of the certified mailing shall be considered a resignation and terminate that teacher's right to recall. 6. Notification of a recall shall be in writing with a copy to the Association. The notification shall be sent by certified mail to the teacher's last known address. It shall be the responsibility of each teacher to notify the Board of any change of address. 7. If an employee, covered by this agreement, Recalled teachers shall be ineligible entitled to bump within all leave benefits accrued prior to the Sherifflayoff as provided in this Agreement. 8. Administrators shall be encouraged to utilize laid-off teachers as substitutes, where practicable. 9. Changes in a certification while on layoff shall be recognized during recall from layoff status. It is the teacher's Office and responsibility to notify the Board of any changes in certification, licensure, or endorsement which may affect positions for which he/she is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionqualified.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Layoff and Recall. Section 1: Timberland Regional Library maintains a work force capable of doing the work necessary to perform its responsibilities. Layoff shall mean the separation If, because of an employee from the active work force. Recall shall mean the return a lack of an employee to the active work force. Section 2. If and when funds and/or a lack of work, it becomes necessary to reduce its work force, Timberland normally will attempt to reach reduced strength through attrition and curtailment of hiring. Job sharing, unpaid leaves of absence, transfer, early retirement, and laying off the number least senior employees regardless of employees classification are other possible alternatives which may be considered. TRL shall notify the Union prior to implementing layoffs, and the parties shall meet to discuss possible alternatives. Section 2: This reduction-in-force procedure is designed to impact staff layoffs in an orderly manner with a minimum of interference to the work process. Its purpose is to allow an employee whose position is to be reduced or eliminated to accept available employment in the work Library District, in either bargaining unit. Section 3: Temporary employees and substitute employees do not accrue seniority and they may not exercise the reduction-in-force within rights provided in this Division, as determined by the Employer, procedure. Non-grant funded temporary and substitute employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowfirst, prior to regular employees. Section 3. Employees who have been A. An employee being laid off and who, within five (5their position is involuntarily eliminated or reduced by twenty (20) days after notice by certified mail percent or more or involuntarily reduced to the last known address, fail to respond as directed, or who decline recall, extent that they are no longer eligible for health insurance) shall be presumed given written notice specifying the date and nature of layoff. Such notice will be given at least four (4) weeks prior to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6its effective date. An employee subject so notified will be informed of their bumping options in writing at the time notice is given. X. Xxxxxxxxxx will provide, upon request, individual counseling for employees laid off, to layoffinclude a review of options, who so requestsinformation on other positions within Timberland, mayinformation on vacancies outside of Timberland, advice on job-seeking skills, etc. C. A laid-off employee may choose to "bump" (displace a less-senior employee from a retained position or fill a vacant position) into a position with the same classification or into a different classification. An employee may only bump once per layoff scenario. 1. The employee must be qualified for the position they are bumping into, with the exception that if a base-unit member is bumping into the supervisors unit, they must meet all of the minimum qualifications except for the supervisory experience. TRL will provide them with supervisory training in lieu of layoff, bump the first six (6) months. 2. The new position can be in the same or a lower rank within different location according to the bargaining unitprinciple of seniority, provided, however, provided that he/she has greater seniority than the employee whom he/she is to replacemeets the 14.4.C.1 requirement. 3. The procedure for bumping in the case of layoffs is as follows: A. The laid off An employee shall may bump the person in his/her rank in into a position that he/she is qualified in the same or lower pay grade than the employee’s current position. The employee may bump into a position that has more hours. The employee shall have the opportunity to bump into another position in the employee’s current classification first, and if no positions are available, then into the current pay grade, and if no positions are available, then into a position of a lower pay grade. 4. A laid-off employee who wishes to exercise their right to bump must so inform the Employer within seven (7) business (M-F) days of their receipt of a layoff notice. 5. An employee who bumps into a position must accept the classification of the position (including salary) as well as the number and schedule of hours assigned to it. Laid-off employees who bump into positions at the same or lower classifications will maintain their existing hourly rate of pay, except that in no case shall the employee earn more than the maximum hourly rate of pay for their new grade. 6. An employee who has is bumped out of a position is considered as being laid off when bumped and is then entitled to their bumping rights as described herein. 7. If a regular employee bumps a probationary employee or a probationary employee is filling a position which is being eliminated, the least seniority probationary employee may not exercise the reduction-in-force rights provided in this procedure. 8. An employee may bump into a position in which the incumbent is on an authorized leave of absence; in such cases the incumbent may exercise any of the reduction-in- force options upon receipt of written notice. An employee may bump into a position filled on a long-term basis by a temporary employee. Regular employees temporarily assigned to positions that are laid off or bumped from such positions have all employee rights of their regular, assigned positions. Employees may not bump into temporary positions, as defined in Article 2 of the Union contract. 9. Employees who bump into a new classification shall be subject to a six (6)-month trial service period. If the Employer determines during this trial service that the employee is not successful in a position. B. If , the laid off employee has insufficient seniority may choose to bump in his/her rank, he/she shall then bump be placed on the person recall list for whatever period of time remains in the next lower rank within twenty-four (24)-month period from the unit for which he/she is qualified and has sufficient seniority to bumporiginal, effective date of layoff. If more than one employee to be bumped meets this criteriaA second, the least senior employee unsuccessful trial service will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees result in lieu termination of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulationsemployment. D. Employees may bump only to The Employer shall establish a position recall list for which he/she is qualified as determined by the Sheriff, after having met with representatives a period of twenty-four (24) months from the bargaining unit. E. Seniority as it is used in bumping date of the layoff. Laid-off employees who do not bump may choose to have their names placed on the recall list. Employees on the recall list shall be defined as considered first for all vacancies with the continuous length same or different (per 14.4.C.1) classification regardless of time in the bargaining unit in FTE of the rank position last held, according to the principle of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, seniority; provided that the employee is qualified for the available position, except per 14.4.C.1. 1. Employees on the recall list must indicate to the Employer the types and/or locations of positions for which they desire to be notified. Notices of recall for vacant positions which fit the employees' instructions will be sent, via certified mail, to the employees at their last-known address and via email and telephone. Employees who fail to respond within ten (10) business days of being notified shall be considered to have quit and shall have their names removed from the recall list. 2. Employees may turn down a notice of recall one (1) time and remain on the recall list for the duration of the recall period. If an employee turns down a second and subsequent notice they will be permanently removed from the list. 3. Employees' names shall be placed on the recall list at the level of classification occupied at the time of layoff. 4. Employees on the recall list who are not eligible for recall to a particular position and applies by reason of their classification shall be considered for such promotional opportunities along with all other applicants. 5. Employees shall have up to twenty-one (21) days to report to work after a recall, so long as they have met A.14.4.D.1 E. For the purposes of bumping or for re-employment from the recall list, an employee is considered "qualified" for the position if the employee has worked in the classification of the available position for at least thirty (30) days and/or the employee meets job description specifications for the particular position, with the exception of 14.4.C.1.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean 44.01 Where, because of economy, consolidation or abolishment of functions, curtailment of activities or otherwise, the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when Employer determines it becomes necessary to reduce the number size of employees its work force, such reduction shall be made in accordance with the work force provisions hereinafter set forth. 44.02 Employees within this Division, as determined by the Employer, employees affected job titles/classifications shall be laid off by position. Laid according to their relative seniority with the least senior being laid off first, providing that all students, temporary, seasonal, part-time, and probationary employees may then exercise within the contractual bumping rights affected job titles/classifications, are laid off first in Section 6 belowthe above respective order. Section 3. 44.03 Employees who have been are laid off and who, within five from one job title/classification may displace (5bump) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has with the least seniority in an equal or lower rated job title/classification within his classification series. An employee may displace (bump) an employee in a lower job title/classification within his classification series providing the employee is immediately capable of performing the job duties of such position. B. . If the laid off employee has insufficient lacks the seniority to bump in his/her rankdisplace (bump) within his classification series, he/she shall then bump he may displace (bump) the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, with the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approvalseniority in another work area who occupies an equal or lower rated job title/classification, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided providing the employee is qualified for the vacant position and applies for is immediately capable of performing the job duties of such position. 44.04 Employees who are displaced (bumped) by a more senior employee shall be able to displace (bump) the employee with the least seniority in their classification series, pursuant to the provisions of paragraph 45.03, above. 44.05 In all cases where one employee is exercising his seniority to displace (bump) another employee, his right to displace (bump) into another job title/classification is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position to which he is attempting to displace (bump) into. 44.06 At the end of the displacing (bumping) process, the employee who is displaced (bumped) and unable to displace another employee pursuant to the above provisions shall be laid off. 44.07 Employee(s) who are scheduled for lay off shall have the option of displacing (bumping) another employee pursuant to the above provisions, or being directly laid off by the Employer. 44.08 Recalls shall be in the inverse order of lay-off and a laid off employee shall retain his right to recall for twenty-four (24) months from the date of his lay-off. Notice of recall shall be sent to the employee’s address listed on the Employer’s records and shall be sent by certified mail, return receipt. An employee who refuses recall or does not report to work within five (5) working days from the date the Employer mails the recall notice, shall be considered to have resigned his position and forfeits all rights to employment with the Employer. 44.09 Employees scheduled for lay-off shall be given a minimum of fourteen (14) days advance notice of lay-off. 44.10 Violations of this Article are appealable only through the grievance procedure herein contained.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1a) If a reduction of regular employees is necessary due to a shortage of work or budgetary restraints, the Employer shall meet with, and advise the Union of the proposed reduction and the jobs affected as soon as possible, and no reduction in staff shall occur until the following procedures are applied. Layoff The basic principle in applying layoff to any regular employee shall mean be last hired, first laid off provided the separation of an retained employee from can perform the active work force. Recall shall mean the return of an employee to the active work forcejob. Section 2. If and when it becomes necessary to reduce the number of b) Not less than ten (10) working days written notice (twenty (20) working days for employees in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within with five (5) days after years of service or more) will be given to affected employees before the scheduled reduction takes place. If the written notice by certified mail to the last known addressis not given, fail to respond as directed, or who decline recall, shall pay in lieu will be presumed to have resigned and their names shall be removed from the seniority listprovided. Section 4. Seniority as it is used c) The Employer will endeavour to determine layoff and recall shall be based upon continuous time place regular employees so affected in rank other vacant positions within the bargaining unit. If this criteria results in a tieVictoria Regional Transit System for which, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tieopinion of the Employer, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same they are qualified or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject qualified within a reasonable period of training and orientation. Such period of orientation is not to and contingent upon exceed thirty (30) working days. In such cases the Law Enforcement Division's approval, employees Union agrees to waive the requirement to post. Where placement in lieu of layoff may bump an equal level job is made available to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by the employee shall not have any bumping rights under this agreement, shall be ineligible to bump within the Sheriff's Office and Article. 8.02 A regular employee who is subject to layoff, and not eligible for placement under 8.01(c), may elect to exercise his bumping rights, in the employer willVictoria Regional Transit System on the following basis: a) An employee with less seniority in the same job classification, so long as or failing that, either: b) (i) An employee with less seniority in a job which the employee maintains seniority under the contract, make reasonable effort subject to refer such layoff held as a regular employee, with explanations or (ii) Bumping is also allowed to another comparable vacant position being filled by an equal or lower group that the Countydisplaced employee has not previously held but which, provided in the opinion of the Employer, the employee is qualified for the vacant position or will be qualified within a reasonable period of training and applies for such position.orientation. Such period of orientation is not to exceed thirty

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1. Layoff 13.01 A layoff shall mean be defined as a reduction in the separation workforce other than a reduction in the workforce that is expected to last less than seven (7) calendar days or that is as a result of an employee from unexpected or unavoidable temporary discontinuance of all or part of the active work force. Recall shall mean the return of an employee to the active work forceEmployer’s operations. Section 2. If 13.02 In the event of layoff and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employerrecall, employees shall be laid off in the reverse order of their seniority within their job classification and by position. Laid off location and recalled in order of their seniority, provided the employees may then exercise who remain on the contractual bumping rights in Section 6 belowjob have the qualifications, skill and ability to immediately perform the job duties. Section (a) An employee who is laid off or bumped may, within three (3) working days of being laid off or bumped, bump, regardless of location, the junior employee in the employee’s classification first, in the employee’s classification grouping second, in a lower paying job classification within the employee’s wage schedule third, and Agency wide fourth, provided the employee exercising the right to bump has relatively equal qualifications, skill and ability to immediately perform the job duties as the junior employee, provided the Employer does not exercise its discretion in determining relative equality in an arbitrary, capricious, or discriminatory manner . (b) For the purposes of this Article, classifications, classification groupings and wage schedules are as set out in the Wage Schedules referred to in Article 24.01 of this Collective Agreement. (c) An employee who is unable to bump a junior employee at the employee’s geographic location will be permitted to jump the minimum number of steps in (a) required to allow the employee to bump a junior employee in the employee’s geographic location. Employees who have been laid off and who, within five (5) days after notice by certified mail to exercising the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority right to bump in his/her rankaccordance with this article may, he/she shall then but will not be forced to bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedinto another geographic location. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office (d) Other than whomever he/she is replacing. Bumping out of the Unit shall be as provided in (c) an employee shall not proceed to the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided next step in the Departmental Rules and Regulationsbumping process outlined in (a) unless the employee is unable to bump a junior employee at the previous step. D. Employees may bump only to a position for which he/she is qualified as determined by 13.04 The Employer shall give the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within Union and all employees not less than two (2) years without taking a new testweeks notice of permanent layoff. Section 7. If an 13.05 Probationary, casual and contract employees shall be laid off before any permanent full-time or permanent part-time employee is laid off and shall have no recall rights. 13.06 A sponsored employee shall not be subject to lay off or bumping. 13.07 A permanent full-time or permanent part-time employee, covered by this agreementother than a probationary employee, who is laid off shall retain recall rights for twelve (12) months from the last day of work prior to the commencement of the layoff. 13.08 During periods of layoff casual shifts will be ineligible offered first to qualified permanent full-time and permanent part-time employees who are laid off. Acceptance of casual work is optional and will not be considered as a recall. 13.09 An employee who exercises the right to bump has the right to post for jobs internally within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionfirst twelve (12) months. This will not contravene Article 12.05.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean 12.01 In the separation event of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees a reduction in the work force within this Divisionfull-time workforce of a department, as determined by la yoff shall commence with the Employer, employees shall be laid off by position. Laid off employees may then exercise full-time employee with the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the least amount of total seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, providedwithin the job classification affected. 12.02 In the event of a reduction in the part-time workforce of a department, howeverlayoff shall commence with the part-time employee with the least amount of total seniority within the bargaining unit, that hewithin the job classification affected. 12.03 A full-time employee given the notice of lay-off may utilize his/she her seniority to displace the most junior full-time employee in a classification with the same or lower job rate provided the employee has the necessary ability and qualifications and provided the employee has greater seniority than the employee whom he/she whose position is to replacebeing claimed. The procedure If there are no full-time positions available for bumping in which the case of layoffs is as follows: A. The laid off employee shall bump the person in can utilize his/her rank in a position that he/she is qualified for who has seniority then the least seniority in a position. B. If the laid off full-time employee has insufficient seniority to bump in given notice may utilize his/her rankseniority to displace the most junior part-time employee in a classification with the same or lower job rate provided the employee has the necessary ability and qualifications and provided the employee has greater seniority than the part-time employee whose position is being claimed. Employees displaced under this process shall have rights to the same procedure. 12.04 A part-time employee given the notice of lay-off may utilize his/her seniority to displace the most junior part-time employee in a classification with the same or lower job rate provided the employee has the necessary ability and qualifications and provided the employee has greater seniority than the employee whose position is being claimed. Employees displaced under this process shall have rights to the same procedure. 12.05 An employee who elects to use his seniority as in paragraphs 12.03 and 12.04 above, he/she shall then bump receive the person in rate of pay for the next lower rank within the unit for position which he/she secures. 12.06 Notice of lay-off shall be given to an employee fourteen (14) calendar days in advance of lay-off. The Region agrees to give as much further notice as is qualified possible under this article. 12.07 In the event of recall, positions will be filled in the reverse manner to the layoff provided the employee’s ability and has sufficient seniority to bumpqualifications are sufficient. If more than one employee to be bumped meets this criteria, the least senior A full-time employee will be bumped. C. Subject recalled to either a full-time or part-time position and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump a part- time employee will only be recalled to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of part-time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1. Layoff A. The word “layoff” shall mean be defined as a reduction in the separation of an employee from the active work force. Recall When possible, the Employer shall mean the return give employees thirty (30) days notice of an employee to the active work forcelayoff. Section 2B. In the event there is need to reduce personnel, temporary and substitute employees who are not part of the bargaining unit will be laid off first. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employera further reduction occurs, employees shall be laid off according to seniority in their classification, providing the seniority employee can do the job. (As per Article XV, G.) C. Employees who are being laid off shall have the right to assume a position for which they are qualified in another classification providing: 1. The position is held by positionan employee with less district seniority; and provided the bumping employee can perform the job. 2. The position is of the same or a lesser weekly base pay rate if in bus driving or the same or a lesser 50 day rate if in some other classification. 3. The position provides for the same or fewer number of hours per week. D. Employees shall be recalled according to seniority in their classification. Employees on layoff shall be offered recall to other available positions in the department. E. Layoff and recall notices shall be sent by registered mail to the employee’s last known address, or by hand delivery. F. When a major cut back in the work assignment that is of ninety (90) days or one (1) semester duration (whichever is less) occurs to a seniority employee, that employee may bump a lower seniority employee within their classification, providing their schedule will allow the reassignment. G. Laid off bargaining unit members shall be offered the option to volunteer for substitute work for which they are qualified in the unit. Laid off employees may then exercise the contractual bumping rights who request, in Section 6 below. Section 3. Employees who have been laid off and whowriting, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, substitute work for which they are qualified shall be presumed to have resigned and their names utilized before non-bargaining unit personnel are called in. However, there shall be removed from no financial liability on the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time Board of Education in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If event an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testis not called. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 114.1. Layoff shall mean When the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when Employer determines it becomes is necessary to reduce the number of employees in the work force within this Divisionbargaining unit, as determined by the Employer, following procedures shall be followed: A. Management will determine in which classification(s) the layoffs are to occur. B. Bargaining unit employees in each affected classification with the least total continuous service with the Xxxxx County Children Services Board shall be laid off first. C. Management shall give the affected bargaining unit employees 21 calendar days written notice of their layoff unless prevented by positionemergency then notice will be as soon as possible (either Certified or Registered US Mail or by hand-delivery) indicating their right to bump bargaining unit employees within the same classification or lower classification (with less seniority) as determined by pay range, providing the employee is qualified to perform the function of the lower classification. Laid off Bargaining unit employees may then shall also have the right to bump into any classification in which they have previously served (providing there is a position available or there is a less senior employee that could be bumped). D. The affected bargaining unit employees shall have 4 working days in which to submit their written requests to exercise their right to bump into any other position previously held or within the same or lower classification. The request to exercise the contractual bumping right to bump must be submitted to the Executive Director. E. The affected bargaining unit employee(s) must possess the required qualifications and must also have maintained any required certifications/training in order to bump into a previously held position or into a lower classification. Training will be available to all bargaining unit employees. F. Any bargaining unit employee who is bumped out of their position may exercise the same layoff rights as outlined in Section 6 below14.1 (B) and (C) above. Section 314.2. Employees Any employee who have been laid off and who, within five displaces (5bumps) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, into a lower classification shall be presumed assigned to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time pay range in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is classification as follows: A. The laid off same numbered pay step in the new classification as the employee shall bump occupied in the person in his/her rank in a position that classification from which he/she is qualified for who was laid off or displaced (bumped); or B. The pay step that corresponds with the number of years the employee has served with the least seniority in a positionEmployer, if that step would be higher. Section 14.3. Prior to laying off any permanent, full-time bargaining unit employee, the following sequential order of reduction shall be implemented within the affected classification: A. Seasonal and Temporary Employees; B. If Probationary Part-time Employees; C. Permanent Part-Time Employees; D. Probationary Full-time Employees; Section 14.4. Laid off employees shall have recall rights for a period of eighteen (18) calendar months. Section 14.5. When the Employer decides to fill a position vacated, bargaining unit employees shall be recalled to the classification from which they were laid off or any lower classification in the inverse order in which they were laid off (provided they are qualified to do the work in the lower classification). It is the responsibility of the laid off employee has insufficient seniority to bump keep the Employer in formed of his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified current mailing address and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedtelephone number. C. Subject Section 14.6. Bargaining unit employees who fail to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump respond to a lower rank written notice of recall sent to the employee’s last known address as listed with the Employer, by certified mail return receipt requested, within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out 10 workdays of the Unit notice shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to forfeit his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible right to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified recall for the vacant position and applies for such that particular position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean 14.01 In the separation event that a reduction of an employee from the active work force. Recall shall mean workforce is required which is expected to exceed fourteen (14) days, the return of an employee Employer agrees to the active work force. Section 2. If and when it becomes necessary to reduce the number of layoff employees in the work force reverse order of seniority within this Divisiontheir job classification, as determined by providing that, in the judgement of the Employer, those employees shall be laid off by position. Laid off employees may then exercise who remain on the contractual bumping rights in Section 6 below. Section 3. Employees who job are willing and have been laid off the skills, qualifications, experience, education, ability, knowledge and who, within five (5) days after notice by certified mail training to perform the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6job. An employee who is subject to layoff, who so requests, may, in lieu of layoff, bump in layoff shall have the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is right to replace. The procedure for bumping in the case of layoffs is as followseither: A. The laid off (a) accept the layoff and be placed on a recall list for a period of eighteen (18) months or length of her seniority which ever is less; or (b) displace an employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least bargaining unit seniority in a position. B. If the laid off same job classification, or if there is no employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within same job classification with less bargaining seniority then displace the unit for which he/she employee who is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will in an identical or lower paying classification if the employee originally subject to layoff has the skills, qualifications, experience, education, ability, knowledge and training. Such employee so displaced shall be bumpedlaid off. C. Subject 14.02 An employee who displaces an employee in a lower paying classification will receive the salary/hourly rate paid to and contingent upon that classification. 14.03 In the Law Enforcement Division's approvalevent of recall, employees in lieu an employee shall have the opportunity of recall from layoff may bump of her former classification, or to a lower rank within the Law Enforcement Divisionpaying classification in order of seniority, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/judgement of the Employer, she is replacing. Bumping out willing and has the skills, qualifications, experience, education, ability, knowledge and training to perform the work. 14.04 The Employer shall notify the employee of recall opportunity by registered mail, addressed to the Unit last address on record with the Employer (which notification shall be as provided in deemed to be received on the Departmental Rules and Regulations or as agreed by seventh (7th) calendar day following the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff date of mailing). 14.05 No new employee shall be as provided in hired until those laid off have been given the Departmental Rules and Regulations. D. Employees opportunity of recall, subject to the provisions of Article 14.03. Notwithstanding the foregoing, should an employee refuse recall, the Employer may bump only hire a new employee to a fill the position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unitrecall opportunity was available. E. Seniority 14.06 Where circumstances permit, the Employer agrees to make best efforts to provide at least one month’s notice prior to any layoff as it is used defined in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or aboveArticle 14.01. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return 14.07 It is understood that this Article does not apply to his/her prior rank within two (2) years without taking a new testrelief employees. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 114.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions shall be made in accordance with the Rules of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYER. Layoff shall mean For the separation purpose of an involuntary reduction as a result of layoff, such layoffs shall be conducted by classification, and displacements shall be conducted based on system seniority. The employee from with the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees least System wide seniority (as defined in Article 10), in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights classification or if no vacancy exists in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names classification subsequently affected shall be removed from within the seniority list. Section 4affected classification. Seniority as it is used to determine layoff and recall If two or more employees have identical system seniority, then the employee with the highest last four digits of their social security number shall be based upon continuous time in rank within deemed to have the bargaining unitequivalent of lower seniority. If this criteria results in The continued employment of any employee so removed from a tie, seniority for this purpose position shall be defined as continuous time determined in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as followsfollowing manner: A. The laid off Once displaced from their present classification, an employee shall bump be demoted to a lower grade position within the person classification series in his/her rank descending order and shall be displaced into a vacancy and if no vacancy exists then displace an employee in a the lower grade position that he/she is qualified for who has the least seniority in a positionbased on system seniority. B. If not entitled to a position under the laid off above, the employee has insufficient seniority shall be placed into a position previously held by permanent appointment, commencing with the last previously held position and shall first fill a vacancy in such classification, and if no vacancy exists, then the employee shall displace an employee in that classification based on system seniority. C. If not entitled to bump a position under the above, the employee shall be demoted to a non-tested part-time position with the most scheduled hours and shall first fill a vacancy and if no vacancy exists then displace an employee in such non-tested part-time classification based on system seniority. D. If an employee is not entitled to a position under the above, or waives his/her rankrights to all positions under the above, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one said employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Divisionlaid-off. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff Any employee involuntarily displaced and/or laid-off shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to placed on a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.three

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff 18.1 A layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes be defined as a necessary to reduce the number of employees reduction in the work force within this Division, as determined by the Employer, Board. 18.2 No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee has been notified in writing at least fifteen (15) working days prior to the effective date of layoff. Such notice will not apply when layoff is necessitated by work stoppages or Acts of God. 18.3 The reduction procedure shall be individually applied within each classification as follows: A. Probationary employees shall be laid off by position. Laid off first, provided there are more seniored employees may then exercise who possess the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail qualifications to perform the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a positionjob. B. If In the event seniored employees must be laid off off, layoff shall be determined by the following order: 1. The least seniored within the classification being reduced, provided there are more senior employees remaining within the classification who possess the qualifications to perform the duties of the position(s) available. 2. In the event an employee is reduced from a position and no position is available to the employee within the classifications in which the reduced employee has insufficient seniority acquired seniority, the reduced employee shall have the opportunity to bump in his/her rankmake application to any posted vacancies within the unit. Should the employee be given one of the posted positions, he/she shall then bump retain the person in the next lower rank within the unit right to his/her job classification should a position become available for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedqualified. C. Subject to and contingent upon the Law Enforcement Division's approval, employees 3. An employee reduced from a position in lieu of layoff may bump to his/her present classification shall be retained at his/her request in a lower rank within the Law Enforcement Division, provided, however, that position in another classification in which he/she has greater length previously accumulated seniority, provided there is a less seniored employee in that classification and the reduced employee possesses the qualifications to perform the job. 18.4 Employees on layoff who are qualified shall be considered before the hiring of service new employees outside the district for a vacant position in another unit classification. 18.5 When there is a vacancy, employees shall be recalled in order of greatest seniority within the Sheriff's Office than whomever he/she is replacing. Bumping out classification from which they were reduced, provided the employee possesses the qualifications to perform the duties of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only position to a position for which he/she is qualified as determined being recalled to. In the event a tie exists, the employee with the greatest total years of service in the district shall be recalled first. In the event a tie exists, it shall be broken by the Sherifflast four (4) digits of the employee’s Social Security number, after with the employee with the highest number having met with representatives from the bargaining unitmost seniority. E. Seniority as it is used in bumping 18.6 Notices of recall shall be defined sent by certified or registered mail to the last known address as shown on the continuous length of time Board’s records (which shall be conclusive in any disputes). A recalled employee shall notify the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank Board within two (2) years without taking days after the letter is registered as arriving as to the employee’s acceptance or rejection and must report to work within three (3) days after such notification, exceptions may be made by the Superintendent. The Board may fill the position on a new testtemporary basis until the recalled employee is to report back for work. Section 718.7 An employee offered his/her former position who declines recall shall forfeit his/her seniority rights. 18.8 Employees shall remain on the recall list for a period of one (1) year or the length of his/her seniority, whichever is greater, but not to exceed two (2) years. 18.9 Probationary employees have no recall rights. 18.10 Employees who have their hours reduced by one (1) hour or more shall have the right to bump the least senior employee within his/her classification occupying a position that the senior employee can properly perform and who is scheduled as many hours per week/annually. If an employeethe employee being reduced has no one to bump, covered then the least senior employee with the nearest number of hours in his/her classification may be bumped. It is understood by the parties that this agreementlanguage does not create a domino effect. Only one (1) bump will occur. The bumped employee may take the position of the employee whose hours are reduced if that employee can properly perform the work. 18.11 Any school year bargaining unit employee who collects unemployment compensation during the summer months (MESC’s “summer denial period”) and who is recalled before the start of his/her normal work year to a position with the same or more hours of work, shall be ineligible obligated to bump within reimburse the Sheriff's Office and District the amount of unemployment compensation collected during the summer months. The District is subject authorized to layoff, obtain repayment through a payroll deduction of the employer will, so long as appropriate amount in equal payments over the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionentire year.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean 17.1 In the separation event of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of a reduction in staff, first temporary, then probationary, then part-time, then full-time employees in the work force within this Division, as determined by the Employer, employees classification groups affected shall be laid off by positionoff. Laid off Next, employees may then exercise with low seniority in the contractual bumping rights in Section 6 below. Section 3. Employees who have been classification group affected will be laid off and whooff, within five (5) days after notice by certified mail with the right to the last known addressbump into any pay grade classification, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tieCollege-wide seniority, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that provided he/she is qualified to perform the work of the other position. Qualified shall mean possessing the minimum qualifications for who the respective position and where the association and the administration agree that the employee has the least seniority potential to perform the duties required in a the new position. B. If Section 17.2 For the purposes of layoff and recall, there shall be three (3) separate pay grade classification groups that may not be crossed in determining bumping rights. In descending order, the groups are as follows: Maintenance Support IV Grant-funded positions Custodian Support III Support II Support I Contract-funded positions Section 17.3 In reducing the work force of a group because of lack of work or funds within the College, the last employee hired in the group will be the first employee laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within group and the unit for which last employee laid off in the group will be the first employee recalled, provided he/she is qualified to perform the work of the other position. Qualified shall mean possessing the minimum qualifications for the respective position and where the association and the administration agree that the employee has sufficient seniority the potential to bump. If more than one employee to be bumped meets this criteria, perform the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service duties required in the Sheriffnew position. An employee's Office than whomever he/she is replacing. Bumping out right to recall shall exist for a period of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only up to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testfrom the date of layoff. Section 7. 17.4 If an employeeany person who is employed in the bargaining unit at the time this Agreement is ratified should hereafter be reduced to part-time status, covered by this agreement, health insurance benefits shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, continued without cost so long as the employee maintains seniority under is scheduled to work twenty-four (24) or more hours per week. If the contractemployee should be scheduled to work fewer hours, make reasonable effort the Board’s contribution toward the cost of such health insurance benefits shall be pro-rated on the basis of the employee’s scheduled hours to refer such employee, with explanations forty (40). Section 17.5 The Administration shall give notice of an impending layoff to another comparable vacant position being filled the affected employee at least fourteen (14) calendar days prior to the effective date of the layoff. Employees must exercise any bumping rights by the County, provided effective date of the employee is qualified for the vacant position and applies for such positionlayoff.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff 17.01 A layoff for the purpose of this Agreement shall mean be defined as a termination of employment because of lack of work or because of the separation discontinuance of an employee from the active work force. Recall shall mean the return of an employee to the active work forcea function. Section 2. If 17.02 In the event of a layoff, the Union and when it becomes necessary to reduce Employer shall meet and discuss the number appropriate manner of employees effecting this layoff, including what displacements, if any, will occur and what recall rights the affected employee(s) may have. 17.03 Where layoffs occur in the Bargaining Unit, employees shall have the rights and protections provided under the Civil Service Act and Regulations. 17.04 The parties recognize that pursuant to section 63(2) of the Public Service Labour Relations Act that when conflict occurs between the provisions of this article and the Civil Service Act, the Civil Service Act shall prevail. 17.05 In the event of a layoff and where qualifications, skills and ability are equal, layoff shall be in reverse order of seniority within the classification series within the district or region of the department or agency where the lack of work force within this Divisionor discontinuance of a function has occurred. 17.06 Prior to laying off a full-time, as determined by part-time or seasonal employee, the EmployerEmployer shall first release a casual person, casual employee or term employee provided the employee identified for layoff has the qualifications, skills and ability to satisfactorily perform the work of the individual to be released. 17.07 Subject to Section 63(2) of the Public Service Labour Relations Act, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time recalled in the bargaining unitreverse order they were laid off. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions Recall shall be subject to the same Layoff employee having the qualifications, skills and Recall as regular County positionsability to perform the duties of the position. Employees laid off shall be given preference to job opportunities, unless prior to hiring of new persons, in other classifications if they are qualified, have the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 skills and 8ability to perform the work available. Section 617.08 For employees not covered by the provisions of the Civil Service Act: (a) Where the Employer intends to layoff an employee in the Bargaining Unit, the Employer shall provide the employee with at least two (2) months notice in advance of such layoff. (b) Such laid off employees shall be recalled to fill any positions for which they are qualified before new employees are hired to fill any positions in the Bargaining Unit. An employee subject This provision is in effect for a period not to layoff, who so requests, may, in lieu exceed twelve (12) months from time of layoff. (c) In addition to the protections and rights under 17.08 (a) and (b) above, bump in reverse seniority shall apply to layoffs. For the same or a lower rank purposes of lay off and bumping rights, seniority shall be computed on the basis of length of service within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping unit and in the case of layoffs is as follows: A. The equal seniority within the department, corporation or agency. Bumping rights shall be limited to bumping within the employee's Department Corporation or Agency and within the same classification series. That is, employees with less seniority shall be laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least before employees with greater seniority in that classification or a position. B. If the laid off employee has insufficient seniority to bump in his/her rankhigher classification by department, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations corporation or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, agency provided the employee with greater seniority is willing to move to the lower classification and is qualified for to do the vacant position job. (d) Notwithstanding 17.08 (c) hereof, where layoffs occur in the Bargaining Unit, casual, temporary, and applies for such positionprobationary employees who have not yet completed their initial probation period shall be laid off first, in that order.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1: Timberland Regional Library maintains a work force capable of doing the work necessary to perform its responsibilities. Layoff shall mean the separation If, because of an employee from the active work force. Recall shall mean the return a lack of an employee to the active work force. Section 2. If and when funds and/or a lack of work, it becomes necessary to reduce its work force, Timberland normally will attempt to reach reduced strength through attrition and curtailment of hiring. Job sharing, unpaid leaves of absence, transfer and early retirement represent other possible alternatives which may be considered. TRL shall notify the number Union prior to implementing layoffs, and the parties shall meet to discuss possible alternatives. Section 2: This reduction-in-force procedure is designed to effect staff layoffs in an orderly manner with a minimum of employees interference to the work process. Its purpose is to allow an employee whose position is to be reduced or eliminated to accept available employment in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowLibrary District. Section 3. Employees who have been : Temporary employees and substitute employees do not accrue seniority and they may not exercise the reduction-in-force rights provided in this procedure. A. An employee being laid off (his/her position is involuntarily eliminated or reduced by 20 percent or more or involuntarily reduced to the extent that he/she is no longer eligible for health insurance) shall be given written notice specifying the date and who, within five nature of layoff. Such notice will be given at least fourteen (514) days after notice by certified mail prior to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6its effective date. An employee subject so notified will be informed of his/her bumping options in writing at the time notice is given. B. Timberland will provide, upon request, individual counseling for employees laid off, to layoffinclude a review of options, who so requestsinformation on other positions within Timberland, mayinformation on vacancies outside of Timberland, in lieu of layoffadvice on job-seeking skills, bump etc. C. A laid-off employee may choose to "bump" (displace a less-senior employee from a retained position or fill a vacant position) into a position with the same or a lower classification in the same or a lower rank within different location according to the bargaining unit, provided, however, principle of seniority; provided that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such being bumped. An employee may not bump into a position which has more hours or that is in a higher grade than the employee's current position. 1. A laid-off employee who wishes to exercise his/her right to bump must so inform the Employer within seven (7) days of his/her receipt of a layoff notice. 2. An employee who bumps into a position must accept the classification of the position (including salary) as well as the number and schedule of hours assigned to it. Laid-off employees who bump into positions at the same or lower classifications will maintain their existing hourly rate of pay, except that in no case shall the employee earn more than the maximum hourly rate of pay for their new grade. 3. An employee who is bumped out of a position is considered as being laid off when bumped and is then entitled to his/her bumping rights as described herein. 4. If a regular employee bumps a probationary employee or a probationary employee is filling a position which is being eliminated, the probationary employee may not exercise the reduction-in-force rights provided in this procedure. 5. An employee may bump into a position in which the incumbent is on an authorized leave of absence; in such cases the incumbent may exercise any of the reduction-in- force options upon receipt of written notice. An employee may bump into a position filled on a long-term basis by a temporary employee. Regular employees temporarily assigned to positions that are laid off or bumped from such positions have all employee rights of their regular, assigned positions. Employees may not bump into temporary positions, as defined in Article 2 of the Union contract. 6. Employees who bump into different positions shall be subject to a six (6)-month trial service. If the Employer determines during this trial service that the employee is not successful in a position, the employee may choose to be placed on the recall list for whatever period of time remains in the eighteen (18)-month period from the original, effective date of layoff. A second, unsuccessful trial service will result in termination of employment. D. The Employer shall establish a recall list for a period of eighteen (18) months from the date of the layoff. Laid-off employees who do not bump may choose to have their names placed on the recall list. Employees on the recall list shall be considered first for all vacancies with the same or lower classification and with the same or lower FTE of the position last held, according to the principle of seniority; provided that the employee is qualified for the available position. 1. Employees on the recall list must indicate to the Employer the types and/or locations of positions for which they desire to be notified. Notices of recall for vacant positions with the same or lower classification which fit the employees' instructions will be sent, via certified and first-class mail, to the employees at their last-known address. Employees who fail to respond within ten (10) days of mailing of the recall notice shall be considered to have quit and shall have their names removed from the recall list. 2. Employees' names shall be placed on the recall list at the level of classification occupied at the time of layoff. Employees may exercise recall rights for positions at the same or lower classifications only. 3. Employees on the recall list who are not eligible for recall to a particular position by reason of their classification shall be considered for promotional opportunities along with all other applicants. E. For the purposes of bumping or for re-employment from the recall list, an employee is considered "qualified" for the position if the employee has worked in the classification of the available position for at least 30 days and/or the employee meets job description specifications for the particular position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 114.01 Except as otherwise provided in this agreement, all reductions, suspensions, removals and demotions shall be made in accordance with the Rules of the Dayton Civil Service Commission expressly applicable to employees of the EMPLOYER. Layoff shall mean For the separation purpose of an involuntary reduction as a result of layoff, such layoffs shall be conducted by classification, and displacements shall be conducted based on system seniority. The employee from with the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees least System wide seniority (as defined in Article 10), in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights classification or if no vacancy exists in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names classification subsequently affected shall be removed from within the seniority list. Section 4affected classification. Seniority as it is used to determine layoff and recall If two or more employees have identical system seniority, then the employee with the highest last four digits of their social security number shall be based upon continuous time in rank within deemed to have the bargaining unitequivalent of lower seniority. If this criteria results in The continued employment of any employee so removed from a tie, seniority for this purpose position shall be defined as continuous time determined in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as followsfollowing manner: A. The laid off Once displaced from their present classification, an employee shall bump be demoted to a lower grade position within the person classification series in his/her rank descending order and shall be displaced into a vacancy and if no vacancy exists then displace an employee in a the lower grade position that he/she is qualified for who has the least seniority in a positionbased on system seniority. B. If not entitled to a position under the laid off above, the employee has insufficient seniority shall be placed into a position previously held by permanent appointment, commencing with the last previously held position and shall first fill a vacancy in such classification, and if no vacancy exists, then the employee shall displace an employee in that classification based on system seniority. C. If not entitled to bump a position under the above, the employee shall be demoted to a non-tested part-time position with the most scheduled hours and shall first fill a vacancy and if no vacancy exists then displace an employee in such non- tested part-time classification based on system seniority. D. If an employee is not entitled to a position under the above, or waives his/her rankrights to all positions under the above, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one said employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Divisionlaid-off. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff Any employee involuntarily displaced and/or laid-off shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to placed on a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.three

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean 12.01 Where possible, the separation Employer will give seventy-two (72) hours' notice of an employee from the active work force. Recall shall mean the return of an employee layoff to the active work forceaffected employee(s), and will notify the Union twenty-four (24) hours prior to providing notice to the affected employees. Section 2. If and when 12.02 Whenever it becomes necessary to reduce the number workforce by layoff, the following procedure will apply: (a) Probationary employees within any affected classification will have their employment ended, (b) For the purpose of the seniority bumping procedure, an open job posting shall be considered the most junior. The open job posting shall remain junior up until a candidate has been awarded the position. (c) Seniority rated employees in the work force within this Division, as determined by the Employer, employees shall will be laid off by position. Laid off as set out below: In the event one or more part-time employees may then exercise are identified for a layoff of in excess of fourteen (14) days, the contractual bumping rights in Section 6 belowfollowing procedure will apply: (a) The classification which is required to be reduced will be identified. Section 3(b) The part-time employee(s) with the lowest Seniority Date in the classification will use his or her Seniority Date to return to his or her previous position occupied in the previous six (6) months, if one exists and seniority permitting. (c) If there was no previous position, the junior part-time employee in the classification affected will use his or her Seniority Date, if he or she has the skill, knowledge and ability with a brief familiarization to satisfactorily perform the job and is willing, to bump the most junior part-time employee in the department, seniority permitting, or may accept layoff. (d) The most junior part-time employee in the department by Seniority Date will, if he or she has the skill and ability with a brief familiarization to satisfactorily perform the job and is willing, bump the most junior part- time employee Casino wide, seniority permitting, or may accept layoff. (e) The most junior part-time employee Casino wide will be laid off. Employees Notice to one employee will be notice to all and the junior employee(s) laid off will be provided with a Record of Employment and will await recall. (f) All impacted part-time employees (who have been displaced but not actually laid off and who, within five (5off) days after notice by certified mail will be granted a one-time right to use his or her seniority to return to the last known addressposition and status that they were displaced from when there is next availability. In the event one or more full-time employees are identified for a layoff of in excess of fourteen (14) days, fail the following procedure will apply: (a) The classification which is required to respond as directedbe reduced will be identified. (b) Any full-time employee in the classification affected may use his or her Seniority Date to bump the junior part-time employee in the classification. (c) The full-time employee with the lowest Seniority Date in the classification affected will use his or her Seniority Date to return to his or her previous position occupied within the previous six (6) months, if one exists and seniority permitting. (d) If there is no previous position, the junior full-time employee in the classification affected may bump the most junior part-time employee in the classification, or (e) If there was no previous position, the junior full-time employee in the classification affected will, if he or she has the skill and ability with a brief familiarization to satisfactorily perform the job and is willing, bump the most junior full-time employee in the department, seniority permitting, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority listmay accept layoff. Section 4. Seniority as it (f) If the most junior full-time employee in the department is used affected, he or she will, if he or she has the skill, knowledge and ability with a brief familiarization to determine layoff satisfactorily perform the job and recall shall be based upon continuous is willing, bump the most junior full-time in rank within the bargaining unit. If this criteria results in a tieemployee Casino wide, seniority for this purpose shall be defined as continuous permitting, or may accept layoff. (g) If the most junior full-time employee in the bargaining unit. If this results in Casino is bumped, he or she will, if he or she has the skill and ability with a tiebrief familiarization to satisfactorily perform the job and is willing, seniority for this purpose shall be defined as continuous bump the most junior part- time employee Casino wide or may accept layoff. (h) Any most junior part-time employee impacted by (d) above, will have the rights in the Sheriff's Officepart-time provisions above. Section 5. Grant funded positions shall be subject (i) Notice to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpednotice to all and the junior employee(s) laid off will be provided with a Record of Employment and will await recall. C. Subject (j) All impacted full-time employees (who have been displaced but not actually laid off) will be granted a one-time right to and contingent upon use his or her seniority to return to the Law Enforcement Division's approval, employees in lieu position that they were displaced from when there is next availability. The Employer shall maintain the payment of layoff may bump its share of any applicable benefit premiums up to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out end of the Unit shall be as provided in month following the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulationsmonth of displacement. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean 11.01 In the separation event, due to return to work of an employee from employees leave of absence, suspension of schools, territorial changes affecting the active work force. Recall shall mean District, reduced enrollment, lack of work, abolishment of positions or for financial reasons, the return of an employee to the active work force. Section 2. If and when it becomes necessary Board determines to reduce the number of employees in a job classification, the work following procedures shall govern such layoff and/or subsequent reinstatement unless otherwise modified through the Ohio Revised Code after the effective date of this contract. 11.02 The number of employees affected by a reduction in force within this Divisionshall be kept to minimum by not employing replacements, insofar as determined by the Employerpractical, of employees who resign, retire or otherwise vacate a position. 11.03 Affected employees shall be laid off by position. Laid off employees may then exercise according to seniority within the contractual bumping rights in Section 6 below. Section 3. Employees who have been classification, with the least senior employee laid off and whofirst. For the purposes of this Article, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, classification seniority shall apply. Classification seniority shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4total amount of time an employee has worked in a classification. Seniority as it is used to determine Authorized paid or unpaid leaves of absence less than two (2) years do not constitute a break in continuous service for layoff and recall purposes. In the case of identical seniority, the least senior person shall be based upon continuous determined by the lowest last digit(s) in the Social Security Number unless a letter of intent exists documenting the date and/or time in rank within that the bargaining unit. If this criteria results in a tie, seniority for this purpose person was offered employment with the District. 11.04 An employee laid off from one (1) job classification shall be defined as continuous time able to bump into another job classification in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that which he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit worked and for which he/she is qualified, provided the employee exercising such bumping rights has greater seniority in that classification than the employee he/she seeks to displace. An employee may be deemed qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that if he/she has greater length continued to maintain current knowledge and/or skills directly related to the classification since his/her prior employment in that job classification. An employee may be required to demonstrate professional development offerings in which he/she has participated or any areas of specialization or certification he/she has received in said job classification. In the event an employee bumps into another classification, he/she shall be placed on the salary step equal to but not less than his/her total years of service in the Sheriff's Office than whomever new job classification. 11.05 The classifications contained in Article 1.01-A shall be used for the purpose of defining classification seniority in the event of layoff. 11.06 Before the effective date of layoff, the Board shall prepare and post a list of the names, seniority dates, and classifications affected, indicating the identity of the employees to be laid off. A copy of the posting shall be provided to the Union President. Each employee to be laid off shall be provided a fifteen (15) calendar day written notice in advance of the Board’s action which notice shall state: a. Reason(s) for the layoff b. The effective date of layoff c. A statement advising the employee of his/her right of reinstatement following layoff 11.07 For the classifications in which the layoffs occur, the Board shall prepare a reinstatement list. Names of employees on layoff shall be placed on the list in reverse order of layoff. Reinstatement to vacant positions shall be from employees on this list in the classification in which the vacancy arises before any new employees are hired into that classification. 11.08 Vacancies which occur in the classification affected by layoff, whether full or part-time, shall be offered to the employees in the classification in which the vacancy arises standing highest on the recall list before the next person may be considered. The employee shall have a period of ten (10) days to accept or decline recall, with silence being assumed to be a refusal of recall. In the event an employee is recalled to a position that would change his/her full-time or benefit status, he/she is replacingmay elect to decline recall and remain in his/her place on the recall list. Bumping out In cases where an employee has accepted another position through 5.04 of the Unit shall be as provided in Agreement and is recalled and refuses the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for from which he/she is qualified as determined by was laid off, the Sheriff, after having met with representatives from employee will relinquish all recall rights to the bargaining unitposition he/she was laid off from. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. 11.09 If an employee takes a lower ranking position (demotion) in lieu of layoffexercises his/her rights to bump into another classification and displaces another employee, he/she can return must accept recall back to his/her prior rank within two layoff classification and will be placed accordingly on the salary schedule at the time of layoff. 11.10 An employee who declines recall to a part-time position shall not lose his/her seniority for layoff/recall purposes to a less senior employee in like job classification at the time of layoff. 11.11 The employee's name shall remain on the recall list for a period of three (23) years without taking a new test. Section 7following the effective date of layoff. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoffUpon reinstatement, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionshall retain all previously accumulated seniority.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 116.1: When the Employer determines that a layoff or job abolishment is necessary due to a lack of work, lack of funds or a re-organization, all affected employees and the Union Local President shall be notified at least fourteen (14) calendar days in advance of the effective date of the layoff or job abolishment. Layoff shall mean The Employer agrees to discuss with representatives of the separation Union the impact of an employee from the active work force. Recall shall mean the return of an employee to the active work forcelayoff on bargaining unit employees. Section 216.2: The Employer shall determine in which classification(s) and which work section(s) layoffs will occur. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the EmployerWithin each classification affected, employees shall will be laid off by positionin accordance with their seniority and their ability to perform the remaining work available without further training. Laid When two or more employees have relatively equal experience, skill, ability and qualifications to do the work without further training, the employee(s) with the least seniority will be laid off employees may then exercise the contractual bumping rights in Section 6 belowfirst. Section 3. Employees who have been 16.3: Within the classification and/or work section in which a layoff occurs, temporary, intermittent, seasonal and employees serving their initial probationary period shall first be laid off, in that order, prior to the laying off of permanent, non-probationary employees in that classification or work section. Section 16.4: If a bargaining unit employee is laid off and whoor if the employee’s position is abolished, the employee shall have the right (but only once during any lay off affecting the position) to displace another less senior bargaining unit employee within the same classification series (equal to or less in rate of pay), or to likewise displace into a position that the employee has successfully held within the immediately preceding five (5) days after notice by certified mail to the last known addressyears, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions provided that such displacement shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as followsfollowing provisions: A. The laid off bargaining unit employee exercising displacement rights is currently qualified, with only orientation, to perform the duties of that position, and B. The bargaining unit employee exercises such displacement rights by so notifying the Employer not later than five (5) business days after receiving layoff notice, and C. The Employer shall bump have thirty (30) calendar days after the person employee displaces into the position to evaluate the employee’s performance and to determine whether the employee is, in his/her rank in a position fact, qualified to perform the duties of that he/she is qualified for who has the least seniority in a position. B. If the Section 16.5: Employees who are laid off employee has insufficient seniority to bump in his/her rankshall be placed on a recall list for a period of one (1) year. If there is a recall, he/she employees who are still on the recall list shall then bump the person be recalled, in the next lower rank within inverse order of their layoff, provided they are presently qualified to perform the unit for work in the job classification to which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedthey are recalled without further training. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu Section 16.6: Notice of layoff may bump to recall from a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as sent to the employee by certified or registered mail with a copy to the Union. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by certified or registered mail, return receipt requested, to the last mailing address provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testemployee. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within 16.7: In the Sheriff's Office and is subject to case of a layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such recalled employee, with explanations except for good cause shown, shall have five (5) calendar days following the date of mailing of the recall notice, sent certified mail-restricted delivery, to another comparable vacant position being filled by notify the CountyEmployer of the employee’s intention to return to work and shall have ten (10) calendar days following the mailing date of the recall notice in which to report for duty, provided unless a different date for returning to work is otherwise specified in the employee is qualified for the vacant position and applies for such positionnotice.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean In the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when event it becomes necessary to reduce the number of lay off employees in the work force within this Division, as determined by the Employerfor any reason, employees shall be laid off by position. Laid under the following order: a. For either citywide or department/division layoffs, employees shall be laid off employees may then exercise in the contractual bumping rights in Section 6 belowinverse order of their certification to Civil Service status (i.e., the end of their entrance level probationary period) within their classifications. Section 2. The City shall determine when reductions in force are necessary and which areas shall be affected, (i.e., citywide or by department/division). 3. Employees who have been When the City has formally considered a reduction in force, it will notify the Union of such reduction prior to the laying off of employees. 4. No permanent Civil Service employee shall be laid off because of lack of work or funds from any position while any provisional, temporary, first-time probationary and whopart-time employees, are employed within the same department. 5. Any employee who is to be laid off who has advanced to his present classification from a lower classification in which he held a permanent Civil Service appointment may, if he so desires, bump any employee with less seniority, provided it is done within the first five (5) business days after notice by certified mail to the last known address, fail to respond as directed, or notification of lay off. 6. Employees who decline recall, bump a lower classification shall be presumed paid a salary closest to have resigned and their names salary at time of layoff, but at no time shall be removed from the seniority listsalary paid exceed the maximum for the particular lower classification. Section 47. Seniority as The City shall, however, retain the right to lay off out of inverse order when it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tienecessary, seniority for this purpose shall be defined as continuous time in the bargaining unitCity's determination, to retain an employee with special knowledge, skill or ability. If It is understood that this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions determination shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8Grievance Procedure. Section 68. Any employee who is to be laid off, may carry all of his seniority (from all City employment) to any other classification in which that employee previously obtained Civil Service status, and bump an employee in said classification with less seniority provided it is done within the first five (5) business days after notification of lay off. 9. Any Civil Service employee who is to be laid off may bump the least senior temporary employee in any other job classification, if the Civil Service employee is capable of performing the duties then being performed by a temporary employee. The City agrees to use all reasonable efforts to accommodate the Civil Service employee in finding an appropriate job classification in which temporary employees are serving and in which the Civil Service employee may bump. The employee's election to bump must be done within the first five (5) business days after notification of layoff. 10. In the event a grievance arises out of paragraph 8 or 9 of this Article, the grievant will not be entitled to back pay however, for purposes of this Article only, the grievance will commence at the arbitration step of the grievance procedure. 11. An employee subject to layoff, who so requests, may, in lieu taking advantage of layoff, bump paragraph 8 or 9 of this Article shall be paid at the highest step of the other job classification's range that is not higher than the salary the employee was earning at the time of layoff from the classification from which the employee was transferred. It is the intent of the parties that the employee shall earn the salary in the same or a lower rank within the bargaining unit, provided, however, other classification that he/she has greater seniority than the employee whom he/she is closest to replace. The procedure for bumping his salary in the case of layoffs job classification from which he is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a positionbeing transferred. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff 13.01 A layoff shall mean be defined as a reduction in the separation workforce other than a reduction in the workforce that is expected to last less than seven (7) calendar days or that is as a result of an employee from unexpected or unavoidable temporary discontinuance of all or part of the active work force. Recall shall mean the return of an employee Employer’s operations. 13.02 With respect to the active work forcedevelopment of any operating or re-structuring plan which may affect the bargaining unit, the Union shall be involved in the planning process as soon as practicable and, in any event, in advance of such plans or proposals being finalized and notices of layoff being issued, or other actions taken that would adversely affect the bargaining unit and through to the final phases of the process. The final decision will be at the sole discretion of management. Section 2. If 13.03 In the event of layoff and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employerrecall, employees shall be laid off in the reverse order of their seniority within their job classification and by position. Laid off location and recalled in order of their seniority, provided the employees may then exercise who remain on the contractual bumping rights in Section 6 belowjob have the qualifications, skill and ability to immediately perform the job duties. Section (a) An employee who is laid off or bumped may, within three (3) working days of being laid off or bumped, bump, regardless of location, the junior employee in the employee’s classification first, in the employee’s classification grouping second, in a lower paying job classification within the employee’s wage schedule third, and Agency wide fourth, provided the employee exercising the right to bump has relatively equal qualifications, skill and ability to immediately perform the job duties as the junior employee, provided the Employer does not exercise its discretion in determining relative equality in an arbitrary, capricious, or discriminatory manner. (b) For the purposes of this Article, classifications, classification groupings and wage schedules are as set out in the Wage Schedules referred to in Article 24.01 of this Collective Agreement. (c) An employee who is unable to bump a junior employee at the employee’s geographic location will be permitted to jump the minimum number of steps in (a) required to allow the employee to bump a junior employee in the employee’s geographic location. Employees who have been laid off and who, within five (5) days after notice by certified mail to exercising the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority right to bump in his/her rankaccordance with this article may, he/she shall then but will not be forced to bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedinto another geographic location. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office (d) Other than whomever he/she is replacing. Bumping out of the Unit shall be as provided in (c) an employee shall not proceed to the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided next step in the Departmental Rules and Regulationsbumping process outlined in (a) unless the employee is unable to bump a junior employee at the previous step. D. Employees may bump only to a position for which he/she is qualified as determined by 13.05 The Employer shall give the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within Union and all employees not less than two (2) years without taking a new testweeks’ notice of permanent layoff. Section 7. If an 13.06 Probationary, casual and contract employees shall be laid off before any permanent full- time or permanent part-time employee is laid off and shall have no recall rights. 13.07 A sponsored employee shall not be subject to lay-off or bumping. 13.08 A permanent full-time or permanent part-time employee, covered by this agreementother than a probationary employee, who is laid off shall retain recall rights for twelve (12) months from the last day of work prior to the commencement of the layoff. 13.09 During periods of layoff, casual shifts will be offered first to qualified permanent full-time and permanent part-time employees who are laid off. Acceptance of casual work is optional and will not be considered as a recall. 13.10 An employee who exercises the right to bump has the right to post for jobs internally within the first twelve (12) months. This will not contravene Article 12.05. 13.11 Whenever a temporary vacancy or a temporary position that has been filled for the maximum of six (6) months has to be extended due to special circumstances, the Employer shall be ineligible permitted to bump within retain the Sheriff's Office and is subject incumbent for up to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positiona maximum of three (3) additional months.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 114.1. Layoff shall mean When the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when Employer determines it becomes is necessary to reduce the number of employees in the work force within this Divisionbargaining unit, as determined by the Employer, following procedures shall be followed: A. Management will determine in which classification(s) the layoffs are to occur. B. Bargaining unit employees in each affected classification with the least total continuous service with the Adams County Children Services Board shall be laid off first. C. Management shall give the affected bargaining unit employees 21 calendar days written notice of their layoff unless prevented by positionemergency then notice will be as soon as possible (either Certified or Registered US Mail or by hand-delivery) indicating their right to bump bargaining unit employees within the same classification or lower classification (with less seniority) as determined by pay range, providing the employee is qualified to perform the function of the lower classification. Laid off Bargaining unit employees may then shall also have the right to bump into any classification in which they have previously served (providing there is a position available or there is a less senior employee that could be bumped). D. The affected bargaining unit employees shall have 4 working days in which to submit their written requests to exercise their right to bump into any other position previously held or within the same or lower classification. The request to exercise the contractual bumping right to bump must be submitted to the Executive Director. E. The affected bargaining unit employee(s) must possess the required qualifications and must also have maintained any required certifications/training in order to bump into a previously held position or into a lower classification. Training will be available to all bargaining unit employees. F. Any bargaining unit employee who is bumped out of their position may exercise the same layoff rights as outlined in Section 6 below14.1 (B) and (C) above. Section 314.2. Employees Any employee who have been laid off and who, within five displaces (5bumps) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, into a lower classification shall be presumed assigned to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time pay range in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is classification as follows: A. The laid off same numbered pay step in the new classification as the employee shall bump occupied in the person in his/her rank in a position that classification from which he/she is qualified for who was laid off or displaced (bumped); or B. The pay step that corresponds with the number of years the employee has served with the least seniority in a positionEmployer, if that step would be higher. Section 14.3. Prior to laying off any permanent, full-time bargaining unit employee, the following sequential order of reduction shall be implemented within the affected classification: A. Seasonal and Temporary Employees; B. If Probationary Part-time Employees; C. Permanent Part-Time Employees; D. Probationary Full-time Employees; Section 14.4. Laid off employees shall have recall rights for a period of eighteen (18) calendar months. Section 14.5. When the Employer decides to fill a position vacated, bargaining unit employees shall be recalled to the classification from which they were laid off or any lower classification in the inverse order in which they were laid off (provided they are qualified to do the work in the lower classification). It is the responsibility of the laid off employee has insufficient seniority to bump keep the Employer in formed of his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified current mailing address and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedtelephone number. C. Subject Section 14.6. Bargaining unit employees who fail to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump respond to a lower rank written notice of recall sent to the employee’s last known address as listed with the Employer, by certified mail return receipt requested, within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out 10 workdays of the Unit notice shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to forfeit his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible right to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified recall for the vacant position and applies for such that particular position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. A. No tenured teacher (as defined in Section 110-lSl(b) of the Connecticut General Statutes as amended) shall be laid off when a position exists which is either vacant or occupied by a non-tenure teacher and for which the tenured teacher is certified. Layoff shall mean In the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when event that it becomes necessary to reduce the number of employees teaching staff, the following procedure shall be followed in identifying the teacher whose contract is to be terminated: 1. Non-tenured teachers in the work force within this Division, as determined by the Employer, employees affected certification areas shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowterminated before tenured teachers on a system-wide basis. Section 2. Among tenured teachers in the affected certification area(s), the least senior teacher within the following categories shall be terminated: a. Elementary (Kindergarten through Fifth Grade) b. Middle (Sixth Grade through Eighth Grade) c. Secondary (Ninth Grade through Twelfth Grade) within the department in which the position is eliminated. d. K-12 certified positions (e.g., speech and language pathologist, social worker, school psychologist, special education teacher, reading specialist, physical education teacher, music teacher, art teacher) 3. Employees A teacher who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, would otherwise be terminated from one ofthe four categories set forth above shall be presumed entitled to have resigned displace a less senior teacher at another level ifthe teacher is certified and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a said position. B. If the laid off employee has insufficient seniority It is understood that a layoff is a termination ofemployment subject to bump in his/her rank, he/she shall then bump the person administrative and/or judicial review in the next lower rank within manner set forth in §10-151 et seq. of the unit for which he/she is qualified Connecticut General Statutes as amended, and has sufficient seniority to bumpin no other manner. If more than one employee to be bumped meets this criteriaIn the case ofjudicial review under those statutory provisions, the least senior employee will parties agree that the provisions ofthis Article can and should be bumpedsubmitted to the court. C. Subject The name ofany employee who has been laid offshall be placed upon a reappointment list and remain on such list for one (1) year provided such teacher does not refuse a reappointment and provided such teacher applies in writing by certified or registered mail for retention oftheir name on said list on or before June first ofeach year subsequent to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulationstheir termination. D. Employees may bump only No new employee shall be hired to fill a position for which he/she an employee on the reappointment list is certified and qualified. In cases where more than one (1) employee on the reappointment list is certified and qualified as determined by for a particular position to be filled, seniority shall be the Sheriff, after having met with representatives from determining factor in the bargaining unitrecall process. E. Seniority as it is used in bumping No employee who has been laid off shall be defined entitled to payment or accrual ofany compensation or fringe benefits, whether or not they remains on the reappointment list. However, an employee who is re-appointed from the list shall be entitled to reinstatement ofany benefits earned or accrued at the time oflayoff, and further accrual ofsalary increments and fringe benefits shall resume where they left off. No years oflayoff will be credited as the continuous length of time in the bargaining unit in the rank of Sergeant years ofservice for compensation or aboveretirement purposes. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, Seniority shall be ineligible to bump within the Sheriff's Office determining factor in layoffs for tenured employees. For non­ tenured employees, ifin the judgment ofthe Superintendent, non-tenure teachers under consideration for layoff have similar skill, qualifications and is subject to layoffability, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionthen those having least years ofcontinuous service in Colchester will be released first.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee The union will be notified prior to the active work forcecommencement of a layoff process. The district will notify the Union President and provide a list of impacted employees, the current position held, years of VCS service and the areas of certification. Section 2. If Layoff and when it becomes necessary recall shall be governed by certification, evaluation, and seniority, in that order in accordance with the procedure set out in this article. 3. When the Superintendent determines that a layoff will occur, the administration shall determine the grade levels/subject areas to reduce be affected. The administration shall then identify the number of employees teacher(s) teaching in the work force effected grade levels/subject area who has the lowest evaluation rating, who will then be subject to the layoff. If more than one (1) teacher has the same evaluation rating, then the least senior of those teachers shall be subject to the layoff. Once the teachers to be subject to the layoff have been identified, the Superintendent shall then make any involuntary transfers necessary as a result of the layoff in accordance with Article 15. 4. Where a teacher is laid off who has an effective or better evaluation, the district will offer to place the teacher in a position in the district, provided the teacher has at least a bachelor’s degree and has professional certification in at least one subject area. If the teacher declines the placement that is offered or fails to respond within this Division, as determined the time frame provided by the Employerpersonnel department, employees but not less than three days, then he or she shall be laid off off. If the teacher is placed in a position for which he or she would be out of field, then the teacher must either: a. If the position is one for which certification can be obtained through the passage of an exam, then the teacher must pass the exam by positionthe June 30th following the one-year anniversary of the notification; or b. If the position is not one for which certification can be obtained through passage of an exam, then the teacher must complete the requirements and obtain certification appropriate for the position within two (2) years; or c. Complete a minimum of six (6) semester credits per year for certifications that require more than two (2) years to complete the requirements for certification. Laid off employees may If the teacher has a less than effective evaluation, does not have a bachelor’s degree and professional certification in at least one subject area, or the teacher fails to comply with the above stated requirements, then exercise the contractual bumping rights in Section 6 belowhe or she shall be laid off. Section 35. Employees who have been laid off and whowho had satisfactory of better evaluations will be recalled on the basis of seniority to positions for which they are certified, within five (5) days after notice by certified mail unless the position requires documented skills and qualifications that benefit the overall operation of the school, but which the teacher does not have, with the employee with the most seniority on layoff being called back first using the criteria listed above. 6. A non-tenured teacher who has been laid off shall only have recall rights through the end of the school year in which he or she was laid off. A tenured teacher on layoff shall remain on the recall list so long as he expresses a desire to do so to the last known addressBoard, fail to respond as directedin writing, or who decline recallat least once per school year, shall be presumed to have resigned and their names shall be in accordance with procedures established by the Superintendent, unless removed from the seniority listlist in accordance with the terms of this article. It is the employee’s obligation to notify the School Board of any change of address. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees 14.01 When there is a reduction in the work force within this Divisionworking force, as determined by the Employerfollowing procedures shall be used: a) All probationary employees through the plant shall be laid off first; b) Thereafter, employees shall be laid off by position. Laid off in inverse order of seniority provided there are available employees may then exercise who are able to satisfactorily perform the contractual bumping rights in Section 6 below. Section 3work to be done. Employees who have been laid off retained must be able to satisfactorily perform the work available and who, within will be allowed a five (5) days after notice by certified mail day familiarization and instruction period. 14.02 If there is a reduction in a classification, the affected seniority employee shall have the right to utilize their seniority to another classification provided they are able to demonstrate satisfactorily to the last known address, fail to respond as directed, or who decline recall, shall be presumed to Company that they have resigned the skill and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time ability and/or previously acquired in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, another classification that he/she has greater seniority than the employee whom he/she is to replacethey held. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least affected seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedpaid at the applicable rate of pay for the work performed in the new classification. C. Subject 14.03 When there is an increase in the working force after a layoff the reverse of the above layoff procedure shall be followed. 14.04 Employees recalled must be able to satisfactorily perform the work available and contingent upon will be allowed a five (5) day familiarization period. 14.05 Whenever possible, a list of employees to be laid off shall be made available to the Law Enforcement Division's approval, employees in lieu Union at least forty-eight (48) hours prior to the layoff becoming effective. It is understood and agreed that the Company may give shorter notice of layoff may bump to in circumstances beyond the control of the Company. 14.06 In the event of a lower rank layoff that lasts longer than the balance of a regular shift, upon which the layoff occurs, reduction in the working force shall be in accordance with the layoff procedure in 14.01 (above). 14.07 In the event of a reduction of the workforce during a shift, high seniority employees within the Law Enforcement Division, provided, however, that he/she has greater length of service in respective classification will be canvassed to leave early prior to the Sheriff's Office than whomever he/she is replacing. Bumping out layoff of the Unit lowest seniority employees provided however that the lower seniority employees are capable of performing the work available. 14.08 When students are employed they shall be as provided in laid-off before the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulationsemployees. D. Employees may bump only to a 14.09 The Shop Committee will be retained at work notwithstanding their position for which he/she is qualified as determined by on the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, seniority list so long as the employee maintains seniority under the contract, make reasonable effort work is available which they are able to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionsatisfactorily perform.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff 17.01 When the layoff of permanent employees is anticipated the Employer shall mean determine the separation of an employee from the active work force. Recall shall mean the return of an employee positions to the active work force. Section 2. If and when it becomes necessary to reduce be eliminated and/or the number of employees to be laid-off. The Employer will endeavour to give the Union as much advance notice of layoffs as is reasonably practicable in order that discussions may be held to provide an orderly and equitable layoff procedure. The Employer will meet with the work force within this Division, as determined by Union on request to discuss ways of reducing the Employer, employees shall impact of the layoff on employees. Such ways may include but not be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail limited to the last known address, fail to respond as directed, canvassing other vacancies inside or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within outside the bargaining unit, provided, however, that he/she has exploring possible voluntary resignations and identifying available temporary work. 17.02 Layoffs will be in inverse order of seniority in the same job classification. Employees with greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least may displace employees with less seniority in a positionlower classification provided they have the demonstrated qualifications (with reasonable orientation) to perform the duties of the more junior employee. B. 17.03 If it becomes necessary for the laid Employer to lay off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteriaemployees, the Employer shall provide to the employees affected: (a) at least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking weeks’ notice in writing in advance of the proposed layoff; or (b) basic pay in lieu of notice equal to at least two (2) weeks; or (c) a new testcombination of notice and basic pay in lieu of notice equalling at least two (2) weeks. Section 7. If 17.04 During the notice period set forth above in Article 17.03 the employee may have paid time off to pursue internal and external employment opportunities, job search assistance, training or any other activity which could improve his chances of achieving a successful career transition. 17.05 For layoff purposes, the Employer will, unless otherwise determined by mutual agreement of the parties, attempt to place affected employees through the following process: (a) an employee, covered by this agreement, shall employee to be ineligible laid off will be given opportunity to bump apply for any existing vacancies within the Sheriff's Office and bargaining unit pursuant to the provisions of this Agreement; (b) an employee to be laid off will be given consideration for existing vacancies outside the bargaining unit, provided that in the opinion of the Employer it is appropriate to do so; (c) if there is more than one qualified candidate for a vacancy, the Employer will select the successful candidate pursuant to the provisions of this Agreement; (d) should an employee subject to layofflayoff be placed successfully into a vacancy under this Article, the employer willemployee will be subject to a trial period pursuant to the provisions of this Agreement. 17.06 Permanent employees who are subject to layoff will retain their seniority in accordance with the provisions of Article 10 and have recall rights for their seniority retention period. 17.07 When the Employer declares a vacancy, so long as the employee maintains seniority under Employer will recall laid off employees in accordance with the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionprovisions of Article 17.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1(a) A layoff is defined as a reduction in the workforce or a reduction in the hours of work of any employee covered by this Agreement. (b) An Employee may be laid off because of shortage of work, shortage of Funds or because of the elimination of a position or classification. 18.2 Both parties recognize that job security should increase in proportion to length of service. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee Accordingly, subject to the active work force. Section 2. If and when it becomes necessary to reduce the number other provisions of employees this Article, in the work force within this Divisionevent of a layoff, as determined by the Employer, employees Employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights classification in Section 6 belowreverse order of their seniority. Section 318.3 The Employer shall give ten (10) working days notice to Employees to be laid off. Employees who have If the Employee has not been laid off given such notice, the Employee shall be paid for those days for which the Employee was not given notice. 18.4 In the event that an Employee has received notice of layoff and whowishes to exercise bumping rights, within five (5) days after notice by certified mail the affected Employee will forward a written request to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from Director of Human Resources within seven (7) calendar days of receiving the seniority listnotice of layoff. Section 4. Seniority as it 18.5 Provided the Employee has the required qualifications, skills and experience and is used immediately able to determine layoff and recall shall be based upon continuous time in rank meet the full requirements of the position, the Employer will transfer the Employee to replace either of the following: a) The least senior Employee within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within different classification having the bargaining unit, provided, however, that he/she has same or greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case hours of layoffs is work as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, same geographic area as the Employee; or b) The least senior Employee within the same or a different classification having the same or greater hours of work as the laid off employee will be bumpedand within another geographic area as the Employee. Notwithstanding (a) and (b) above, an employee may replace an employee with fewer hours of work by following the procedure outlined in (a) or (b) above. Any employee advised of a reduction of hours of work may choose not to exercise their rights of replacement outlined in this Article. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping 18.6 Geographic areas shall be defined by mutual agreement as the continuous length a school or a group of time schools, or failing agreement, as a County. 18.7 Laid off Employees who apply for a position and are qualified shall be recalled in order of their seniority before external applications are considered. 18.8 No new Employees will be hired in the bargaining unit in classification of the rank laid off Employee until those laid off have been given an opportunity of Sergeant or abovere-employment. F. If an employee takes a lower ranking position 18.9 The Employer must provide employees with at least one (demotion1) in lieu month's notice of layoffits intention regarding the scheduling of employees during Christmas, he/she can return to his/her prior rank within two (2) years without taking a new testMarch and summer breaks. Section 7. 18.10 An Employee who is laid off shall have the option of continuing group life and health and medical in accordance with the terms of the policies provided the Employee pays one hundred percent (100%) of the costs of the premiums for the plans. 18.11 If an employee, covered by this agreement, shall be ineligible there are CUPE members on recall in classifications and consideration is being given to bump within contracting out the Sheriff's Office and is subject to layoffwork of those same classifications, the employer will, so long as Union will be given the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified opportunity for the vacant position and applies for such positionconsultation. 18.12 Notwithstanding Article 18.3 -

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 115.1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when When it becomes necessary to reduce the number of employees in the work force within this Divisionbargaining uni. because of lack of funds, as determined by lack of work, or abolishment of positions, the Employer, employees following layoff procedures shall be followed: A. The Employer shall determine in which classification the layoffs are to occur. B. Employees in each affected classification shall be laid off in inverse order of agency seniority. For the purpose of a tie breaker for those employees affected by positionthe merger of the agencies, the order of seniority will be determined in accordance with their time with the agency. Laid off employees may then exercise In the contractual bumping rights in Section 6 belowevent two (2) people were hired on the same date, if applicable, the earliest date of application will be used as a tie breaker. If not applicable, a drawing of lots will be used. Section 3C. The Employer shall give the affected employee ten (10) days written notice of their layoff indicating their right to bump less senior employees in any lower or equal classification, within the bargaining unit, for which they are qualified. D. The affected employees shall have five (5) working days in which to submit their written request to exercise their right to bump into any other position for which they are eligible and qualified. Employees who have been laid off and who, An employee not submitting such request within five (5) working days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed considered to have resigned accepted the layoff. Any employee who occupies a Management position and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within has been out of the bargaining unit. If this criteria results in unit for three (3) or more years shall not bump into a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6unit position. An employee subject to layoff, who so requests, may, has not served in lieu a management position longer than three (3) years may bump into a bargaining unit position but will lose all bargaining unit seniority. A 90-day probationary period will apply. E. Any bargaining unit employee who is bumped out of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has may exercise the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of same layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be rights as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or outlined above. F. If an employee takes Prior to the implementation of a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testthe Employer will consider any written requests from bargaining unit employees for voluntary layoffs. Section 715.2. If an employeeThe Employer agrees that, covered prior to any reduction in the workforce, all temporary, seasonal, intermittent, and student positions will be eliminated. Before any permanent, non- probationary employees are laid off, all probationary new hires will be eliminated. Section 15.3. In those instances when the Employer chooses to reorganize without reducing the workforce, the choice to occupy any newly created position(s) will be given, according to seniority, to those employees in the affected classification(s). The employee must be qualified to occupy the newly created position(s). Should all employees in the affected classification(s) elect not to occupy the new position(s), layoff procedures will begin. Section 15.4. Nothing contained in this layoff procedure shall prohibit any non-bargaining unit employee from exercising the rights guaranteed to him/her under the Ohio Revised Code. Section 15.5. Laid off employees shall have recall rights to the position from which they were laid off for thirty-six (36) months from the effective date of the layoff. Section 15.6. When the Employer decides to fill a position vacated by this agreementlayoff, eligible employees shall be ineligible recalled in the inverse order by which they were laid off by classification. Section 15.7. In the event of an anticipated layoff due to bump within lack of funds, this Agreement may be reopened upon agreement of both parties. The parties shall discuss other cost savings mechanisms in an effort to save jobs. Section 15.8. In the Sheriff's Office and is subject to event of a layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position Management will post a recall and applies for such positiondisplacement list.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1(a) A layoff is defined as a reduction in the workforce or a reduction in the hours of work of any employee covered by this Agreement. (b) An Employee may be laid off because of shortage of work, shortage of Funds or because of the elimination of a position or classification. 18.2 Both parties recognize that job security should increase in proportion to length of service. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee Accordingly, subject to the active work force. Section 2. If and when it becomes necessary to reduce the number other provisions of employees this Article, in the work force within this Divisionevent of a layoff, as determined by the Employer, employees Employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights classification in Section 6 belowreverse order of their seniority. Section 318.3 The Employer shall give ten (10) working days notice to Employees to be laid off. Employees who have If the Employee has not been laid off given such notice, the Employee shall be paid for those days for which the Employee was not given notice. 18.4 In the event that an Employee has received notice of layoff and whowishes to exercise bumping rights, within five (5) days after notice by certified mail the affected Employee will forward a written request to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from Director of Human Resources within seven (7) calendar days of receiving the seniority listnotice of layoff. Section 4. Seniority as it 18.5 Provided the Employee has the required qualifications, skills, and experience and is used immediately able to determine layoff and recall shall be based upon continuous time in rank meet the full requirements of the position; the Employer will transfer the Employee to replace either of the following: (a) The least senior Employee within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within different classification having the bargaining unit, provided, however, that he/she has same or greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case hours of layoffs is work as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, same geographic area as the Employee; or (b) The least senior Employee within the same or a different classification having the same or greater hours of work as the laid off employee will be bumpedand within another geographic area as the Employee. Notwithstanding (a) and (b) above, an employee may replace an employee with fewer hours of work by following the procedure outlined in (a) or (b) above. Any employee advised of a reduction of hours of work may choose not to exercise their rights of replacement outlined in this Article. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping 18.6 Geographic areas shall be defined by mutual agreement as the continuous length a school or a group of time in the bargaining unit in the rank of Sergeant schools, or abovefailing agreement, as a County. F. If an employee takes 18.7 Laid off Employees who apply for a lower ranking position (demotion) and are qualified shall be recalled in lieu order of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testtheir seniority before external applications are considered. Section 7. 18.8 No new Employees will be hired in any classification that the laid off Employee is qualified to preform until those laid off have been given an opportunity of re-employment. 18.9 The Employer must provide employees with at least one (1) month’s notice of its intention regarding the scheduling of employees during Christmas, March and summer breaks. 18.10 An Employee who is laid off shall have the option of continuing group life and health and medical in accordance with the terms of the policies provided the Employee pays one hundred percent (100%) of the costs of the premiums for the plans. 18.11 If an employee, covered by this agreement, shall be ineligible there are CUPE members on recall in classifications and consideration is being given to bump within contracting out the Sheriff's Office and is subject to layoffwork of those same classifications, the employer will, so long as Union will be given the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified opportunity for the vacant position and applies for such positionconsultation. 18.12 Notwithstanding Article

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1Both parties recognize that job security should increase in proportion to length and quality of service. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees Therefore, in the work force within this Divisionevent of a layoff, as determined by the Employer, employees Employees shall be laid off in accordance with Article 13 – Seniority. Employees shall be recalled in order of their seniority, provided the Employee retained or recalled can perform the work in a satisfactory manner. For clarity, layoffs, under the provisions of this Collective Agreement shall include the reduction of daily or biweekly hours of any full-time Employee only. For clarity, in the event of a layoff bargaining unit wide seniority shall be the governing factor and the Employer shall layoff the least senior Employee in the classification. The laid off Employee shall then be afforded their layoff rights, which includes either their choice to bump the least senior full time, part time or temporary Employee with less seniority in a classification equivalent to, or lesser than the classification they occupy, provided they are deemed qualified to perform the work by position. Laid off employees the Employer; or, they may then exercise choose to accept placement in a vacant position of equal or lower classification prior to the contractual bumping rights in Section 6 belowvacant position being posted. Section 3(a) In all cases of layoff or recall bargaining unit wide seniority shall be the governing factor provided the Employee retained or recalled can perform the work in a satisfactory manner. Employees An Employee who would be laid off under these circumstances may only replace (bump) the least senior Employee with lesser seniority who occupies a classification equivalent to, or lesser than the classification they occupy provided they are deemed qualified by the Employer to do the work, and subject to departmental testing. (b) As an alternative to bumping, an Employee may choose to accept placement in a vacant position of equal or lower classification prior to the vacant position being posted for the consideration of other Employees. (c) Further, as an alternative to a) or b) above, an Employee may choose to revert to “on-call part-time” status. (d) In the event of a layoff, Members of the Executive Board, Grievance Committee Representatives and Location Stewards shall be the last to be laid off, regardless of where they may be employed. (e) No new Employee will be hired until those laid off (who have sufficient ability to perform the work required) have been given the opportunity of rehire. (f) The Employer is to provide thirty (30) working day notice of layoff. (g) The Employer will notify, in writing with a copy to the Union, all laid off and who, within five (5) days after notice by certified mail Employees of the position vacancies. Notification will be sent to the last known addressaddress of the laid off Employee, fail who will have fourteen (14) calendar days from the day of mailing to respond as directedapply for the positions. (h) An Employee, or who decline recallafter receipt of layoff notice, shall be presumed retain recall rights for the period defined in this collective agreement, to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tiehome classification, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tiewhether they are laid-off, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same bumped or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a post into another position. B. If (i) For the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified purposes of layoff and has sufficient seniority to bump. If more than one employee to be bumped meets this criteriabumping, the least senior employee will seniority list used shall be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank current list generated by Human Resources within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out one (1) week of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulationsdate of notice. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean 13.01 In the separation event of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If a lay-off or staffing realignment, temporary agency employees and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, probationary employees shall be laid off by position. Laid first, provided that the remaining employees have the skill, ability and qualifications to meet the normal requirements of the remaining work to be done. 13.02 If further lay-offs are necessary then: 13.02.1 Employee(s) within the job classification of the affected department shall be laid off employees may then in reverse order of seniority. 13.02.2 Those displaced employee(s) from within the classification wishing to exercise the contractual their bumping rights shall first claim the job of a less senior employee in Section 6 belowanother department in a classification level of equal pay rate e.g. “material handler” displacing “driver”. Section 13.02.3 If the displaced employee(s) is unable to displace an employee in their classification or a classification of equal pay rate on their shift in any department then such employee may displace the junior employee in a classification pay rate level below that which they held. 13.02.4 Employees not having seniority to stay on their shift or not wishing to bump to a lower rate may bump the most junior person in their department and classification on another shift providing they have the seniority. 13.02.5 Employees not having seniority to displace anyone in their department may displace the most junior employee in a classification of equal or lower rate in any department or shift providing they have seniority. 13.03 The above lay off procedure is subject to the following criteria: 13.03.1 That the employee(s) claiming such other job has the skill, ability and qualifications to meet the normal requirements of the work to be done without training. The displacing employee will be afforded a three (3. Employees who have been laid off and who) day familiarization period only. 13.03.2 In the event of a permanent layoff (no recall date), within the displacing employee will be afforded five (5) days after notice by certified mail of training only for those positions above Associate 2. 13.04 Employees on lay-off will have their name recorded on a callback listing for an amount of time equal to their length of service up to a maximum of two (2) consecutive years, prior to lay-off. Employees will be recalled in order of seniority provided they can immediately meet the requirements of the work to be done. In the event an employee declines a recall to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall classification from which they held his/her name will be removed from the seniority listcallback listing. Section 4. Seniority as it 13.05 Temporary lay-offs, for up to five (5) regularly scheduled working days, for example, when a customer shuts down for a short period, or when there is used a machinery breakdown, may be issued first from those employees volunteering to determine layoff and recall shall be based upon continuous time in rank take the layoff, then by reverse seniority within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time classification in the bargaining unitdepartment and on the shift where such layoff exists. If this results Full time employees may use their seniority to work in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff other departments and Recall as regular County positions, unless the grant requires different treatmentshifts/or during temporary layoffs, as stated in Article 30, Loss per the language above provided they have the skill and ability to do so. Any remaining vacancies as a result of Seniority, Sections 7 and 8. Section 6. An employee subject full time employees failing to successfully qualify and/or elect to take a voluntary layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedoffered to temporary employees. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1. Layoff 17.01 When the layoff of permanent employees is anticipated the Employer shall mean determine the separation of an employee from the active work force. Recall shall mean the return of an employee positions to the active work force. Section 2. If and when it becomes necessary to reduce be eliminated and/or the number of employees to be laid-off. The Employer will endeavour to give the Union as much advance notice of layoffs as is reasonably practicable in order that discussions may be held to provide an orderly and equitable layoff procedure. The Employer will meet with the work force within this Division, as determined by Union on request to discuss ways of reducing the Employer, employees shall impact of the layoff on employees. Such ways may include but not be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail limited to the last known address, fail to respond as directed, canvassing other vacancies inside or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within outside the bargaining unit, provided, however, that he/she has exploring possible voluntary resignations and identifying available temporary work. 17.02 Layoffs will be in inverse order of seniority in the same job classification. Employees with greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least may displace employees with less seniority in a positionlower classification provided they have the demonstrated qualifications (with reasonable orientation) to perform the duties of the more junior employee. B. 17.03 If it becomes necessary for the laid off employee has insufficient seniority Employer to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criterialayoff employees, the Employer shall provide to the employees affected: (a) at least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking weeks notice in writing in advance of the proposed layoff; or (b) basic pay in lieu of notice equal to at least two (2) weeks; or (c) a new testcombination of notice and basic pay in lieu of notice equalling at least two (2) weeks. Section 7. If 17.04 During the notice period set forth above in Article 17.03 the employee may have paid time off to pursue internal and external employment opportunities, job search assistance, training or any other activity which could improve his chances of achieving a successful career transition. 17.05 For layoff purposes, the Employer will, unless otherwise determined by mutual agreement of the parties, attempt to place affected employees through the following process: (a) an employee, covered by this agreement, shall employee to be ineligible laid off will be given opportunity to bump apply for any existing vacancies within the Sheriff's Office and bargaining unit pursuant to the provisions of this Agreement; (b) an employee to be laid off will be given consideration for existing vacancies outside the bargaining unit, provided that in the opinion of the Employer it is appropriate to do so; (c) if there is more than one qualified candidate for a vacancy, the Employer will select the successful candidate pursuant to the provisions of this Agreement; (d) should an employee subject to layofflayoff be placed successfully into a vacancy under this Article, the employer willemployee will be subject to a trial period pursuant to the provisions of this Agreement. 17.06 Permanent employees who are subject to layoff will retain their seniority in accordance with the provisions of Article 10 and have recall rights for their seniority retention period. 17.07 When the Employer declares a vacancy, so long as the employee maintains seniority under Employer will recall laid off employees in accordance with the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionprovisions of Article 17.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean 7.1 In the separation event of an employee from a layoff of five (5) working days or less, the active work force. Recall shall mean University may layoff on the return of an employee to shift by the active work forceoperation or classification involved, the least senior employee(s) in the department (Athletics, Facilities Services or Memorial Union) and in that position classification. Section 2. If and when it becomes necessary to reduce 7.2 In the number event of employees a layoff in the work force within this Division, as determined by the Employerexcess of five (5) working days, employees shall be laid off by positionfrom their classification in accordance with their seniority. Laid An employee who is laid off employees may then exercise from his/her classification, seniority permitting, will displace the contractual bumping rights least senior employee in Section 6 belowthe classification that is equal to or lower than the classification from which she/he is being displaced and which is the least reduction in pay; provided, however, the employee is qualified for such classification. Section 37.3 Employees may be temporarily transferred to another work assignment/position classification for which she/he is qualified for a maximum of twenty-five (25) work days. Employees In the event the position to which the employee is temporarily transferred has a higher entry rate, the employee will receive the greater of (a) the higher entry rate or (b) his/her then current wage rate at such time of his/her assignment. The University will not use this provision for temporary transfer with the intent and purpose of defeating the other seniority provisions of this Agreement. An employee temporarily transferred under this subsection shall be informed of the reason for such transfer by his/her supervisor. 7.4 The University shall maintain a recall list for each position classification in which employees are laid off, and shall maintain the names of persons on such list by seniority. Each person's name on a recall list shall be removed after eighteen (18) months from such person's separation from service. 7.5 Persons shall be recalled in reverse order of layoff. A person who have been has obtained other employment as a result of the layoff or who is laid off and who, within five (5) days after notice must return to his/her position classification when work is resumed on the job. Notice of recall shall be made by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump address reported by the person in his/her rank in a position that he/she is qualified for who has the least seniority in a positionpersonnel file. B. If the laid off employee has insufficient 7.6 A person who fails to respond to a recall notice within three (3) working days after receipt of such notice shall lose all seniority to bump in rights and have his/her rankname removed from the recall list. A person must return to work within five (5) working days after receipt of notice or forfeit all rights to seniority, heunless she/she he is temporarily incapacitated or is employed elsewhere, in which case she/he must notify the University in writing within three (3) working days from the receipt of notice to return, that she/he will return within fourteen (14) working days from the receipt of notice, or as soon as her/his health permits. Persons who report temporary incapacitation as a reason for not returning to work within five (5) days of receipt of the recall notice shall then bump provide the University with a medical doctor's report indicating the nature and duration of the incapacitation and expected date on which such person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee may reasonably be expected to be bumped meets this criteria, the least senior employee will be bumped. C. Subject able to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testwork. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when ) When it becomes necessary through lack of work or lack of funds to reduce the number of employees in the work force within this Divisionclassified unit, as determined by the Employerfollowing layoff order shall be observed: A) All seasonal, emergency, casual, temporary, substitute and probationary employees shall be laid off first before any permanent employee is laid off. Positions held by positionprobationary employees will be rebid before the layoff continues (excludes summer youth program). B) Thereafter, should it be determined any further reduction in the work force is necessary, the employee with the least amount of total seniority in the designated classification of layoff shall be laid off first. C) The Employer shall give a fifteen (15) day notice of the intent to reduce the work force to the Union and will provide a current seniority list at the time of such notice. 2) An employee who is displaced from his classification as a result of job abolishment or reduction in the work force shall have the right to exercise his total seniority in the following order: A) Displace the employee with less total seniority in any equally or lower rated classification (rated classification is based on the base hourly rate of pay) provided the displaced employee meets the minimum qualifications in the classification to which he seeks to exercise his displacement rights. (Paraprofessionals are subject to layoff and displacement(s) by Bargaining Unit seniority.) B) A person who bumps down to a lower classification shall receive the pay rate for that classification. 3) Laid off and/or displaced employees may then exercise shall be placed on a preferred recall list and shall have the contractual bumping rights in Section 6 belowright of recall for the length of fifteen (15) months for the following: A) Vacancies within their classification; and, B) Vacancies within another equally or lower rated classification for which they are capable and qualified to perform, prior to any promotion or hiring from the outside by the Employer. Section 3. Employees who have been laid off and who, within five (54) days after Recall shall be made in the inverse order of layoff or displacement by mailing notice by certified mail to the employee’s last known address, fail to respond as directedby certified mail, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replacereturn receipt requested. The procedure for bumping in the case of layoffs is as follows: A. The laid off affected employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within have seventy-two (272) years without taking a new testhours to notify the Employer of their intent to return and shall have fourteen (14) days to report to duty. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Master Contract, Master Contract

Layoff and Recall. Section 101. Layoff shall mean Where, because of economy, consolidation or abolishment of functions, curtailment of activities or other, the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when Employer determines it becomes necessary to reduce the number size of employees its workforce, such reduction shall be made in accordance with the work force provisions hereinafter set forth. Section 02. Employees within this Division, as determined by the Employer, employees effected bargaining unit shall be laid off by position. Laid according to their departmental seniority with the least senior being laid off first, providing that all temporary, seasonal, part-time, and probationary employees may then exercise within the contractual bumping rights effected bargaining unit are laid off first in Section 6 belowthe above respective order. Section 303. Employees Employee(s) who have been are laid off and who, within five from one rank may displace (5bump) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the another employee(s) with lesser departmental seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unitdepartment. Section 04. Employee(s) who are displaced (bumped) by a more senior employee shall be able to displace (bump) another employee with lesser seniority in a lower rated rank pursuant to the provisions of paragraph 03 above. Section 05. In all cases where an employee is exercising his seniority to displace (bump) another employee, providedhis right to displace (bump) is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to displace (bump), howeverat the discretion of the Employer. Section 06. At the end of the displacing (bumping) process, that he/she has greater seniority than the employee whom he/she who is displaced (bumped) and unable or chooses not to replacedisplace (bump) another employee pursuant to the above provisions, shall be laid off. The procedure for bumping However, any employee may waive his right to displace (bump) another employee and accept the layoff. Section 07. Recalls shall be in the case inverse order of layoffs is as follows: A. The layoff and a laid off employee shall bump retain his right to recall for twenty-four (24) months from the person in his/her rank in a date of his layoff. Notice of recall shall be sent to the employee's address listed on the employer's records and shall be sent by certified mail, return receipt. An employee who refuses recall or does not report to work within fourteen (14) calendar days from the date the employee receives the recall notice shall be considered to have resigned his position that he/she is qualified for who has and forfeits all rights to employment with the least seniority in a positionemployer. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit Section 08. Employee(s) scheduled for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to given a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length minimum of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position fourteen (demotion14) in lieu days advance notice of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff 22.01 A lay-off shall mean be defined as the separation elimination of a position, or a reduction in hours of a position of an employee from who is a permanent or probationary bargaining unit member. No lay-off shall occur during the active work force. Recall shall mean the return term of an employee to the active work forcethis agreement. Section 2. If 22.02 A member who is to be laid-off shall be given appropriate notice in accordance with the Employment Standards Act. 22.03 The following lay-off procedure shall be used for placement of permanent and when it becomes necessary probationary employees who are declared surplus or have their hours reduced or who have been displaced under the provisions of this article: (a) The Board shall identify those positions to reduce be eliminated or reduced as a result of a decision to layoff, make a position redundant or reduced, or close a school or department. (b) Members occupying eliminated positions shall be declared surplus. 22.04 Layoff and recall shall be on the number basis of employees in the work force within this Divisionseniority, as determined by defined under Article 12 among members within a job classification. 22.05 In the Employerevent of layoffs, employees members within a job classification shall be laid off by position. Laid off employees may then exercise in the contractual bumping rights in Section 6 beloworder of seniority beginning with the least senior. Section 322.06 Members shall be recalled within a Job Classification in inverse order of layoff, provided they remain qualified and able to perform the required work and caseload. Employees Members on recall shall be offered an available opening in another job class for which they hold qualifications. A Member who has accepted a position in another job class retains the full rights of recall to a position within their own job class 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 twenty-four (24) 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 a laid-off member should fail to do so, 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 responsible for informing the Board and the President of the Bargaining Unit of 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 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 Board more than ten (10) working days following the effective date of termination, time equivalent to the time on the recall list may be added to the remaining probationary period. Experience for grid purposes shall not accrue during any period of layoff. 22.12 Members who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed subsequently recalled by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff Board shall be as provided in the Departmental Rules and Regulationsmaintain any sick leave credits for sick leave purposes or for calculation of their Retirement Gratuity. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean 17.01 It is the separation exclusive right of an employee the Employer to: (a) establish and vary from time to time, the active job classifications and the number of Employees, if any, to be employed in any classification, or in any work force. Recall shall mean place of the return centre; and (b) assign to other classifications any, or all, of an employee to the active work forceduties normally performed by classifications of this bargaining unit when Employees from within this bargaining unit are not available. Section 2(a) The parties recognize the value of meeting prior to a layoff process occurring. If The purpose of this meeting is to discuss the process of how layoffs will take place, review the current seniority list and when discuss other relevant factors the parties agree upon. (b) When, in the opinion of the Employer, it becomes necessary to reduce the number displace an Employee, due to reduction of employees in the work force within this Divisionforce, as determined or reduction in regularly scheduled hours of work of a regular Employee, or wholly or partly discontinue an undertaking, activity, or service, the Employer will notify the Employee fourteen (14) calendar days prior to the date of layoff. (c) To assist the Employee in indicating their 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. (d) A consultation meeting will be arranged by the EmployerEmployer between the Employee, employees shall be laid off by positionthe Employer representative(s) and the Union representative(s). Laid off employees may then exercise The Employee, through consultation with the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recallEmployee, shall be presumed indicate a preference of positions for which she has the requisite skill, training and knowledge to have resigned and their names shall be removed from perform the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in work by selecting a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump position in the same or a lower rank within the bargaining unitclassification and status which are vacant or, provided, however, that he/she has greater by selecting to displace an Employee with less seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee same classification. Following consultation with the Employee, the Employer shall bump the person in his/place her rank in a position that he/within the same classification where operational requirements permit in the same status for which she is qualified for who has the least seniority requisite skills, training and knowledge to perform the work. (e) Where there are no positions of any status in the same classification as the Employee's current position, the Employer may indicate a preference for an alternative position which is vacant or occupied by a less senior Employee in a positionclassification in a lower pay grid. B. If 17.03 Employees who either: (a) refuse an offer by the Employer of alternate work; or (b) lack the required competency and seniority to displace another incumbent within her particular classification shall be provided with not less than fourteen (14) calendar days notice specifying the date on which she will be laid off. (a) All regular and temporary vacancies shall be posted. Casual Employees and external applicants are not eligible for hire while regular Employees remain on layoff. (b) No new regular or temporary Employees will be hired in classifications where there are other Employees in that classification who possess the requisite skills, training, knowledge and ability for the available job, who are on layoff. 17.05 Employment shall be deemed terminated when an Employee does not return from layoff when notified to do so, or in the expiry of twelve (12) months from date of the layoff, whichever comes first. 17.06 When increasing the workforce, Employees shall be recalled in order of their seniority, provided they possess the requisite skills, training, knowledge and ability to perform the work. 17.07 An Employee who is laid off employee has insufficient seniority shall make prior arrangements to bump in his/her rank, he/she pay the full premium of prepaid health benefits to assure continuation if such protection is so desired. Such arrangements shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, continue so long as the employee maintains Employee has rights to recall. 17.08 The operation of this Article, including revision of shift schedules caused by layoffs or displacement, shall not constitute a violation of the terms of this Collective Agreement. 17.09 Employees who have had their regular hours of work reduced through the application of this Article, shall indicate in writing their availability to work casual shifts. Casual shifts will be offered on the basis of seniority under and availability up to the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by Employee's previous regular hours. This offer of casual shifts shall expire twelve (12) months from the County, provided date the employee Employee is qualified for the vacant position and applies for such positionreduced in hours or laid off.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. Section 101. Layoff shall mean Where, because of economy, consolidation or abolishment of functions, curtailment of activities or other, the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when Employer determines it becomes necessary to reduce the number size of employees its workforce, such reduction shall be made in accordance with the work force provisions hereinafter set forth. Section 02. Employees within this Division, as determined by the Employer, employees effected bargaining unit shall be laid off by position. Laid according to their departmental seniority with the least senior being laid off first, providing that all temporary, seasonal, part-time, and probationary employees may then exercise within the contractual bumping rights effected bargaining unit are laid off first in Section 6 belowthe above respective order. Section 303. Employees Employee(s) who have been are laid off and who, within five from one rank may displace (5bump) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the another employee(s) with lesser departmental seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unitdepartment. Section 04. Employee(s) who are displaced (bumped) by a more senior employee shall be able to displace (bump) another employee with lesser seniority in a lower rated rank pursuant to the provisions of paragraph 03, providedabove. Section 05. In all cases where an employee is exercising his seniority to displace (bump) another employee, howeverhis right to displace (bump) is subject to the conditions that he is qualified for the position and able to perform the functions and duties of the position into which he is attempting to displace (bump), that he/she has greater seniority than at the discretion of the employer. Section 06. At the end of the displacing (bumping) process, the employee whom he/she who is displaced (bumped) and unable or chooses not to replacedisplace (bump) another employee pursuant to the above provisions, shall be laid off. The procedure for bumping However, any employee may waive his right to displace (bump) another employee and accept the layoff. Section 07. Recalls shall be in the case inverse order of layoffs is as follows: A. The layoff and a laid off employee shall bump retain his right to recall for twenty-four (24) months from the person in his/her rank in a date of his layoff. Notice of recall shall be sent to the employee's address listed on the employer's records and shall be sent by certified mail, return receipt. An employee who refuses recall, or does not report to work within fourteen (14) calendar days from the date the employee receives the recall notice, shall be considered to have resigned his position that he/she is qualified for who has and forfeits all rights to employment with the least seniority in a positionemployer. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit Section 08. Employee(s) scheduled for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to given a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length minimum of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position fourteen (demotion14) in lieu days advance notice of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff and Recall. Section 1a) The parties recognize that, due to changing needs of School District No. Layoff shall mean 57 (Prince Xxxxxx), positions may be added, changed or deleted from time-to- time. The Board agrees to prior discussion of such alterations with the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2Union. If and when it becomes necessary to reduce as a result of such alterations, the total number of employees within the bargaining unit must be reduced, the Joint Standing Committee shall discuss the necessary reductions for the purpose of providing suggestions to the Board for effecting such reductions. The suggestions may include, amongst other resolutions, job sharing or salary realignment. The Superintendent, or designate, shall present to the Board, as recommendations, suggestions endorsed by a majority of the Committee. In the event that the Board rejects the recommendation(s) of the majority of the Committee, reasonable grounds for the rejection will be given. If the Joint Standing Committee is unable to make a majority decision, the necessary reductions will be effected by layoff pursuant to procedures outlined in 10.01(b) below. b) In the work force within this Divisionevent of layoffs, such layoffs shall be in reverse order of seniority, as determined by the Employerin Article 9, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowwithin a discipline. Section 3. Employees who have been laid off and who, within five (5c) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in When a tie, seniority for this purpose shall be defined as continuous time position in the bargaining unit. If this results in a tieunit is to be filled, seniority for this purpose the Board shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to recall employees on layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than provided the employee whom he/she possesses the necessary qualifications for the available position. It is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position understood that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump ” refers to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time job description in the bargaining unit in its entirety. Such recall shall be in order of seniority as determined in Article 9 within a discipline. Employees shall be entitled to be recalled for a period of twelve (12) calendar months following the rank date of Sergeant or abovelayoff. Laid off employees are responsible for informing the Board, in writing, of where they may be contacted during the layoff period. F. d) The Board agrees to notify regular employees who are to be laid off one (1) month prior to the date of the layoff. The notice period cannot include any part of the months of July and August. If an a regular employee takes a lower ranking position (demotion) in lieu of layoffis to be laid off before June 30th, he/she can return to his/her prior rank within then the employee shall be given two (2) years without taking a new testmonths notice. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees 7.1 When there is a reduction in the work force force, and position(s) are reduced or eliminated, the employee(s) with the least group seniority within this Division, as determined by the Employer, employees group where positions are to be reduced or eliminated shall be laid off by displaced and permitted to exercise department seniority to bump to a position within the group or to a position in a lower group that the employee’s department seniority will carry said employee subject to qualifications hereinafter defined in these Articles. Should the position be restored, the person who bumped shall return to his/her position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who 7.2 When reductions occur in job classifications for which there are employees in a Board- sponsored training program, then such reductions shall occur only after the trainee positions have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, vacated through staff reductions. Board-sponsored training programs shall be presumed limited to those programs where an employee(s) have resigned been selected and their names appointed to such training programs and shall not apply to employees who are receiving casual in-service training benefits. 7.3 When an employee bumps from a higher group to a lower group said employee will not be permitted to bump an employee with more department seniority. 7.4 Employees in (Article 7.8) Group 9 whose positions have been reduced or eliminated shall be removed from permitted to exercise department seniority to bump into a position within that group that their seniority will carry them. Any such bumping shall be subject to having the seniority listqualifications of the position as hereinafter defined. Section 4. Seniority 7.5 Provisions for bumping as it is used to determine layoff set forth in Items 7.1, 7.2, 7.3, and recall shall be based upon continuous time in rank within the bargaining unit. If 7.4, of this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions Article shall be subject to the same Layoff employee having the ability and Recall as regular County positions, unless qualifications to perform the grant requires different treatment, as stated in Article 30, Loss work of Seniority, Sections 7 and 8the job classification into which the employee elects to bump according to seniority. Section 6. 7.6 An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority elects to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to into a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be new job classification as provided in the Departmental Rules Items 7.1, 7.2, 7.3, 7.4, and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit7.5, layoff of this Article shall be as required to serve a ninety (90) day probationary period and will be paid the rate of the new classification except that: .61 Said rate of pay shall not be less than the rate provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position after nine (demotion9) months in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testsaid classification. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Master Contract

Layoff and Recall. Section APPENDIX A 12.1: In the event of a layoff force involving full-time positions within the bargaining unit, the University will provide one hundred eighty (180) days written notice to any individual who is to be laid off. At the same time, the University will provide a seniority list to the President of the Association. Layoffs shall not adversely affect this bargaining unit to a greater degree than other University employees. 12.2: The possibility of Early Retirement Incentive Program will be explored before consideration is given to layoffs. 12.3: Prior to any layoff of bargaining unit employees, the University shall first layoff non-bargaining unit employees in sequential order within the affected classifications and appointment type in the affected operating area(s) in categories 1-4 below. The University then shall layoff bargaining unit employees in sequential order within the affected classifications and appointment type in the affected operating area(s) in categories 5-8 below. Academic Affairs 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force.Retirees/Rehirees Section 2. If Contracted and/or Supplemental Employees Academic Advisor, BCCHHS Representative Academic Advisor/Health Professions Representative Xxxxxxx College of Health and when it becomes necessary Human Services Criminal Justice 3. Supplemental Pay, if sufficient to reduce the number of employees in laid off positions 4. Non-Bargaining Unit Employees 5. Probationary Part-time Bargaining Unit Employees Acquisitions Librarian Xxxx Library Assistant Administrator Student Field Xxxxxxx College of Education Experience Assistant Director University Scholars Program Assistant Director Metro Credit 6. Probationary Full-time Bargaining Unit Employees 7. Permanent Part-time Bargaining Unit Employees 8. Permanent Full-time Bargaining Unit Employees 12.4: In the work force event two or more members of the bargaining unit hold the same position (i.e., position title) within this Divisionthe same department, as and fewer than the total number are to be laid off, layoffs will be determined by reverse bargaining unit service and service in that position at the Employer, employees shall be laid off by positionUniversity. Laid off employees may then exercise When two or more individuals have the contractual bumping rights in Section 6 below.same effective date of appointment Section 3. Employees who have been laid off and who, within five (5A) days after notice by certified mail to In the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in event of a tie, seniority it will be broken by giving credit for this purpose shall be defined as continuous time all prior years of employment in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in unit and up to Assistant to the Sheriff's OfficeDirector XxXxxxxxx Museum of Art Associate Reference Librarian Xxxx Library Associate Staff Designer Theater and Dance BSW Internship Coordinator Social Work Catalog Librarian Xxxx Library two years of non-bargaining unit employment with the University (excluding student employment). Section 5B) In the event a tie is not broken by the foregoing procedure, the employee(s) with the lowest rating on the most recent Coordinator Mathematics Assistance Center Mathematics and Statistics YOUNGSTOWN STATE UNIVERSITY ASSOCIATION OF PROFESSIONAL/ ADMINISTRATIVE STAFF Xxxx Xxxxxxxxxx Xxxxx Xxxxx OEA Representative Xxxxx Xxxxxx APAS Chief Negotiator Xxxxx Xxxxxxxx Xxxxxxxxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxxxx Xxxxx Xxxxxxx Xxxxxx Xxxxxx YOUNGSTOWN STATE UNIVERSITY Xxxxx Xxxxx Xxxxxx Xxxxxxx YSU Chief Negotiator Xxxxxx Xxxxxx Outside Legal Counsel Ana Xxxxx Xxxx Xxxxxxx Xxxxxxx Xxxxxxx Xxxx Xxxxxxxx evaluation will be laid off, provided the evaluation has been conducted within the past two years. Grant funded positions shall The evaluations will be subject to reviewed by the same Layoff employees’ immediate supervisor, department head (if applicable) and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8area officer. Section 6C) In the event a tie is not broken by either of the foregoing procedures, it will be broken by drawing lots. 12.5: Bargaining unit members who were displaced or laid off will be on recall status for three (3) years following displacement or layoff. An employee subject This means that if the position from which a bargaining unit member was displaced or laid off is to be filled within three (3) years following displacement or layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The unit member displaced or laid off employee shall bump the person in his/her rank in a will be offered that position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority according to bump in his/her rank, he/she shall then bump the person in the next lower rank within the bargaining unit for which he/she is qualified and has sufficient seniority to bumpseniority. If more than one employee to be bumped meets this criteriabargaining unit member has been displaced or laid off from the same position (i.e., position title) within the least senior employee same department, recall will be bumpedoccur in the reverse order of displacement or layoff (i.e., last laid off, first recalled). C. Subject to and contingent upon 12.6: In the Law Enforcement Division's approval, employees in lieu case of layoff may bump to of a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length full-time member of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from 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 made the full-time bargaining unit member shall be under no obligation to accept the part-time appointment. E. Seniority as it 12.7: If there is used a vacant YSU-APAS bargaining unit position that is to be filled elsewhere in bumping shall the University within three (3) years of 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 defined as filled, the continuous length individual who was laid off will be granted first consideration for the position being filled. 12.8: Within five (5) working days of time in receipt of a notice of layoff, a bargaining unit employee, who has the minimum qualifications for another bargaining unit position, may submit a written request to the Office of the Chief Human Resources Officer to displace the bargaining unit in employee who holds that position, but who has less University service than the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu who has received the notice of layoff, he/she can return . The request will be reviewed by a three (3) member committee who shall make recommendations based upon the qualifications and experience presented by the parties involved to the President of the University who will grant or deny the request in writing and his/her prior rank within two (2) years without taking a new testdecision will be final, binding and non-reviewable. Section 712.9: For purposes of Article 12, seniority will be broken when a bargaining unit member retires, resigns, is discharged for just cause or otherwise leaves the employment of the University. If Time spent on inactive pay status (unpaid leave) will not contribute to the accrual of seniority, but will not constitute a break in seniority. Seniority shall continue to accrue during the period an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionreceiving workers' compensation benefits, is on military leave or is on recall status following layoff.

Appears in 1 contract

Samples: Employment Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees 12.1: The word "layoff" means a reduction in the work force within this Division, due to a decrease of work or budget limitation as determined by the EmployerCounty. Employees recognize that layoffs are a managerial right of the Employer and do not necessarily depend on available work or funding levels. 12.2: In the event a layoff becomes necessary, the County shall follow this procedure: A. Temporary employees in the affected classifications shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowfirst. Section 3. Employees who have been B. Probationary employees in the affected classifications shall be laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority listnext. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time C. Employees in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions affected classification shall be subject to layoff by classification seniority. The employee(s) with the same Layoff and Recall as regular County positionsleast classification seniority shall be laid off first. In the event employees have equal classification seniority, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8employee with the least departmental seniority shall be laid off first. Section 6. An employee subject to layoff, D. Employee(s) who so requests, may, in lieu of layoff, bump previously held subordinate classifications in the same or a lower rank within the bargaining unit, provided, however, unit shall be entitled to revert to that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified classification and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, displace the least senior employee will be bumped. C. Subject employee. Displaced employee(s) shall have the right to and contingent upon displace employee(s) in previously held classifications consistent with the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out terms of the Unit shall be as provided in Collective Bargaining Agreement of the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the other bargaining unit. E. Seniority as it is used Supervisors from other supervisory bargaining units shall not be entitled to displace members in bumping shall be defined as the continuous length of time in the this bargaining unit in the rank of Sergeant or aboveunit. F. If In no event shall an employee takes displace an employee in a higher paying classification. 12.3: Employee(s) who elect not to accept a subordinate position in a lower ranking paying classification shall be laid off. Said employee(s) shall be subject to recall to the position (demotion) in lieu held at the time of layoff, he/she can . Said employee(s) may not elect to return to his/her prior rank within two (2) years without taking a new testsubordinate classification unless recalled by the Employer. Section 7. If an employee, covered by this agreement, 12.4: The Employer shall provide employees to be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, laid off with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.at least fourteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees 7.1 When there is a reduction in the work force force, and position(s) are reduced or eliminated, the employee(s) with the least group seniority within this Division, as determined by the Employer, employees group where positions are to be reduced or eliminated shall be laid off by displaced and permitted to exercise department seniority to bump to a position within the group or to a position in a lower group that the employee’s department seniority will carry said employee subject to qualifications hereinafter defined in these Articles. Should the position be restored, the person who bumped shall return to his/her position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who 7.2 When reductions occur in job classifications for which there are employees in a Board- sponsored training program, then such reductions shall occur only after the trainee positions have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, vacated through staff reductions. Board-sponsored training programs shall be presumed limited to those programs where an employee(s) have resigned been selected and their names appointed to such training program and shall be removed from the seniority listnot apply to employees who are receiving casual in-service training benefits. Section 4. Seniority as it is used 7.3 When an employee bumps from a higher group to determine layoff and recall shall a lower group said employee will not be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Officepermitted to bump an employee with more department seniority. Section 5. Grant funded positions 7.4 Provisions for bumping as set forth in Items 1, 2, and 3 of this Article shall be subject to the same Layoff employee having the ability and Recall as regular County positions, unless qualifications to perform the grant requires different treatment, as stated in Article 30, Loss work of Seniority, Sections 7 and 8the job classification into which the employee elects to bump according to seniority. Section 6. 7.5 An employee subject who elects to layoffbump into a new job classification as provided in Items 1, who so requests2, may3, and 4 of this Article shall be required to serve a ninety (90) day probationary period and will be paid the rate of the new classification except that: .51 Said rate of pay shall not be less than the rate provided for an employee after nine (9) months in lieu said classification, .52 That said employees shall not be required to serve a probationary period in any job classification for which a successful probation had previously been served. 7.6 If at any time during the probationary period the director feels the employee has not performed satisfactorily, the director shall recommend to the Superintendent removal of layoff, the employee from that classification. The employee then has the right to bump again in the same or a lower rank within classification and repeat this procedure. 7.7 Group classifications for food service employees shall be: Group 1 Leader Group 2 Head Cook Group 3 Head Xxxxx Group 4 Van Driver Group 5 Assistant Cook Group 6 Assistant Xxxxx Group 7 Manager Group 8 Helper 7.8 When layoffs occur, the bargaining unit, provided, however, that he/she has greater seniority than Board of Education will give the employee whom he/she is individual(s) written notice of the layoff at least fourteen (14) calendar days prior to replace. the effective date of the layoff. 7.9 The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump remain on the person recall list for a period equal to the employee’s district seniority, but in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If no case more than one employee to be bumped meets this criteriathree (3) years. (See Section 1, the least senior employee will be bumpedArticle 9.7 Seniority. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.)

Appears in 1 contract

Samples: Master Contract

Layoff and Recall. Section 129.01 In a la yoff situation, the Company must endeavour to maintain its operation in the most cost effective and efficient possible manner. Layoff shall mean This will require the separation Company to maintain a minimum number of an employee from qualified employees in each department. Management will determine the active work forceminimum number of qualified employees. Recall shall mean A list identifying the return essential services will be posted at the time of an employee to the active work force. Section 2layoff. If and when When it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employerforce, employees shall be laid off by positiondepartment, in inverse order of plant seniority, as set out in the balance of this Article. Laid Qualified employees required by the Company as described in this provision will be exempt from this seniority clause. 29.02 In the event of a layoff, employees shall be laid off employees in the following order: 1. Relief; 2. Probationary; 3. Casual; 4. Supplementary (part-time before full-time); 5. Permanent (part-time before full-time). 29.03 A layoff may then exercise the contractual be classified as short-term or long-term. A short-term layoff is defined as having duration of four (4) weeks or less. No bumping rights apply in Section 6 belowa short- term layoff situation; however, Permanent employees will be reassigned (without an increase or reduction in their hourly rate) to other positions in the plant, seniority permitting. Section 329.04 In a long-term layoff, Supplementary and Permanent employees shall have the right to bump more junior employees in their own department (Supplementary is always junior to Permanent), provided the senior person is willing and able to perform the required duties at the classified rate for the job. Employees Any Supplementary or Permanent employee(s) who have been is bumped out of the affected department, or if no position is available in their own department, will be able to exercise his right to bump the most junior Supplementary or Permanent employee(s) in any other department, provided that the bumping employee is senior to the employee to be bumped and is willing and able to perform the required duties at the classified rate for the job. 29.05 Bumping can be either lateral or downward but not upward in terms of classification rate. 29.06 The final decision as to whether or not an employee is able to perform a job and can exercise his bumping rights shall be made by the Company, exercising its discretion in a reasonable manner. 29.07 When recalling employees following a layoff, employees shall be recalled in the reverse order in which they were laid off off. 29.08 When recalling an employee from layoff, he shall be notified by telephone and whocouriered mail. If an employee is recalled and is not immediately available for work, another employee may be recalled and will be temporarily employed until the senior employee reports within the fourteen (14) calendar day period as outlined below. An employee to whom a couriered letter is sent in accordance with this Article must contact the Company within five (5) working days after of the issuance of the notice by certified mail of return to work if he wishes the last known address, fail Company to respond as directed, or who decline recall, hold the job open for him. It shall be presumed the employee's responsibility to have resigned and their names shall be removed from keep the seniority list. Section 4. Seniority Company notified as it is used to determine layoff and recall shall be based upon continuous time in rank within any change of his address or telephone number so that the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee Company records will be bumpedup-to-date at all times. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff In this Collective Agreement, the term "lay-off" shall mean either the separation indefinite reduction of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees Employees in a geographic area or specific location or, in the work force case of a Regular Employee, the indefinite reduction of the total hours in the Employee's Regular Schedule. For Regular Community Employees, the term "indefinite" shall mean a period of indeterminate length that is expected to be longer than three (3) pay periods. 22.02 In the event of a layoff, the Employer shall lay off Employees in the reverse order of their seniority within this Divisiontheir geographic area or specific location and classification, as determined by provided that the Employerremaining Employees have the skill, employees ability, availability, experience, and qualifications required to meet the clients' needs. Probationary Employees shall be laid off prior to Employees with seniority in those geographic areas and/or specific locations where downsizing occurs. 22.03 Casual Employees facing a possible layoff may not displace a less senior Employee who holds a Regular position. 22.04 The Employer agrees that it will not hire new employees within a classification where there are employees within the classification on lay-off who have the requisite skill, ability and qualifications, or comparable experience as defined by position. Laid the Employer's contractual obligations with the AHS, or other source of fee for service revenue, to perform the work available. 22.05 Regular Employees shall be entitled to fourteen (14) days' notice in the case of lay­off, which may be provided as working notice or pay in lieu of notice. 22.06 An Employee who has completed their probationary period and who is subject to layoff shall have the right to either: (a) Accept the layoff and retain recall rights for up to twelve (12) months, or (b) If a Regular Community Employee, displace an Employee who has lesser seniority in an equivalent position for which they have the skill, ability, availability, experience, and qualifications to perform in a different geographic location, or (c) If a Regular Congregate Employee, displace an Employee who has lesser seniority in an equivalent position for which they have the skill, ability, availability, experience, and qualifications to perform first in the Employee's current facility, then at any other facility, or (d) Accept work as a Casual Employee in the Bargaining Unit by providing availability as per Article 11.02 and retain recall rights for the period set forth In Article 22.07 a), or (e) At any time during the twelve-month recall period, accept the layoff and entitlement to termination pay as defined in the Employment Standards Code and forfeit recall rights. 22.07 As opportunities for recall become available, the Employer will offer these opportunities to laid off employees may then exercise in seniority order before resorting to the contractual bumping rights job posting procedure detailed in Section 6 belowArticle 10. If the recall opportunity is for fewer hours or is in a different location or geography than the one previously held, the laid off employee shall have the choice to accept the position or to remain on layoff until such time as a more comparable opportunity becomes available. Section 322.08 Notice of recall shall be by telephone and confirmed by Registered Mail at the last known address. Employees who have been laid off and who, Failure to accept a recall within five (5) calendar days after of receiving the notice by certified mail to the last known address, fail to respond as directed, or who decline recall, Registered Mail shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results result in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Officetermination of recall rights. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff A. The word “layoff” shall mean be defined as a reduction in the separation of an employee from the active work force. Recall When possible, the Employer shall mean the return give employees thirty (30) days notice of an employee to the active work forcelayoff. Section 2B. In the event there is need to reduce personnel, temporary and substitute employees who are not part of the bargaining unit will be laid off first. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employera further reduction occurs, employees shall be laid off according to seniority in their classification, providing the seniority employee can do the job. (As per Article XV, G.) C. Employees who are being laid off shall have the right to assume a position for which they are qualified in another classification providing: 1. The position is held by positionan employee with less district seniority; and provided the bumping employee can perform the job. 2. The position is of the same or a lesser weekly base pay rate if in bus driving or the same or a lesser 50-day rate if in some other classification. 3. The position provides for the same or fewer number of hours per week. D. Employees shall be recalled according to seniority in their classification. Employees on layoff shall be offered recall to other available positions in the department. E. Layoff and recall notices shall be sent by registered mail to the employee’s last known address, or by hand delivery. F. When a major cut back in the work assignment that is of ninety (90) days or one (1) semester duration (whichever is less) occurs to a seniority employee, that employee may bump a lower seniority employee within their classification, providing their schedule will allow the reassignment. G. Laid off bargaining unit members shall be offered the option to volunteer for substitute work for which they are qualified in the unit. Laid off employees may then exercise the contractual bumping rights who request, in Section 6 below. Section 3. Employees who have been laid off and whowriting, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, substitute work for which they are qualified shall be presumed to have resigned and their names utilized before non-bargaining unit personnel are called in. However, there shall be removed from no financial liability on the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time Board of Education in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If event an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testis not called. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when (a) The Board agrees that if it becomes necessary to reduce the number size of employees the Service through layoff, this shall be accomplished in reverse order of seniority among the members in the work force within this Divisionclassification(s) to be reduced subject to the following: (i) the member displaced from his job classification may displace a member with less seniority in another job classification provided that the member who is exercising the bumping rights must demonstrate the qualifications and ability to perform the job satisfactorily. (ii) the member displaced from his job classification may displace a member with less seniority in another job classification provided that the member may bump into a higher paying classification only if they have previously been classified in that classification, and have demonstrated satisfactory performance in that classification and currently possess the requisite skills and abilities in the job. (iii) where length of seniority is the same and all other factors are equal the numerical badge number shall apply; ie. The person with the lower badge number will apply. (b) The Board shall give as determined by much notice of lay-off to affected members as is possible documenting the Employerreason/reasons for such lay off and in any event, employees no less than 30 days notice or pay salary and benefits in lieu of notice. And further, the member shall remain on benefits in accordance with Article 16 for a period of three (3) months. (c) The member(s) affected shall be laid off by position. Laid off employees may then exercise given the contractual bumping rights in Section 6 belowopportunity to meet with the Board to discuss options available. Section 3(d) The Board shall lay-off temporary, part-time or student members prior to the lay-off of any full-time members with the exception of those assigned to Communications, Information Systems Branches or any other position that requires specialized skills or designation. (e) The Board agrees that if a position is declared redundant, and the redundancy does not result in a reduction in the size of the Service, every attempt shall be made to find the affected member another position within the Service that the member is qualified to perform. Employees who have been laid The Board and the Association agree that the placement of the member into the new position waives the posting requirements. (f) Any recall from lay-off shall be accomplished in reverse order of seniority, and who, further that the members seniority shall remain intact if he returns within five one (51) days after year subject to 27.01 (e). The Board shall give written notice by certified mail of recall to the last known address, fail recorded address of the member and the member shall have seven (7) days to respond as directed, or who decline accept such recall, . The member shall be presumed to have resigned and their names shall be removed from the seniority listresponsible for ensuring that personal address contact information is maintained with Human Resources. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an 15.1 No regular employee from the active work force. Recall shall mean the return of an and no per diem employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees who worked more than 1040 hours in the work force within this Division, as determined by the Employer, employees previous twelve (12) months shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after without written notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned Union and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is employee(s) as follows: A. (A) The Region will provide the employees to be laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees with three (3) weeks’ notice or pay in lieu of layoff may bump notice. (B) In the event an employee receives advance notice of any length per Section 15.1 (a), then the Region will provide the Union with written notice no later than one (1) week before the date on which employees are provided actual notice. Upon request, the Region shall meet with the Union to a lower rank within discuss the Law Enforcement Divisionimpending layoff. If the Region provides an employee with three (3) weeks’ pay in lieu of notice, providedthen the Region will provide the Union with written notice no later than the date on which employees are provided actual notice in accordance with Section 15.1 (a), howeverprovided that, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out sole discretion of the Unit shall Region, it may provide additional notice to the Union. (C) In the event of a layoff due to unforeseen emergency causes, the Region will provide the employees to be as laid off with two (2) weeks’ notice of layoff or pay in lieu of notice; and the Region will provide the Union with written notice of such a layoff no later than the date on which employees are provided actual notice. Section 15.2 Upon notice to the Union in accordance with Section 15.1(b) or (c), the Region will “freeze” all vacant positions, in job classification(s) affected by the layoff(s), with respect to external applicants until the effective date of the layoff. Section 15.3 In the event of a layoff, the employee(s) with the least Red Cross seniority in the Departmental Rules classification(s) affected will be laid off, with volunteers, temporary employees and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided probationary employees in the Departmental Rules and Regulationsclassification to be laid off first. D. Employees may bump only Section 15.4 An employee who is to a position for which he/she is qualified as determined be laid off pursuant to Section 15.1 may, within three (3) working days after receiving layoff notification, exercise seniority rights by displacing the Sheriff, after having met employee with representatives from the bargaining unit. E. Seniority as it is used least Red Cross seniority in bumping shall be defined as the continuous length of time any equal or lower-rated classification in the bargaining unit provided she is qualified to perform the work. Part-time employees and per diem employees who worked more than 1040 hours in the rank previous twelve (12) months shall be eligible to displace employees with the least Red Cross seniority in any equal or lower-rated classification, provided that said employees are qualified and are willing to work the hours of Sergeant that position. For purposes of this section, an employee who displaces another employee in an equal or abovelower-rated classification, or a classification in which she previously worked, will be deemed “qualified”, even if “in-house” training conducted by the Region is required. F. If an employee takes (A) Notwithstanding the above, in the event of a lower ranking position (demotion) in lieu of layoff, he/she can return no more than twenty- five percent (25%) of the employees in a classification shall be displaced as a result of the training required in Section 15.4. Training shall be provided to his/her prior rank within two (2) years without taking a new testemployees in order of their Red Cross seniority. Section 7. If an employee, covered by this agreement, shall 15.5 Recall from layoff will be ineligible to bump within on the Sheriff's Office and is subject to layoffbasis of Red Cross seniority, the employer willmost senior employee in the job classification being recalled first. In case of recall, so long the Region shall notify the most senior employee by certified mail, hand delivery, or overnight mail to their most recent address on file with the Region. The employee shall notify the Region of her intent within one (1) week of the delivery of the letter as to whether or not she will accept the position. In its letter, the Region shall notify the employee maintains seniority under of the contract, make reasonable effort requirement to refer respond within such employee, with explanations to another comparable vacant position being filled by the County, provided one (1) week period. This provision shall also apply where the employee is qualified for working in a downgraded position as a result of the vacant position displacement procedure set forth in Section 15.4. An employee who has been laid off, and applies for such who has been recalled to a position, will continue to accrue seniority during the period of layoff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section A. When employees are to be indefinitely laid off or furloughed, due to lack of work or financial exigencies, the following procedure will apply: 1. Layoff Bargaining unit members shall mean the separation of an employee from the active work forcenot be displaced by non-bargaining unit employees. Recall shall mean the return of an employee to the active work force. Section 2. If Temporary, part-time and when it becomes necessary to reduce the number of probationary employees in the work force within this Divisionsame district shall be removed prior to any involuntary layoff of bargaining unit members possessing the necessary training, as determined basic qualifications, and physical qualifications for the jobs performed by the Employersuch temporary, employees shall part-time and probationary employees. 2. Employees will be laid off by position. Laid off employees may then exercise according to their seniority within their district (For the contractual bumping rights purpose of this section "districts" shall be the same as defined in Section 6 below7, (A), Representation, Stewards and Alternate Stewards. Section 3), classification, and pay level providing that the greater seniority employees have the ability and qualifications to perform the available work. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the Bargaining unit members with higher seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff district and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, classification may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new testUniversity days of the furlough notice, volunteer to take the furlough. Section 73. If an employee, covered by this agreement, A laid off employee shall be ineligible transferred if they have the necessary training, qualifications, and physical qualifications for the job to bump within be performed. A furloughed employee shall be transferred only if, at the Sheriff's Office time of transfer, they are fully qualified to perform the duties of the position without additional training. All transfers due to layoffs or furloughs will be initiated in the following order of priority. a. To a vacancy, if any in the same district, classification, and pay level. b. To replace an employee with the least seniority in the employee’s district, classification, and pay level. c. To a vacancy, if any, in another district in the same pay level. d. To replace an employee with the least seniority in the same pay level. e. To a vacancy, if any, in a district assigned to the next lower pay level. f. To replace an employee with the least seniority in any lower pay level. The above procedure (a. through f.) shall be applied for an employee who is subject to layoff, displaced as a result of the employer will, so long as application of this procedure until the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the displaced employee is qualified for the vacant position and applies for such positiontransferred or laid off. 4. Employees shall not increase their employment status when exercising their rights under A.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean If the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary Company decides to reduce the number of employees in a job classification in a department, and the work force within this Divisionreduction is expected to continue for more than four (4) days, the reduction shall be made as determined by the Employer, follows: (a) The least senior employee or employees shall be laid off removed from the classification provided the skill and ability of the employees in the classification are relatively equal. (b) An employee removed from his or her classification and/or shift pursuant to (a) shall be afforded the opportunity to move into a job classification in an equal or lower labor grade on any shift provided he or she has the proven skill and ability to perform such work which is held by positionan employee with less seniority. Laid off An employee displaced from his job classification by the exercise of the seniority rights granted in this paragraph shall also be afforded the opportunity to displace other employees may then in accordance with this paragraph and the exercise of seniority hereunder. (c) In the contractual bumping rights operation of (a) and (b) above, a senior employee has the prerogative of accepting layoff instead of displacing a junior employee, if he or she so desires. (d) The Company will post a notice of layoff expected to last more than four (4) days at least ten (10) days in Section 6 belowadvance of such layoff, unless the conditions leading to such layoff resulted from an Act of God, labor dispute, or other condition beyond the control of the Company. (a) Employees affected by a reduction of forces shall be recalled to their regular job classification and department in the inverse order of the force reduction. If the employee refuses such recall, he will be terminated as a voluntary quit. Employees recalled to their regular job classification and department, but not to their regular shift, shall be returned to their regular shift in order of seniority as openings occur. (b) When a vacancy exists after exhausting paragraph (a), the job will be posted for bid according to the bidding procedure. If no employee is awarded such job vacancy, the most senior employee on layoff shall be afforded the vacancy providing he or she has the skill and ability to perform the work. Section 3. Employees who have been laid Nothing in this Agreement shall prohibit the Company’s laying off the employees for the purpose of taking inventory and who, within five (5) days after notice by certified mail offering the work available during such period to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time senior qualified employees in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Officedepartment. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean 17.01 It is the separation exclusive right of an employee the Employer to: (a) establish and vary from time to time, the active job classifications and the number of Employees, if any, to be employed in any classification, or in any work force. Recall shall mean place of the return centre; and (b) assign to other classifications any, or all, of an employee to the active work forceduties normally performed by classifications of this bargaining unit when Employees from within this bargaining unit are not available. Section 2(a) the parties recognize the value of meeting prior to a layoff process occurring. If The purpose of this meeting is to discuss the process of how layoffs will take place, review the current seniority list and when discuss other relevant factors the parties agree upon. (b) when, in the opinion of the Employer, it becomes necessary to reduce the number displace an Employee, due to reduction of employees in the work force within this Divisionforce, as determined or reduction in regularly scheduled hours of work of a regular Employee, or wholly or partly discontinue an undertaking, activity, or service, the Employer will notify the Employee fourteen (14) calendar days prior to the date of layoff. (c) to assist the Employee in indicating their 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. (d) a consultation meeting will be arranged by the EmployerEmployer between the Employee, employees shall be laid off by positionthe Employer representative(s) and the Union representative(s). Laid off employees may then exercise The Employee, through consultation with the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recallEmployee, shall be presumed indicate a preference of positions for which she has the requisite skill, training and knowledge to have resigned and their names shall be removed from perform the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in work by selecting a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump position in the same or a lower rank within the bargaining unitclassification and status which are vacant or, provided, however, that he/she has greater by selecting to displace an Employee with less seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee same classification. Following consultation with the Employee, the Employer shall bump the person in his/place her rank in a position that he/within the same classification where operational requirements permit in the same status for which she is qualified for who has the least seniority requisite skills, training and knowledge to perform the work. (e) where there are no positions of any status in the same classification as the Employee's current position, the Employer may indicate a preference for an alternative position which is vacant or occupied by a less senior Employee in a positionclassification in a lower pay grid. B. If 17.03 Employees who either: (a) refuse an offer by the Employer of alternate work; or (b) lack the required competency and seniority to displace another incumbent within her particular classification shall be provided with not less than fourteen (14) calendar days notice specifying the date on which she will be laid off. (a) all regular and temporary vacancies shall be posted. Casual Employees and external applicants are not eligible for hire while regular Employees remain on layoff. (b) no new regular or temporary Employees will be hired in classifications where there are other Employees in that classification who possess the requisite skills, training, knowledge and ability for the available job, who are on layoff. 17.05 Employment shall be deemed terminated when an Employee does not return from layoff when notified to do so, or in the expiry of twelve (12) months from date of the layoff, whichever comes first. 17.06 When increasing the workforce, Employees shall be recalled in order of their seniority, provided they possess the requisite skills, training, knowledge and ability to perform the work. 17.07 An Employee who is laid off employee has insufficient seniority shall make prior arrangements to bump in his/her rank, he/she pay the full premium of prepaid health benefits to assure continuation if such protection is so desired. Such arrangements shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, continue so long as the employee maintains Employee has rights to recall. 17.08 The operation of this Article, including revision of shift schedules caused by layoffs or displacement, shall not constitute a violation of the terms of this Collective Agreement. 17.09 Employees who have had their regular hours of work reduced through the application of this Article, shall indicate in writing their availability to work casual shifts. Casual shifts will be offered on the basis of seniority under and availability up to the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.Employee's previous regular hours. This offer of casual shifts shall expire twelve

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 115.01 In the event of a layoff which is expected to exceed forty (40) working hours for any particular employee, or a recall from such a layoff, the employees' experience, skills, abilities, and as required, certifications and/or licences, will be the primary considerations of the Employer. Layoff If certain employees are relatively equal on the basis of these factors, seniority shall mean govern. 15.02 In the separation event of a layoff expected to exceed forty (40) working hours for any particular employee, an employee from shall have the active work force. Recall shall mean right to bump another bargaining unit employee who has less seniority, provided the return of an employee has the requisite experience, skills, abilities and, as required, certifications and/or licences necessary to perform the active work forcejob he is bumping into. Section 2. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. 15.03 The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee Employer will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within provide two (2) years without taking a new testworking days notice, or pay in lieu of notice, to an employee who is to be laid off, unless the lay-off is caused by fire, flood, storm, power outage or failure, equipment failure and/or related repairs, or any other reason beyond the Employer’s control. Section 715.04 If an employee exercises his right to bump in accordance with Article 15.02, the employee shall be reclassified and paid at the rate of the position he bumps into. 15.05 The Employer will provide written notice of lay-off to any employee to be laid off and will provide a copy of the notice to the Union Chairperson. 15.06 The Employer shall have the right to transfer employees to different job functions or shifts. In the event of such a transfer to a higher classification the employee shall be paid at the higher rate of pay after one (1) completed shift worked in the transferred position. If an employeethe transfer is to a lower rated classification, covered by this agreementthen the employee will keep his regular rate of pay. 15.07 Members of the Shop Committee will be the last to be laid off, shall and the first to be ineligible to bump recalled, within the Sheriff's Office and is subject to layoff, classification that the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee Shop Committee member is qualified for for, and provided that the vacant position Shop Committee member has the experience, skills, abilities, and applies for such positionas required, certifications and/or licenses, necessary to perform the work. The Union will advise the Employer of the names of the three members of the Shop Committee to whom this Article will apply.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section (1. ) Layoff of casual employees shall mean the separation be by classification in reverse order of an employee from the active work force. Recall shall mean the return of an employee to the active work forceservice seniority within a Group as set out in Appendix 3. Section (2) Casual employees laid off subject to (1) above or Clause 22.2 shall be entitled to displace working junior casual employees within their Group. If and when it becomes necessary Where such displacement occurs, the employee must be qualified to reduce perform duties of the number displaced employee. (b) Casual employees on layoff shall be recalled in order of employees in service seniority within a Group, provided the casual employee is qualified to carry out the work force within this Divisionwhich is available. (c) Notwithstanding (a) above, as determined by the Employercasual employees hired for seasonal work, employees or a term certain of less than 20 workdays, shall be laid off by position. Laid off employees may then exercise upon completion of the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off season or term and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated recall procedures in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met accordance with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or (b) above. F. If an employee takes a lower ranking position (demotion1) in lieu of layoff, he/she can return The Employer shall attempt to his/her prior rank within two reach casual employees by telephone. Such attempts shall be recorded. (2) years without taking a new testIf the Employer is unable to contact casual employees by telephone for two consecutive days the employees will be immediately advised by registered mail of the date, time and results of the contact attempts and that they are considered to be unavailable for work. Section (3) In the event the Employer is not able to contact a senior casual for work which is offered and hires a junior casual, the junior employee shall be notified at that time of the proposed duration of the work assignment and will also be informed that a more senior casual employee may replace them. (e) A casual employee shall lose their service and classification seniority in the event that they: (1) become a regular employee; (2) are terminated for cause; (3) voluntarily terminate or abandon their position; (4) are not recalled for a work assignment in a 12 month period; (5) are unavailable for or decline three consecutive offers of re-employment in each seasonal period, i.e., winter shift or summer shift. Where casual employees are contacted and decline work offered, such decline will be considered to be a decline for purposes of (5) above. (f) Where casual employees are contacted and decline work, including assignments in an emergency situation, other than for reasons outlined below and communicated to the Employer at the times designated, they will be considered to have declined work for purposes of Clause 29.2(e)(5): (1) absence on a WorkSafeBC claim; (2) maternity leave; (3) absence on bereavement as per Clause 29.3(b); (4) union leave per Article 3; (5) jury duty; (6) medical or dental appointments; (7) illness; proof of illness may be required if the absence is greater than three days or where it appears a pattern of consistent or frequent absence is developing. (g) Casual employees subject to recall shall lose their service and classification seniority and shall go to the bottom of the casual call in list. If It is understood that only one decline/unavailability may be counted per calendar day and when an employeeemployee declines or is unavailable for recall for work during a calendar day, covered by this agreementthe Employer shall not be required to make further offers of work to the employee for the calendar day which the employee has declined or been unavailable for. (1) Casual employees, with the agreement of the Employer, may specify seasonal periods of availability. Such agreed to periods and any agreed to alterations thereto, shall be ineligible in writing and include the effective date. The Employer's agreement will not be unreasonably withheld. (2) Should a casual employee wish to bump within the Sheriff's Office and is subject revert from having specified days and/or times of availability to layofffull availability, the employer will, employee may do so long as by providing the employee maintains seniority under the contract, make reasonable effort to refer such employee, Employer with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position10 days written notice.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean When decreases of the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employerworking forces become necessary, employees shall be laid off by position. Laid off plant- wide seniority: (a) Probationary employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, plant who so requests, may, in lieu of layoff, bump are in the same or a lower rank within job grade where layoffs will occur will be laid off first. (b) The most junior employee in the bargaining unitplant who is in the same or lower job grade where layoffs occur, providedwill be laid off next, however, that he/she has greater followed by employees in reverse seniority than order. (c) The least senior employee(s) in the employee whom he/she is affected classification will be transferred to replacefill the jobs of junior employees laid off in paragraphs (a) and (b). The procedure for bumping most senior employees transferred shall have their choice among open classifications and shifts in the case order of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the Countyseniority, provided the employee is qualified (as defined in Article XV) to perform the work involved. The Company will make a good-faith effort to reach all affected employees within twenty-four (24) hours. If they cannot be reached, the employees will forfeit their right to exercise this preference. However, in the case of part-time or temporary work, the full-time employee will not forfeit his/her place on the recall list if he/she declines the position. If the employee is not qualified to perform the work involved, that employee will be laid off and the most senior employee who would otherwise have been laid off will be retained. The employee laid off for this reason will not be eligible for recall to the job for which he/she did not qualify. (d) When the reduction involves more than one (1) department or classification, the total number of employees to be reduced will be considered as one (1) group and paragraphs (a), (b), and (c) above will be applied in the same manner. (e) The pay rate of employees who are transferred to a lower-paying classification during the layoff procedure will be the rate of pay for the vacant position job classification into which they are placed. (f) When the layoff/transfer procedure results in a need to realign the number of employees in a classification across shifts, seniority will apply for shift preference. (g) The laid off employee shall have the option: (1) to be placed on layoff status, or (2) to be placed on part-time status (with corresponding pay and applies benefits) (h) No part-time or temporary employee shall be asked to work until all laid off, full-time employees are given the opportunity for such positionpart-time or temporary work. Recalls will be as follows: (a) Employees whose shifts were changed within a classification shall be restored by seniority to the shift from which they were initially transferred. (b) Employees within the plant whose classifications were changed will be returned by seniority to the department and job classification from which they were initially transferred. (c) Recalls from layoff will be made in order of seniority to the employee's former or lower job grade for which the employee is qualified. (d) If there are no employees remaining on layoff who were in the same or higher job grade in which a job opening occurs, or if no employees on layoff are qualified to perform the job, the opening will be posted according to the job posting procedure. (e) Any openings resulting from the posting will be filled according to the above procedure. Employees who refuse to accept a position under these procedures will be considered to have voluntarily terminated. Upon re-employment, after lay-off, the employee will have all seniority and benefits reinstated at accrued levels unless otherwise noted in the contract.

Appears in 1 contract

Samples: Labor Agreement

Layoff and Recall. Section 1. Layoff shall mean (Full Time Employees and Regular Part Time Employees Only) 12.01 A layoff is defined as a decision by the separation of an employee from the active work force. Recall shall mean the return of an employee Employer to the active work force. Section 2. If and when it becomes necessary to permanently reduce the number of employees working in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time any classification in the bargaining unit. If This does not include attrition. In this results in a tieregard, seniority for this purpose it is agreed and understood that layoff and recalls of full time employees shall be defined as continuous separate and apart from layoff and recalls of regular part time in the Sheriff's Officeemployees. Section 5. Grant funded positions shall be subject 12.02 A copy of any notice of layoff to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior an employee will be bumpedprovided to the Union at the same time. The Employer shall provide the Union and the employee with as much notice as possible, but not less than thirty (30) days. In the event that the employer does not provide advance notice of thirty (30) days the employee shall be entitled to receive the monies they would have earned within the thirty (30) day period had notice been provided. C. Subject 12.03 The parties agree to review in the context of the Labour Management Committee any alternatives that may be available to layoffs. It is understood however that such review does not place any obligation on the Employer to alter its decision and contingent upon that the Law Enforcement Division's approvaloperation of this review does not constitute a difference between the parties. 12.04 When the Employer decides that a permanent layoff is necessary in any classification, the Employer shall layoff employees in lieu the reverse order of layoff may bump their seniority within their classification providing that those employees who remain on the job have the qualifications and ability to a lower rank within perform the Law Enforcement Division, provided, however, work. It is understood and agreed that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out Employer shall be the judge of the Unit overall requirements for the classification. There shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff bumping rights. 12.05 Employees shall be as provided recalled to the classification for which they were laid off in the Departmental Rules and Regulationsorder of seniority. D. Employees may bump only 12.06 No new employees will be hired into a classification until all employees on layoff in that classification with recall rights are recalled to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unitwork. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean 19.01 The elimination of a term position or the separation reduction of an employee from the active work force. Recall shall mean the return of an employee to the active work forcea session in a term position will be defined as a layoff. Section 219.02 The employee, subject to layoff, will be notified and laid off then placed on a redundancy list for recall. If and when it becomes necessary to reduce The laid off employee will be given prior consideration for any available position for which they are qualified. The process of displacement will take effect at the number beginning of employees in the work force within this Division, as determined by next term. 19.03 In the Employer, new term employees shall be laid off by position. Laid off employees may then exercise in the contractual bumping rights reverse order of their seniority in Section 6 belowa specific program and level and based on ability, skills and qualifications to do the work in a specific program. Section 3. Employees who have been 19.04 An employee laid off in one level and whoprogram will be given the opportunity of displacing an employee with less seniority in another job classification or program provided the senior employee has the ability, within five (5) days after notice by certified mail skills and qualifications to perform the last known address, fail to respond as directed, or who decline recall, job. 19.05 An employee on the redundancy list shall be presumed recalled in the order of their seniority provided they have the ability, skills and qualifications to have resigned and their names shall be removed from do the seniority listwork in the specific program. Section 4. Seniority as it is used to determine layoff and 19.06 An employee on the redundancy list for recall shall may be based upon continuous time in rank within considered for temporary work by the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's OfficeBoard. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject 19.07 The Board agrees that when a decision is made to layoff, who so requestsmake a term position redundant, mayclose a department or cancel a program, the Board shall notify the Union in lieu writing. 19.08 The employer will provide two weeks written notice prior to the layoff. 19.09 A member has the right to be recalled to a term position, equivalent to that held at the time they are laid off, for a period of up to twenty-four (24) months from the date of the layoff, bump in according to seniority, ability, skills and qualifications to do the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than job. 19.10 If the employee whom he/she is recalled to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a an equivalent term position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority chooses not to bump. If more than one employee to be bumped meets this criteriaaccept that job, the least senior employee will be bumpeddeemed to have resigned. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. (a) If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined there is a staff reduction by the EmployerCity within the 3888 bargaining unit, employees shall be laid off by position. Laid off Division, in reverse order of seniority provided that the remaining employees may then exercise have the contractual bumping rights in Section 6 belowskill, ability and qualifications to perform the work required. Section 3. Employees who have been (b) The employee to be laid off and whofrom the Division shall have preference for any suitable vacant position available at that time for which he or she is qualified. The City will provide the employee who selects a vacant position with the opportunity to obtain training as may be required to complement existing skills provided the training shall not exceed six (6) months. (c) If the employee does not take any suitable vacant position, within five (5) days after notice by certified mail to he or she may be laid off immediately or identify the last known address, fail to respond as directedlowest ranked position in another Division for which he or she is immediately qualified, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she qualifies with a thirty (30) day familiarization, and in which there is qualified and has sufficient seniority to bumpan employee with less seniority. If more than one He or she may bump from that identified position the most junior employee. This employee shall be laid off from the City. (d) When an employee to be bumped meets this criterialaid off under clause (c) is above the rank of First Class Fire Fighter, the least senior employee will be bumped. C. Subject to and contingent upon may identify the Law Enforcement Division's approval, employees junior person in lieu of layoff may bump to a lower another Division holding the same rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/for which he or she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations immediately qualified, or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by qualifies with a thirty (30) day familiarization period. (e) If the Sheriff, after having met with representatives employee originally laid off from the bargaining unitDivision is to be reduced in salary as a result of selecting a suitable vacant position or bumping into a job in another Division, his or her salary earned immediately prior to the layoff shall be maintained for up to twenty­four (24) months from the date of taking the suitable vacant position or bumping. Thereafter, the employee shall be paid the salary of the position occupied. E. Seniority as it is used (f) An employee reduced in bumping shall be defined as the continuous length of time in the bargaining unit in rank due to lay­off, and who held the rank of Sergeant First Class Fire Fighter or abovebetter prior to lay­off, shall not, as a result of this provision, be reduced in rank below First Class Fire Fighter. F. If (g) Notwithstanding the promotion provisions of this Collective Agreement, an employee takes demoted as a lower ranking position (demotion) in lieu result of layoff, he/she can return staff reductions shall be the first to be re­ promoted to his/her prior rank within two (2) years without taking previous position when a new testvacancy occurs in that specific Division. Section 7. If an employee(h) Provided that no more than two years have elapsed from the date of lay­off, covered by this agreement, such employees shall be ineligible recalled to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains work in order of seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is they are qualified for the vacant position and applies for such positionvacancy. The City will provide the employee with the opportunity to obtain familiarization as may be required to complement existing skills provided the familiarization does not exceed thirty (30) days.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section A. The Employer and the Union recognize the possibility that the financial condition of the schools at a given time could necessitate a curtailment of program on the part of the Employer, including a reduction of personnel. The parties also recognize that such determinations to reduce programs and/or personnel are within the exclusive discretion of the Employer. In the event of a reduction of personnel through layoff from employment, the following procedure will be utilized by the Employer or its designated representatives. 1. Layoff When the Employer determines it is necessary to reduce the size of the work force by elimination of positions in a seniority classification, employees in the seniority classification shall mean be reduced in order of least seniority provided there are more senior employees within the separation seniority classification remaining who possess the skills and/or qualifications to perform the duties of an the positions vacated by the least senior employees in the classification. 2. An employee reduced from a position in their present seniority classification shall be retained in a position in another classification in which they have previously accumulated seniority, provided there is a less senior employee in that classification and the more senior employee possesses the skills and/or qualifications to perform the duties of the position. 3. Employees shall be provided two (2) weeks’ notice prior to the effective date of layoff and two (2) weeks’ notice prior to the effective date of a reduction in hours, absent extenuating circumstances. B. When positions become available in a seniority classification, employees who have been laid off from that seniority classification shall be recalled in order of greatest seniority, provided the employee possesses the skills and/or qualifications to perform the duties of the position. Recall rights to a position shall terminate three (3) years from the active work forcedate of layoff. Recall If there are no employees laid off from a seniority classification, employees from another classification who have the skills and/or qualifications to perform the duties of the position shall mean the return be recalled in order of an employee to the active work forcegreatest seniority. Section 2. If and when C. When the Employer determines it becomes is necessary to reduce the number of hours of any bargaining unit position, an employee, in an effort to maintain the current number of hours worked, upon application, shall be placed in a position in their present seniority classification which would maintain their hours of employment and which is held by a less senior employee, provided the reduced employee possesses the skills and/or qualifications to perform the duties of the position. In no case shall a new employee be hired by the Employer while there are laid off employees who are qualified for a vacant or newly-created position. D. In the event of a layoff, the Employer and the Union may mutually agree to allow individual employees to waive their seniority rights for the purpose of the layoff. With the written approval of the Employer and the Union, employees may, at their option and without prejudice to seniority and other rights under this Agreement, waive their seniority in the work force within this Divisioninstance of the Employer instituting a layoff. Such waiver, as determined if authorized by the Employeremployee, employees shall not be laid off by positionconstrued to be a waiver of seniority or any other right under the contract. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees An employee who have has been laid off under the provisions of this paragraph will be subject to recall pursuant to the procedures set forth in this section and whomay not subsequently bump a less senior employee prior to his/her recall. E. A laid off employee shall, within five (5) days after notice upon application and at his/her option, be granted priority status on the substitute list according to his/her seniority. F. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employer’s records. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee’s responsibility to keep the Employer notified as to his/her current mailing address, fail . A recalled employee shall be given ten (10) calendar days from receipt of notice of recall to respond as directed, or who decline to the recall, shall be presumed to have resigned and their names shall be removed from . The Employer may fill the seniority listposition on a temporary basis until the recalled employee can report for work providing the employee responds within the ten (10) day period. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. G. An employee subject who declines recall to layoff, who so requests, may, in lieu of layoff, bump in the same a position with fewer hours or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit pay rate for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to forfeit his/her prior rank within two (2) years without taking a new testrights to that position but not to future recalls. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. a) If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined there is a staff reduction by the EmployerCorporation within the bargaining unit, employees shall be laid off by position. Laid off Division, in reverse order of seniority provided that the remaining employees may then exercise have the contractual bumping rights in Section 6 belowskill, ability and qualifications to perform the work required. Section 3. Employees who have been b) The employee to be laid off and whofrom the Division shall have preference for any suitable vacant position available at that time within Richmond Hill Fire Emergency Services for which he or she is qualified. The Corporation will provide the employee who selects a vacant position with the opportunity to obtain training as may be required to complement existing skills provided the training shall not exceed six (6) months. c) If the employee does not take any suitable vacant position, within five (5) days after notice by certified mail to he or she may be laid off immediately or identify the last known address, fail to respond as directedlowest ranked position in another Division for which he or she is immediately qualified, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she qualifies with a thirty (30) day familiarization, and in which there is qualified and has sufficient seniority to bumpan employee with less seniority. If more than one He or she may bump from that idenitfied position the most junior employee. This employee shall be laid off from the Corporation. d) When an employee to be bumped meets this criterialaid off under clause (c) is above the rank of First Class Fire Fighter, the least senior employee will be bumped. C. Subject to and contingent upon may identify the Law Enforcement Division's approval, employees junior person in lieu of layoff may bump to a lower another Division holding the same rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/for which he or she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations immediately qualified, or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by qualifies with a thirty (30) day familiarization period. e) If the Sheriff, after having met with representatives employee originally laid off from the bargaining unitDivision is to be reduced in salary as a result of selecting a suitable vacant position or bumping into a job in another Division, his or her salary earned immediately prior to the layoff shall be maintained for up to thirty (30) months from the date of taking the suitable vacant position or bumping. Thereafter, the employee shall be paid the salary of the position occupied. E. Seniority as it is used f) An employee reduced in bumping shall be defined as the continuous length of time in the bargaining unit in rank due to lay-off, and who held the rank of Sergeant First Class Fire Fighter or abovebetter prior to lay-off, shall not, as a result of this provision, be reduced in rank below First Class Fire Fighter. F. If g) Notwithstanding the promotion provisions of this Collective Agreement, an employee takes demoted as a lower ranking position (demotion) in lieu result of layoff, he/she can return staff reductions shall be the first to be re-promoted to his/her prior rank within two (2) years without taking previous position when a new testvacancy occurs in that specific Division. Section 7. If an employeeh) Provided that no more than two years have elapsed from the date of lay-off, covered by this agreement, such employees shall be ineligible recalled to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains work in order of seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is they are qualified for the vacant position vacancy. The Corporation will provide the employee with the opportunity to obtain familiarization as may be required to complement existing skills provided the familiarization does not exceed thirty (30) days. i) Prior to actually laying off any employee(s), the Director of Human Resources shall provide written notice to the Union at least thirty (30) calendar days prior to the impending layoff(s) and applies for shall, if so requested, meet with the Union within ten (10) calendar days of such positionrequest to discuss such layoff(s).

Appears in 1 contract

Samples: Working Agreement

Layoff and Recall. Section 1. Layoff In the event the Employer finds it necessary to lay off employees due to lack of work, such layoffs shall mean be on the separation basis of an the employee's Classification Seniority with the Employer. The employee from with the active work force. Recall least seniority in the classification affected shall mean be the return of an employee first to the active work forcebe laid off. Section 2. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, employees Employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights given fourteen (14) calendar days’ notice, if possible, in Section 6 belowcases of layoff. Section 3. Employees Laid off employees shall be given preference in reemployment if qualified. In the event of recall, employees shall be recalled in the reverse order of the layoff. Section 4. The affected employee(s) may exercise one of the following options: a) The employee may bump the least senior employee in the same or lower pay grade within their respective classification, or the employee may bump the least senior employee in his or her former classification if his or her seniority in the former classification exceeds that of the least senior employee in that classification. b) The affected employee(s) may opt to fill a vacancy in their own or lower pay grade in any classification if, in the Employer’s opinion, they are qualified and have the ability to perform within that classification. c) Employee(s) who have been laid off and whoor displaced shall have the right of recall to any former job classification or any other job classification for which they are minimally qualified in their own or lower pay rate. d) When work becomes available in that employee's classification from which they were laid off or displaced, they will be recalled in reverse order of their layoff or displacement. e) For the purposes of recall notification the Employer shall notify the employee by a reliable, documented, means at the last known address supplied by the employee. Employees must notify the Employer within five (5) working days of the date the message was received of their intent to report to work after notification. Employees shall report to work within three (3) working days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and indicating their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee willingness to be bumped meets this criteria, the least senior employee will be bumpedreinstated. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff (a) The Hospital shall mean provide the separation Union Vice President with no less than three (3) calendar weeks’ notice of a short-term layoff; however such notice shall not be required if the short-term layoff occurs because of an employee from act of God or any other condition or occurrence beyond the active work forcereasonable control of the Hospital. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine A short- term layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous a layoff for a period of less than thirteen (13) (b) Prior to implementing a short-term layoff, employees in the affected classification and department or unit will be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time off or take unpaid leaves in order to minimize the impact of a short-term layoff. (c) In the event of a layoff in a department or unit, the Hospital shall lay off employees within their classification and status, in the reverse order of their seniority, providing that there remain on the job, Bargaining Unit employees who then have the ability to perform the work. (d) An employee who is subject to layoff pursuant to Article 14.01 (c) shall have the option to either: (i) accept the layoff, or (ii) bump an employee who has lesser bargaining unit seniority and who is the least senior employee in an equal or lower paying classification in the bargaining unitunit if the employee originally subject to layoff can perform the duties of such equal or lower paying classification with training. If this results in The Hospital will provide such training to a tie, seniority for this purpose maximum of one hundred and fifty (e) An employee who is subject to layoff according to the above procedure shall herself be defined as continuous time in the Sheriff's Officeentitled to exercise her bumping rights. Section 5. Grant funded positions shall be subject to (f) In the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An event that there is no employee subject to layoff, who so requests, may, in lieu of layoff, bump with less seniority in the same or a lower rank within the bargaining unitclassification, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The a laid off employee shall have the right to bump the person in his/her rank in a position that he/she is qualified for who has the least another employee with lesser seniority in a positionhigher paying classification provided they are able to meet the normal requirements of the job, without training other than orientation. B. If the laid off employee has insufficient seniority (g) Subject to Article 14.01 (d) (ii) above, full time employees may only bump full time employees and part time employees may only bump part time employees in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpeda layoff situation. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit (h) An employee shall be as provided in entitled to have Union representation at the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, time of being issued a notice of layoff. (i) An employee(s) being recalled from layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only entitled to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return receive up to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.two

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees in a job classification for lack of work or lack of funds, the work following procedure shall govern a layoff. 2. The number of people affected by reduction in force within this Divisionwill be kept to a minimum by not employing replacements insofar as practical for employees who resign, as determined by the Employerretire, or otherwise vacate a position. 3. Whenever it becomes necessary to lay off employees, affected employees shall be laid off by according to classification seniority. Authorized leaves of absence do not constitutean interruption in continuous service, but time on leaves of absence of one‐ half work year or more shall not count toward years of experience. 4. The Board of Education shall determine in which classifications the layoff should occur and the number of employees to be laid off. In the classifications of the layoff, employees on probation shall be laid off first. 5. The identified employee(s) shall be laid off from her/his current position. Laid off employees may then exercise An individual subject to layoff is entitled to bump a less senior employee in her/his same job title in the contractual bumping rights same classification, or, if none is available, a less senior employee in Section 6 below. Section 3. Employees who have been laid off and who, a lower‐rated job in the affected employee’s same job classification within five (5) days after notice by certified mail working days. When an employee can no longer exercise her/his classification seniority, she/he may use system seniority to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results displace a less senior employee in a tiepreviously held classification beginning with the classification most recently held, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than provided the employee whom he/she is to replaceretains the required qualifications. The procedure for bumping in the case of layoffs is Job titles and classification series are set forth as follows: A. The laid off employee shall bump the person in hisa. Paraprofessional/her rank in a position that heAides i. Computer Media Specialist/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bumpLibrary Media Specialist ii. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.Paraprofessional

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation 29.01 In cases of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall where the employee has the ability, qualifications, competence, and skill then seniority shall be based upon continuous time apply. 29.02 In the event of a reduction in rank the workforce of a department, layoff shall commence with the employee with the least amount of total seniority within the bargaining unit. If this criteria results base, vehicle, status and classification affected. 29.03 An employee given notice of lay-off may utilize his/her seniority to displace the more junior full-time employee in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in classification with the same or a lower rank within job rate provided the bargaining unit, provided, however, that he/she employee has the necessary ability and qualifications and provided the employee has greater seniority than the employee whom he/she whose position is being claimed. Employees displaced under this process shall have rights to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a positionsame procedure. B. If 29.04 An employee, who elects to use his seniority as in paragraph 29.03 above, shall receive the laid off employee has insufficient seniority to bump in his/her rankrate of pay for the position, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified secures. 29.05 Notice of lay-off shall be given to an employee and has sufficient seniority the Union fourteen (14) calendar days in advance of lay-off. 29.06 In the event of recall, positions will be filled in the reverse manner to bumpthe layoff, and to the employee(s) original base, vehicle and status. If more than one employee to be bumped meets this criteriathe employee(s) original base, vehicle, and status are not available then the least senior employee will be bumpedoffered any open position, in their classification, but has the option to accept or decline the offer. The employee will stay on the layoff recall list for a period of twenty four (24) months. It is understood that a recertification process would be agreed upon for members who no longer hold their previous certification. A full-time employee will be recalled to a full-time position. C. Subject 29.07 Prior to and contingent upon the Law Enforcement Division's approvalprocess in 29.06, employees in lieu of who are not on the layoff may bump to a lower rank within the Law Enforcement Divisionlist, providedand are still active members, however, that he/she has greater length of service and were displaced in the Sheriff's Office than whomever he/she is replacing. Bumping out event of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return move or closure of base will have the option to his/her prior rank within two (2) years without taking a new test. Section 7. If an employeebe recalled to their original base, covered by this agreement, shall be ineligible to bump within the Sheriff's Office vehicle and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the Countystatus, provided the employee is qualified for the vacant position and applies for such positionthey are have greater seniority.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section A. The Employer and the Union recognize the possibility that the financial condition of the schools at a given time could necessitate a curtailment of program on the part of the Employer, including a reduction of personnel. The parties also recognize that such determinations to reduce programs and/or personnel are within the exclusive discretion of the Employer. In the event of a reduction of personnel through layoff from employment, the following procedure will be utilized by the Employer or its designated representatives. 1. Layoff When the Employer determines it is necessary to reduce the size of the work force by elimination of positions in a seniority classification, employees in the seniority classification shall mean be reduced in order of least seniority provided there are more senior employees within the separation seniority classification remaining who possess the skills and/or qualifications to perform the duties of an the positions vacated by the least senior employees in the classification. 2. An employee reduced from a position in their present seniority classification shall be retained in a position in another classification in which they have previously accumulated seniority, provided there is a less senior employee in that classification and the more senior employee possesses the skills and/or qualifications to perform the duties of the position. 3. Employees shall be provided two (2) weeks’ notice prior to the effective date of layoff and two (2) weeks’ notice prior to the effective date of a reduction in hours, absent extenuating circumstances. B. When positions become available in a seniority classification, employees who have been laid off from that seniority classification shall be recalled in order of greatest seniority, provided the employee possesses the skills and/or qualifications to perform the duties of the position. Recall rights to a position shall terminate three (3) years from the active work forcedate of layoff. Recall If there are no employees laid off from a seniority classification, employees from another classification who have the skills and/or qualifications to perform the duties of the position, shall mean be eligible to bid on the return of an employee to the active work forceposition. Section 2. If and when C. When the Employer determines it becomes is necessary to reduce the number of hours of any bargaining unit position, an employee, in an effort to maintain the current number of hours worked, upon application, shall be placed in a position in their present seniority classification which would maintain their hours of employment and which is held by a less senior employee, provided the reduced employee possesses the skills and/or qualifications to perform the duties of the position. In no case shall a new employee be hired by the Employer while there are laid off employees who are qualified for a vacant or newly-created position. D. In the event of a layoff, the Employer and the Union may mutually agree to allow individual employees to waive their seniority rights for the purpose of the layoff. With the written approval of the Employer and the Union, employees may, at their option and without prejudice to seniority and other rights under this Agreement, waive their seniority in the work force within this Divisioninstance of the Employer instituting a layoff. Such waiver, as determined if authorized by the Employeremployee, employees shall not be laid off by positionconstrued to be a waiver of seniority or any other right under the contract. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees An employee who have has been laid off under the provisions of this paragraph will be subject to recall pursuant to the procedures set forth in this section and whomay not subsequently bump a less senior employee prior to his/her recall. E. A laid off employee shall, within five (5) days after notice upon application and at his/her option, be granted priority status on the substitute list according to his/her seniority. F. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employer’s records. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee’s responsibility to keep the Employer notified as to his/her current mailing address, fail . A recalled employee shall be given ten (10) calendar days from receipt of notice of recall to respond as directed, or who decline to the recall, shall be presumed to have resigned and their names shall be removed from . The Employer may fill the seniority listposition on a temporary basis until the recalled employee can report for work providing the employee responds within the ten (10) day period. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. G. An employee subject who declines recall to layoff, who so requests, may, in lieu of layoff, bump in the same a position with fewer hours or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit pay rate for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to forfeit his/her prior rank within two (2) years without taking a new testrights to that position but not to future recalls. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section In order to promote an orderly reduction in personnel, the following procedure will be used. 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee The Board agrees to file written notice to the active work forceAssociation prior to affecting reductions in personnel. Individual teachers shall be notified in writing at least thirty (30) days prior to the effective date of layoff, except when a millage election will be held within that period, in which case fourteen (14) calendar days shall be the minimum. 2. Bumping, based on seniority, shall proceed as indicated below: a. Probationary teachers shall be laid-off before tenure teachers. Among probationary teachers, those with the least seniority will be laid-off first. In either case, teachers must meet the criteria listed in Article XIII, Section 2. If and when it becomes necessary b. in order to reduce institute the number of employees in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowprocedure. Section 3. Employees who have been laid off and whob. If reduction is still necessary, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank each teacher in a position that he/she is qualified for who has being eliminated shall have the least seniority in a position. B. If the laid off employee has insufficient seniority right to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority transfer to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a any other teaching position for which he/she is qualified certificated provided he/she has more seniority in this school district than the teacher in said position. This bumping shall be referred to as "primary bumping." c. After those teachers whose specific positions have been eliminated have had an opportunity to transfer to positions according to Article XIII, Section 2. b., each displaced teacher shall have the right to transfer to any other teaching position for which he/she is certificated, provided he/she has more seniority in this school district than the teacher in said position. This bumping shall be referred to as "secondary bumping." d. This procedure shall be followed until all teachers displaced by either primary or secondary bumping have been relocated as determined by their seniority and the Sheriff, after having met with representatives from the bargaining unitnumber of available positions. E. Seniority as it is used e. Both primary and secondary bumping may be accomplished at (a) meeting(s) arranged by the Board in bumping order to minimize disruption, provided each involved teacher shall have received forty-eight (48) hours notice. f. Exceptions: 1.) An exception to the transfer rights cited in Article XIII, Section 2. a-e. above could be defined as compliance with accreditation criteria, statutory requirements beyond state certification requirements (i.e. No Child Left Behind Act) or situations wherein the continuous length of time Board may have serious doubts about a teacher's ability to perform satisfactorily in the bargaining unit position requested. 2.) A teacher may choose voluntary layoff in order to avoid receiving an undesired position if another teacher to be laid-off accepts the position in question. 3.) Teachers must have a K-12 certificate endorsement for the subject area to transfer to an elementary specialist position (art, music, and physical education). 4.) A teacher referred to in the rank Letter of Sergeant Agreement concerning "highly qualified" holding a K-8 All Subjects, a 7-8 All Subjects, or aboveK-12 Special Education certificate or endorsement will not qualify for an assignment occupied by another teacher in grades 6-8 for Computer Lit., Health, Home Economics (Cooking), Living Skills, Industrial Arts (Xxxxx), Synergistics, Educational Development Plan (EDP), or Physical Education. F. If an employee takes a lower ranking position (demotion) 3. Further, the Board will institute recall procedures, which, when implemented, will provide that teachers will be recalled in lieu the reverse order of layoff, he/she can return as a position for which they are certificated becomes available, subject to his/her prior rank within the same exceptions as outlined in Article XIII, Section 2. f. 4. A probationary teacher who is laid-off shall remain on the recall list for two (2) calendar years without taking a new testfrom the effective date of layoff. A tenured teacher who is laid-off shall remain on the recall list for five (5) calendar years from the effective date of layoff. Section 5. Refusal to report when recalled by the Board or failure to respond, personally, within fifteen (15) days of the certified mailing shall be considered a resignation and terminate that teacher's right to recall. 6. Notification of a recall shall be in writing with a copy to the Association. The notification shall be sent by certified mail to the teacher's last known address. It shall be the responsibility of each teacher to notify the Board of any change of address. 7. If an employee, covered by this agreement, Recalled teachers shall be ineligible entitled to bump within all leave benefits accrued prior to the Sherifflayoff as provided in this Agreement. 8. Administrators shall be encouraged to utilize laid-off teachers as substitutes, where practicable. 9. Changes in a certification while on layoff shall be recognized during recall from layoff status. It is the teacher's Office and responsibility to notify the Board of any changes in certification, licensure, or endorsement which may affect positions for which he/she is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionqualified.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean 26.01 In the separation event of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, a layoff probationary employees shall be laid off by positionfirst within their job classification. Laid Thereafter, employees will be laid off in the reverse order of their seniority within their job classification providing the remaining employees may then exercise are qualified to perform the contractual bumping rights in Section 6 belowwork. Section 326.02 An employee who is subject to layoff shall have the right to: (a) Accept the layoff; or (b) Displace an employee who has lessor bargaining unit seniority and who is the least senior employee in a lower or identical paying job classification in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical job classification without training and/or orientation in excess of twenty-four (24) hours. Employees who have been Such employee so displaced shall be laid off and whoentitled to trigger the bumping provisions of this Article. If the least senior employee in the lower or identical job classification is employed in special circumstances at reduced hours (i.e. job share or reduced work week arrangements) the employee affected by the layoff shall have the option of bumping that employee or bumping the next employee with the least seniority within that job classification who is employed in a comparable position regarding the number of hours worked. Such employee so displaced shall be laid off and entitled to trigger the bumping provisions of this Article. 26.03 An employee, affected by a lay off, shall elect to accept the lay off or bump another employee in accordance with this Article within five (5) working days after of the delivery of the notice of lay off personally or by certified registered mail to the last address known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6Employer. An employee subject who fails to layoff, who so requests, maymake an election within five (5) working days shall be laid off automatically and placed on recall. 26.04 An employee shall have the opportunity of recall from a layoff to an available opening in a lower or identical paying job classification, in lieu order of layoffseniority, bump in the same or a lower rank within the bargaining unit, provided, however, that provided he/she has greater seniority than the ability to perform the work without training or orientation in excess of twenty-four (24) hours before such opening is filled on a regular basis under the job posting procedure herein. Any job posting procedure initiated by the Employer shall specify that it is subject to these recall rights. 26.05 The recall notice shall state the position and/or job classification to which the employee whom is eligible to be recalled, the location of the position and the date and time at which the employee shall report for work. It is the responsibility of the recalled employee to notify the Employer of his/her intention to return to work within five (5) working days of the delivery of the recall notice personally or by registered mail. If the recalled employee notifies the Employer of his/her intent to return he/she shall return to work within ten (10) working days of the delivery of the recalled employee’s decision to accept recall. If the recalled employee fails to notify the Employer of his/her intent to return he/she will be terminated in accordance with the seniority provisions in Article 25.04(d). 26.06 In determining the ability of an employee to perform the work for purposes of this Article the Employer shall not act in an arbitrary or unfair manner. 26.07 An employee recalled to work in a different classification from which he/she was laid off shall have the privilege of returning to the classification he/she held prior to the lay off should it become vacant within six (6) months of being recalled. Similarly, an employee who is laid off and elects to replacebump another employee under this Article to work in a different classification from which he/she was laid off shall have the privilege of returning to the classification he/she held prior to the lay off should it become vacant within six (6) months of the date of lay off. 26.08 No new employee shall be hired until all those laid off have been given the opportunity to return to work and have failed to do so in accordance with this Article or unless those laid off are unable to perform the work available without training and/or orientation in excess of twenty-four (24) hours. 26.09 An employee on lay off shall be given preference for temporary vacancies (except any vacancies caused by employee vacation) in lower or identical paying job classifications which are expected to exceed ten (10) working days at the time the vacancy is created provided the employee has the ability to perform the work without any training. The procedure If the employee accepts recall to fill the temporary vacancy he/she shall be paid at the rate of pay for bumping in the case position filled. However, an employee who has been recalled to such temporary vacancy shall not be required to accept recall and may instead remain on lay off. 26.10 In the event that a lay off is commenced on the day immediately following a statutory holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of layoffs is as follows:the day on which the lay off commenced. A. The 26.11 A laid off employee shall bump retain the person in his/her rank in rights of recall for a position that he/she is qualified for who has period of twenty-four (24) months from the least seniority in a position. B. If original date of lay off (temporary periods of recall are to be excluded from the period of twenty-four (24) months herein until the laid off employee has insufficient seniority accumulated thirty-five (35) days of work through temporary assignments). 26.12 In the event of a lay off of an employee entitled to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteriainsured benefits coverage, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out Employer shall pay its share of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only benefits premiums for up to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives thirteen (13) weeks from the bargaining unit. E. Seniority as it date of the lay off or until the laid off employee is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the Countyemployed elsewhere which ever occurs first, provided the employee pays his/her share of the benefits premiums on the first day of each month during the thirteen (13) week period. In any event, the insured benefits coverage shall cease immediately following the thirteen (13) week period. 26.13 For purposes of this Article the words “identical paying job classification” shall mean the same classification or any other classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is qualified for within one percent (1%) of the vacant position and applies for such positionlaid off employee’s straight time hourly wage rate.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff In the event it is necessary to lay off employees covered by this Agreement or to eliminate a filled position covered by this Agreement, the Employer shall mean provide the separation Union with fourteen (14) calendar days’ notice in writing. The layoff or elimination will be done as follows: a.) by subjecting to layoff the least senior employee or employees in the unit, job classification, category of employment and shift as provided for in Section 10. below; b.) all probationary employees in the job title, in which a layoff is to occur will be terminated prior to any regular employee in that job title, unit, shift, and category of employment, being subject to layoff; c.) an employee from subject to layoff will have the active work force. Recall shall mean option of filling a vacancy in the return of bargaining unit provided that he/she has the entry level qualifications for hiring into the position; d.) an employee subject to layoff will have the active work forceoption of taking the layoff if he/she is otherwise required to assume a position on a different shift or one providing fewer hours or less pay; e.) vacancies filled by employees subject to layoff need not be posted under the Vacancies, Job Bidding and Transfers Article of the Agreement; and, f.) when it is necessary to permanently change the number of employees on a shift within a unit, such a change will be made first by requesting volunteers to transfer to a shift within a unit where additional staffing is needed. If an insufficient number of employees volunteer, the least senior employee on the shift and unit to be reduced will be transferred to a shift and/or unit where additional staffing is needed. If the transfer involves a different shift or reduction in pay, the affected employee may opt for a layoff. Section 2. When an employee with seniority is subject to layoff or has his/her position eliminated under Section 1. above, the following procedure shall be implemented for the purpose of placing such affected employee in a position in the bargaining unit: a.) If reductions are required within the affected job classification, unit, shift and when it becomes necessary category of employment, non-probationary employees shall be laid off in the inverse order of seniority. b.) Employees shall have the option of being placed in an available vacancy within the bargaining unit subject to reduce the following conditions and terms: (i) the vacant position is in the same pay grade and shift; (ii) the employee must have the entry level qualifications for hiring into the position; (iii) the employee with the greatest bargaining unit seniority opting for the vacant position shall be placed in the position where qualifications and ability are relatively equal; (iv) if an insufficient number of employees in the work force within this Divisionaffected job classification, as determined by the Employerunit, shift and category of employment do not opt for available vacancies, such employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights placed in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time available vacancies in the bargaining unit. If this results in a tie, inverse order of seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall long as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump such vacancies are in the same or job classification, shift and category of employment. c.) Non-probationary employees subject to layoff shall have a lower rank within one-time bumping right which must be exercised simultaneously with the bargaining layoff under the following conditions. If an employee chooses to bump rather than take layoff, they shall lose all recall rights to their previous position: (i) the employee must have greater seniority than the person being bumped; (ii) the employee must have the entry level qualifications for hiring into the position; (iii) the employee being bumped must always be the least senior employee in the job classification, unit, providedshift and category of employment (i.e., however, that an employee cannot bump into the middle of the seniority list even if he/she has greater seniority than the employee whom person he/she is intends to replacebump); (iv) the employee may bump into a higher category of employment or into the same or lower category (i.e., PT-3 to PT-2). The procedure If an employee chooses to bump into a higher category of employment, they are not eligible to bid for bumping twelve (12) months; (v) the employee may not bump into a higher pay grade, but may bump into a lower pay grade in the case of layoffs is as follows: A. The laid off employee shall bump the person in order to maintain his/her rank category of employment; (vi) the employee must be willing to work the hours and schedule of the position into which he/she bumps; (vii) the employee must be willing to accept the pay for the position into which he/she bumps; (viii) no employee may bump a non-probationary employee in a position particular job classification, shift and category of employment wherein there is an available vacancy; such an employee must accept an assignment into that vacancy (rather than bump) as long as the Employer determines that he/she is qualified able to do the work. The employee must meet the minimum skill, education and experience for who has hiring into the least seniority position; (ix) an employee may change shift in order to assume a positionposition in the same or preferred category of employment. B. If d.) Non-probationary employees subject to layoff who have bumping rights shall exercise their bumping rights in the laid off following order: Step 1. The least senior employee has insufficient seniority to bump in his/her rankjob title, unit, category and shift; if not available go to: Step 2. Offered to bump the least senior employee in his/her job title and unit, regardless of category and shift. (“Offered” means the employee will be given the option, but will not be forced,) if Employee does not wish to exercise this option, go to step 3. Step 3. The least senior employee in his/her job title, category, and shift regardless of unit; if not available go to: Step 4. The least senior employee in his/her job title; if not available: Step 5. Different job classification within the same pay grade, same category of employment and shift; if not available go to: Step 6. Different job classifications within the next lower pay grade, same category of employment and shift if not available repeat Step 6 until placed or laid off: Step 7. When the least senior employee above is bumped he/she shall then bump the person in the next lower rank within the unit for which be placed as if he/she is qualified and has sufficient seniority were subject to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedlayoff. C. Subject to and contingent upon the Law Enforcement Division's approval, e.) Non-probationary employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that affected classifications who are subject to layoff shall have preference over per diem or temporary employees for any available per diem or temporary work which they are able to perform. In the event an employee subject to layoff is performing per diem or temporary work he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall accrue only those benefits to which a per diem or temporary would be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulationsentitled. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 114:01 In the event of any reduction in force where an affected worker is laid off out of the plant, the Company will provide a minimum of forty-eight (48) hours advance notice. Layoff In the event the company does not provide forty-eight (48) hours of notice, the affected employee(s) will be paid eight (8) hours pay in lieu of such notice. This provision shall mean not apply where the separation of an employee from reduction in force is due to a labour dispute, government requirements, fire, flood, power failure, water failure, inclement weather, or other matters beyond the active work force. Recall shall mean the return of an employee to the active work forceCompany’s reasonable control. Section 2. If and when it becomes necessary to reduce 14:02 For any reduction in the number of employees within a classification, employees will be displaced in the work force following manner: (a) All probationary employees within this Division, as determined by the Employer, employees shall classification will be laid off by position. Laid off first, provided the remaining employees may then exercise have the contractual bumping rights in Section 6 belowability to perform the work of the employee to be laid off. Section 3. Employees who have been (b) Thereafter, employees will be laid off and whoin inverse order of seniority, provided the remaining employee(s) has the ability to perform the work of the employee(s) to be laid off. (c) Any employee who is identified for layoff may exercise his or her seniority to displace an employee with less seniority in the bargaining unit provided they have the ability to perform the work, with the exception of displacing an employee in the Skilled Trades classification. This bumping procedure will be continued ‘to exhaustion’. (d) Where more than one (1) employee is laid off at the same time, the above process will apply to each individual employee identified for layoff. (e) When electing to ‘bump’ into another classification, the worker ‘bumping’ in will displace the lowest seniority worker in that classification. 14:03 An employee who is transferred from one classification to another due to a reduction in force will be returned to their previous classification as required by the workload if such requirement occurs within twelve (12) months. After twelve (12) months, should the workload increase, the vacancy will be posted. 14:04 1. Any employee who exercises their seniority bump into another classification or is transferred to another classification due to a reduction in force shall be afforded a five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4day familiarization period. Seniority as it It is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An specifically understood that if an employee subject to layoffthis provision has any issues, who so requests, may, in lieu of layoff, bump in questions or concerns with the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for job upon which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as they are becoming ‘familiar’ it is used in bumping shall be defined as their responsibility to bring them to the continuous length immediate attention of time in the bargaining unit in the rank of Sergeant or abovetheir supervisor. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when 22.01 When it becomes is necessary to reduce the number working force, the following seniority provisions are effective. (a) In the event of a major machine breakdown, power failure, water failure, fire or flood, then the Company may layoff the employees affected without regard to seniority and will be permitted up to three (3) working days to determine seniority rights and make proper adjustment of staff, PROVIDED that no employee may be laid off out of seniority for more than six (6) working days in one calendar year. In the case of other similar circumstances, beyond the control of the Company, the action to be taken shall be determined by mutual agreement of the parties. (b) Probationary employees in the work force within this Division, as determined by the Employer, employees shall Job Classifications affected will be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowfirst. Section 3. (c) Employees who have been laid off and who, within five (5) days after notice by certified mail to with seniority in the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall Job Classifications affected will be removed from the classification in inverse order of seniority listand may exercise bumping rights with the provisos: (i) He may accept layoff rather than exercise his/her bumping rights, or (ii) He may elect to displace the employee holding least seniority at the next succeeding downward wage level on his/her own Flow Chart or on another Flow Chart from which he/she had moved, or on another Flow Line of his/her Flow Chart from which he/she had moved. Thereafter, his/her bumping rights will be confined to the Flow lines and the Flow Chart which he/she had selected. Section 4(iii) an employee who is bumped from Wage Group 3 on Flow Chart 11 or 15 may bump into the Group 3 Clearance Pool. Seniority as it is used to determine layoff and recall In the application of this Clause, the parties recognize that the above will be the normal procedure but that there may be exceptions wherein an employee declares that he/she cannot perform the job at the next succeeding downward wage level during the prescribed time limits in which case he/she shall be based upon continuous time permitted to displace the junior employee on the next succeeding downward wage level on the flow lines of his/her Flow Chart. (d) In no event shall an employee bump another employee who is employed in rank within a higher paid Job Classification. (except for Letter of Intent #34) 22.02 Notwithstanding other provisions of this Agreement, if a flow chart contains a classification in Group 3 or lower, then an employee may bump into the bargaining unitClearance Pool and thereafter his/her bumping rights are restricted to the Clearance Pools. 22.03 An employee who exercises his/her bumping rights shall be permitted ten (10) working days to prove his/her ability to do the work of the displaced employee in a satisfactory manner. If this criteria results in a tieunable to do so he/she shall have the right to bump into the Clearance Pool. 22.04 In the event that two or more employees possess the same seniority date, seniority for this purpose the employee holding the lowest clock number shall be defined as continuous time deemed to possess highest seniority, unless otherwise provided for in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's OfficeCollective Agreement. Section 522.05 The Company will submit to the Plant Chair a list of employees to be laid off one (1) week prior to the layoff becoming effective. Grant funded positions shall be Similarly, the employees subject to the same Layoff and Recall as regular County positions, unless layoff will be given one (1) week's notice. A copy of any notice given to an employee by the grant requires different treatment, as stated Company in Article 30, Loss of Seniority, Sections 7 and 8compliance with the Employment Standards Act shall be sent to the Plant Chair. Section 6. 22.06 An employee subject to while retained on the Seniority List during layoff, accumulates seniority during such a period. (a) Subject to Clause 22.01(c), a surplus employee who so requestshas recall rights will be recalled to any former job classification to which he/she had vested rights except those in which he/she refused or failed. (b) A laid off employee having exercised his/her rights under Clause 22.01(c), mayshall be recalled consistent with his/her seniority to any job he/she had vested rights to. (c) Employees when notified of layoff as per Clause 22.05, in lieu will indicate on a form supplied by the Company those jobs he/she wishes recall to, and will receive a copy of said form. 22.08 However, an employee who has elected layoff cannot claim recall to any job classification on his/her flow chart which is below that from which he/she elected layoff, bump or be recalled to a job in the same or a lower rank within the bargaining unit, provided, however, which he/she had failed. 22.09 A claim by an employee that he/she has greater seniority than been improperly declared surplus or laid off, shall be treated as a grievance if a written statement of such grievance is lodged with the Manager, Industrial Relations, within fifteen (15) working days after the employee whom he/she is to replacehas been declared surplus or notified of layoff. The procedure for bumping in the In such case Step No. 2 shall be invoked within three (3) working days following receipt of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a positiongrievance. B. If 22.10 The Plant Chair shall be given an opportunity to be present when the laid off employee has insufficient seniority to bump is notified of a surplus in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumpedinvolved. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean 11.01 Where possible, the separation Employer will give seventy-two (72) hours' notice of an employee from the active work force. Recall shall mean the return of an employee layoff to the active work forceaffected employee(s) and the Union. Section 2. If and when 11.02 Whenever it becomes necessary to reduce the number of workforce by layoff, the following procedure will apply: (a) Probationary employees in the work force within this Division, as determined by the Employer, any affected classification will have their employment ended. (b) Seniority rated employees shall will be laid off as set out below: Part-time Employees In the event one or more part time employees are identified for a layoff of in excess of fourteen (14) days, the following procedure will apply: a) The classification which is required to be reduced will be identified. b) The part time employee(s) with the lowest Seniority Date in the classification will use his or her Seniority Date to return to his or her previous position, if one exists and seniority permitting. c) If there was no previous position, the junior part time employee in the classification affected will use his or her Seniority Date, if he or she has the skill and ability to perform the job and is willing, to bump the most junior part time employee in an equal or lower classification in the department, seniority permitting, or may accept layoff. d) The most junior part time employee in the department by Seniority Date will, if he or she has the skill and ability to perform the job and is willing, bump the most junior part time employee in an equal or lower classification Slots wide, seniority permitting, or may accept layoff. e) The most junior part time employee Slots wide will be laid off. Notice to one employee will be notice to all and the junior employee(s) laid off will be provided with a Record of Employment and will await recall. Full-time Employees In the event one or more full time employees are identified for a layoff of in excess of fourteen (14) days, the following procedure will apply: a) The classification which is required to be reduced will be identified. b) The full time employee with the lowest Seniority Date in the classification affected will use his or her Seniority Date to return to his or her previous position. Laid off employees , if one exists and seniority permitting. c) If there was no previous position, the junior full time employee in the classification affected will, if he or she has the skill and ability to perform the job and is willing, bump the most junior full time employee in an equal or lower classification in the department, seniority permitting, or may then exercise accept layoff. d) If the contractual bumping most junior full time employee in the department is affected, he or she will, if he or she has the skill and ability to satisfactorily perform the job and is willing, bump the most junior full time employee in an equal or lower classification Slots wide, seniority permitting, or may accept layoff. e) If the most junior full time employee in the Slots is bumped, he or she will, if he or she has the skill and ability to satisfactorily perform the job and is willing, bump the most junior part time employee in his or her classification, seniority permitting, or may accept layoff. f) Any most junior part time employee impacted by (d) above, will have the rights in Section 6 belowthe part time provisions above. Section 3. Employees g) Notice to one employee will be notice to all and the junior employee(s) laid off will be provided with a Record of Employment and will await recall. h) All impacted employees (who have been displaced but not actually laid off and who, within five (5off) days after notice by certified mail will be granted a one time right to use his or her seniority to return to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionstatus that they were displaced from when there is next availability.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff When a reduction in force becomes necessary, the Employer shall mean determine the separation of an employee from the active work force. Recall shall mean the return of an employee classification to the active work force. Section 2. If and when it becomes necessary to reduce be reduced, the number of employees in those classifications to be laid off, and the locations of the jobs to be reduced. In the application of seniority, as provided for in this Agreement, it is understood that an employee shall exercise his seniority at this location, and that any employee affected whose seniority no longer protects him at his location shall then exercise his seniority as it applies across all locations within the recognized Bargaining Unit. a. Probationary and temporary employees in the classification affected shall be the first ones to be laid off. b. The least senior employee in the classifications affected shall be the next ones to be laid off. (1) An employee when laid off may exercise his seniority in another classification in the same or lower salary grade, provided he has the current ability to perform satisfactorily the work force within this Divisionthat is available. However, as determined an employee may exercise his seniority in another classification in a higher salary grade provided the employee has either previously performed satisfactorily in that higher classification for a period of thirty (30) working days or has received training that would qualify him to perform in that higher classification, whichever is deemed appropriate by the Employer. (2) When an employee exercises his seniority in another classification, employees he shall replace the least senior employee in that classification whose work he has the current ability to perform satisfactorily. Any employee thus replaced may utilize his seniority to replace another employee in the same fashion. (3) An employee who exercises his seniority by replacing an employee in another classification shall not have classification seniority in that classification, but shall be entitled to hold the new position by virtue of his total seniority. He shall be required to return to his original classification when work becomes available in that classification. (4) An employee who declines to exercise his seniority in another classification shall have recall rights only in his original classification. (5) An employee when laid off must first exercise his seniority by replacing temporary or part-time employees, provided he has the current ability to perform satisfactorily the work that is available. 2. At least fifteen (15) working days prior to a layoff, the matter shall be discussed between the Manager of Labor Relations and the Union’s Bargaining Committee. Any employee scheduled to be laid off shall be notified in writing by positionthe Director of Human Resources or designee at least ten (10) working days in advance of the layoff. Laid off employees may then An employee’s accrued vacation time shall not be used in lieu of this notice. An employee must exercise the contractual bumping his seniority rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) working days after from the date of layoff notice by certified mail notifying the Director of Human Resources in writing of same. 3. The President and Vice President of the Union and the Union’s Bargaining Committee shall have top seniority College-wide for layoff and recall purposes only, provided the individuals concerned have the current ability to perform satisfactorily the last known addresswork that is available. Union Stewards shall have top seniority in the jurisdictional districts they represent, fail provided they have the current ability to respond as directedperform satisfactorily the work that is available. Upon the expiration of their terms of office, or who decline recall, the above Union officials shall be presumed revert to have resigned and their names shall be removed from respective original positions on the seniority list. Section 4. Seniority as it When employees are recalled, they shall be recalled in reverse order of their placement on layoff. They shall also have the right to accept a recall to a classification in an equal or lower pay grade, consistent with their seniority and their current ability to perform satisfactorily the work that is used to determine layoff and available. However, an employee may exercise his seniority in another classification in a higher salary grade provided the employee has previously performed satisfactorily in that higher classification for a period of thirty (30) working days. a. Notice of recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject sent to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rankat his last address of record by registered or certified mail, he/she return receipt requested. b. No new appointment shall then bump the person in the next lower rank within the unit for which he/she be made while there is an available employee laid off who is qualified to fill the vacancy unless the employee fails to advise the Employer of his acceptance of employment within five (5) working days after the receipt of the notification from the Employer of the available position and has sufficient fails to report to work within twelve (12) working days after said receipt. The employee may waive in writing recall to a classification without loss of seniority to bump. If more than one employee if he is working elsewhere and such recall is estimated by the Employer to be bumped meets this criteria, the least senior employee will be bumpedfor less than thirty (30) working days. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Master Agreement

Layoff and Recall. Section 1. Layoff ‌ In the event of a layoff, the following shall mean apply to continuous employees; (a) Where the separation of an employee from employee's position is relocated, they shall be offered the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes necessary to reduce the number of employees position in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6new location. An employee subject may decline an offer pursuant to layoffthis article. (b) The Employer shall notify employees affected by Clause 13.1 (Notice to Union) 30 days prior to the effective date, along with an up-to-date service seniority list. If layoff is due to non-renewal of the contract to operate the FMEP, the notice period shall be six months. (c) Where a position has been identified by the Employer to be redundant, the employee shall be placed in a regular vacancy of the same or comparable position in the same geographic location provided they possess the knowledge, skills and abilities to perform the job or could reasonably be expected to acquire such after a period of up to one month retraining/orientation. (d) If no appropriate vacancy is available, the following shall apply in sequential order: (1) The employee shall be given the following options: (i) Displace least senior employee in another position that does not constitute a promotion in the same work unit provided they possess the knowledge, skills and abilities to qualify for the job and demonstrates their ability to adequately perform the job in a one month orientation and training placement in that position, or (ii) be placed on the recall list for a period of 12 months, or (iii) receive severance as per Clause 14.1 (Entitlement). (i) An employee who so requests, may, in lieu of layoff, bump was previously an incumbent in the same or lower classification position shall have the option of displacing a lower rank less senior employee in that classification in the same work unit and geographic location provided they possess the knowledge, skills and abilities to perform the job after a period of familiarization up to one month of retraining/orientation. (ii) For clarification purposes, an Enforcement Assistant shall be eligible to displace an Enquiry Representative of less service seniority providing they moved from an Enquiry Representative position to an Enforcement Assistant position prior to the Enquiry Representative position reclassification in June 2000. (3) Employee(s) must notify the Employer within the bargaining unit10 working days of their choice in Clause 13.2(d)(1). (e) Failing placement under (c) or (d) above, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as followswho occupies a redundant position shall: A. The laid off employee shall bump the person (1) receive layoff notice in his/her rank in a position that he/she is qualified for who has the least seniority in a position.accordance with Clause 13.3 (Layoff Notice); B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking where another employee is displaced as a new testresult of Clause 13.2(d) above, they shall receive layoff notice in accordance with Clause 13.3 (Layoff Notice). Section 7. If an employee, covered by this agreement, shall be ineligible (f) With respect to bump within the Sheriff's Office all sections of Article 13 (Layoff and is subject to layoffRecall), the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided Employer shall determine if the employee is qualified for performing adequately based upon the vacant position employee's knowledge, skills, and applies for such positionability. A person let go because they cannot perform in a new job shall be deemed to have been rejected on probation and deemed to have been laid off.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean (a) In the separation event of an employee from a reduction in the active work force, the following procedure shall be followed: i) All probationary, student, student mentorship, part time and agency employees will be laid off. Recall shall mean In the return case of an employee skilled trades and setup technicians, this will be provided that there are employees retained at work who can meet the normal requirements of the work to the active work forcebe done. Section 2. If and when it becomes necessary to reduce ii) Thereafter, the number of employees in the work force within this Division, as determined by the Employer, employees classification affected shall be laid off by position. Laid off selected for layoff in reverse order of seniority, provided the remaining employees may then exercise can meet the contractual bumping rights in Section 6 below.normal requirements of the work to be done; Section 3. Employees who have been laid off and who, within five (5iii) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject in Group A selected for layoff (or displaced by a more senior employee) may bump the lowest seniority employee in another classification from within Group A provided the employee can meet the normal requirement of the work to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she be done and has greater seniority than the employee whom he/she being displaced. iv) An employee in Group B selected for layoff (or displaced by a more senior employee) may bump the lowest seniority employee in another classification from within Group B provided the employee can meet the normal requirement of the work to be done and has greater seniority than the employee being displaced. v) Where a disagreement exists as to any employees ability to meet the normal requirements of a job will be allowed a five (5) working day trial period (with proper orientation) to demonstrate their ability. vi) In the event of a layoff of one (1) shift or less, the Company will canvass for volunteers to go home by seniority on that shift within the classification prior to laying off by reverse order of seniority. This will be company wide. (b) Where there is to replace. The procedure for bumping an increase in the case work force after a layoff, the reverse of layoffs the above layoff procedure (which means for the purpose of the recall procedures herein set out, the senior employee first) will be followed provided the employee can meet the normal requirements of the work to be done. Employees in a bumped position will be offered vacancies during recall by seniority. (c) Said employee may meet with Committee Member prior to choosing Classification to bump. (d) The Company will give the Union and the employee affected at least twenty four (24) hours notice of any layoff in excess of one shift, except in cases beyond the control of the employer. 15.02 When an employee is bumped to a lower paying classification, their hourly rate of pay will be their current rate of pay or the highest rate of pay in the lower classification, whichever is the lesser. 15.03 For the purposes of this Article, the Classification Groupings and classifications are as follows:: CLASSIFICATION GROUP A • Maintenance Leadhand • Maintenance A • Maintenance B • Painter/Maintenance • Apprentice Maintenance • Tool Maker CLASSIFICATION GROUP B • Production Associates • Break Relief • Quality Technician • Material Handler • Lift Truck Driver • General Labour • Janitor • Warehouse Leadhand • Warehouse Technician • Senior Setup Technician • Setup Technician • Setup Technician Trainee ** Note: Category B includes other sub categories of work A. The laid off 15.04 If an employee shall bump the person in is unable to or elects not to exercise his/her rank rights under this Article, they will be assigned to the Machine Operator classification, displacing the employee in a position that he/she is qualified for who has classification with the least seniority in a positionprovided they have greater seniority. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean 11.01 Where possible, the separation Employer will give seventy-two (72) hours notice of an employee from the active work force. Recall shall mean the return of an employee layoff to the active work forceaffected employees and to the Union. Section 2. If and when (a) Should it becomes become necessary to reduce the number of workforce by layoff, the following will apply: (i) Contract Employees within the classification will have their employment ended. (ii) Probationary employees in within the work force within this Division, as determined by the Employer, employees shall classification will be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 belowfirst. Section 3(iii) The Employer will determine the number of full-time and/or part-time positions to be reduced. Employees who Layoffs of full-time and part-time employees will begin with the most junior employee in the status based on Site Service where the remaining employees have been the requisite skill, knowledge, qualifications and ability to perform the job. (iv) Seniority rated employees will be laid off as set out below (b) Part-time Employees In the event one or more part-time employees are identified for a layoff of in excess of fourteen (14) days, the following procedure will apply: (i) The classification which is required to be reduced will be identified. (ii) The junior part-time employee in the classification affected will use his or her Site Service Date to bump the most junior part-time employee in a lower or equally paid classification in the Department, if he or she has the skill and who, within five (5) days after notice by certified mail ability to perform the last known address, fail to respond as directedjob with a brief familiarization and is willing, or who decline recall, shall may accept layoff. Such part-time employee will be presumed to have resigned and their names shall be removed from placed on the part- time seniority listlist based upon his or her existing Seniority Date. Section 4. Seniority as it is used (iii) The most junior part-time employee in the Department will use his or her Site Service Date to determine layoff and recall shall be based upon continuous bump the most junior part-time in rank within the bargaining unit. If this criteria results employee in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same lower or a lower rank equally paid classification within the bargaining unit, provided, however, that he/if he or she has greater seniority than the employee whom he/she skill and ability to perform the job with a brief familiarization and is to replacewilling, or may accept layoff. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior Such part-time employee will be bumpedplaced on the part-time seniority list based upon his or her existing Seniority Date. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank (iv) The most junior part-time employee within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in will be laid off. Notice to one employee will be notice to all and the rank junior employee(s) laid off will be provided with a Record of Sergeant or aboveEmployment and will await recall. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff The University recognizes that attrition, and not layoffs, is its preferred means for responding to reduced work requirements. Nonetheless, there may be particular situations in which the University determines that a layoff is warranted. When those situations arise, the University shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work forceimplement its decision in accordance with this Article. Section 2. If and when it becomes necessary In the event of a layoff, the University shall determine the position to reduce the number of employees in the work force within this Division, as determined by the Employer, employees shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 beloweliminated. Section 3. Employees who have been laid off and whoSubject to Section 7, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, layoffs shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is made as follows: A. The (a) the employee in the affected position shall be laid off; (b) in the event the layoff is to be of more than two weeks duration, the employee in the affected position may displace the least senior employee, based upon University seniority, of the same status (i.e. full- time or part-time), whose job, if any, in the judgment of the University the more senior employee is qualified to perform with minimal or no training. In that event the less senior employee shall be laid off. If the more senior employee is unwilling to accept that job, the more senior employee shall forfeit any right to bump and shall be the employee laid off. (1) When more than one employee is selected for layoff under Article 54, Section 3(a), the bumping procedure contained in the contract shall be applied to those employees in order of University seniority beginning with the most senior employee. (2) Under Article 54, Section 3(b), that laid off employee shall may bump into the position held by the bargaining unit employee with the least University seniority, provided the laid off employee is qualified to perform that position with minimal or no training. (3) Only if the laid off employee is not qualified for that position with minimal or no training, he or she may bump the person in his/her rank in a position next least senior employee on that he/list provided he or she is qualified for who has the least seniority in a position. B. If that position with minimal or no training. This process will continue until the laid off employee has insufficient seniority is qualified (with minimal or no training) to bump in his/her rankan employee with less University seniority, he/or she shall then or he elects not to proceed further with the process. Whenever that laid off employee has the opportunity to bump under this Article and is unwilling to do so (or unwilling to proceed further with the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, howeverprocess), that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit employee shall forfeit any right to bump and shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulationslaid off employee. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff 18.1 A layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If and when it becomes be defined as a necessary to reduce the number of employees reduction in the work force within this Division, as determined by the Employer, Board. 18.2 No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee has been notified in writing at least fifteen (15) working days prior to the effective date of layoff. Such notice will not apply when layoff is necessitated by work stoppages or Acts of God. 18.3 The reduction procedure shall be individually applied within each classification as follows: A. Probationary employees shall be laid off by position. Laid off first, provided there are more seniored employees may then exercise who possess the contractual bumping rights in Section 6 belowqualifications to perform the job. Section B. In the event seniored employees must be laid off, layoff shall be determined by the following order: 1. The least seniored within the classification being reduced, provided there are more senior employees remaining within the classification who possess the qualifications to perform the duties of the position(s) available. 2. In the event an employee is reduced from a position and no position is available to the employee within the classifications in which the reduced employee has acquired seniority,the reduced employee shall have the opportunity to make application to any posted vacancies within the unit. Should the employee be given one of the posted positions, he/she shall retain the right to his/her job classification should a position become available forwhich he/she is qualified. 3. An employee reduced from a position in his/her present classification shall be retained athis/her request in a position in another classification in which he/she has previouslyaccumulated seniority, provided there is a less seniored employee in that classification and the reduced employee possesses the qualifications to perform the job. 18.4 Employees on layoff who have been laid off and whoare qualified shall be considered before the hiring of new employees outside the district for a vacant position in another unit classification. 18.5 When there is a vacancy, employees shall be recalled in order of greatest seniority within five the classification from which they were reduced, provided the employee possesses the qualifications to perform the duties of the position to which he/she is being recalled to. In the event a tie exists, theemployee with the greatest total years of service in the district shall be recalled first. In the event atie exists, it shall be broken by the last four (54) days after notice digits of the employee's Social Security number, w i t h the employee with the highest number having the most seniority. 18.6 Notices of recall shall be sent by certified or registered mail to the last known address, fail to respond address as directed, or who decline recall, shown on the Board's records (which shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4conclusive in any disputes). Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off A recalled employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank notifythe Board within two (2) years without taking days after the letter is registered as arriving as to the employee's acceptance or rejection and must report to work within three (3) days after such notification, exceptions may be made by the Superintendent. The Board may fill the position on a new testtemporarybasis until the recalled employee is to report back for work. Section 718.7 An employee offered his/her former position who declines recall shall forfeit his/her seniority rights. 18.8 Employees shall remain on the recall list for a period of one (1) year or the length of his/her seniority, whichever is greater, but not to exceed two (2) years. 18.9 Probationary employees have no recall rights. 18.10 Employees who have their hours reduced by one (1) hour or more shall have the right to bump the least senior employee within his/her classification occupying a position that the senior employee can properly perform and who is scheduled as many hours per week/annually. If an employeethe employee being reduced has no one to bump, covered then the least senior employee with the nearest number of hours in his/her classification may be bumped. Itis understood by the parties that this agreementlanguage does not createadomino effect. Only one(1) bump will occur. The bumped employee may takethe position of the employee whose hours are reduced if that employee can properly perform the work. 18.11 The district may increase a position by up to (30) minutes per day without the need to post the position as a newly created position provided the increase does not allow the position to receive additional benefits. 18.12 Any school year bargaining unit employee who collects unemployment compensation during the summer months (MESC's "summer denial period") and who is recalled before the start of his/her normal work year to a position with the same or more hours of work, shall be ineligible obligated to bump within reimburse the Sheriff's Office and District the amount of unemployment compensation collected during the summer months. The District is subject authorized to layoff, obtain repayment through a payroll deduction of the employer will, so long as appropriate amount inequal payments over the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such positionentire year.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff shall mean 10:01 The parties recognize the separation existence of an employee from the active work force. Recall shall mean the return of an employee to the active work forcejob classifications as set forth in Schedule “A” hereto. Section 10:02 The following procedure will apply in the event of layoff, reduction of hours or recall of employees. 10:03 In the event of a proposed layoff of a permanent or long-term nature, the Employer will provide the Union with at least two (2) weeks’ notice. If This notice is not in addition to required notice for individual employees. The Employer will meet with the Union and when it becomes necessary inform the Union of the Employer’s intention, including the identification of the affected employee(s) and the reasons for the layoff. At this meeting without prejudice, the parties may agree to reduce possible alternative arrangements that may lessen the number impact of layoff. 10:04 The classification in which the layoff is to occur will be identified. 10:05 In the event of layoff, the Employer shall lay off employees in the work force reverse order of their seniority within this Division, as determined by the Employer, employees their classification. 10:06 Seniority shall be laid off by position. Laid off employees may then exercise calculated on the contractual bumping rights in Section 6 belowdate of the proposed layoff. Section 3. Employees 10:07 In order of seniority, an employee who is subject to layoff shall have been laid off and who, within five the right to either: (5i) days after notice by certified mail to accept the last known address, fail to respond as directed, or who decline layoff with twenty-four (24) months of recall, shall be presumed to have resigned and their names shall be removed from the seniority list.; or Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time (ii) displace another employee in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined unit as continuous time in the Sheriff's Office.follows: Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the (a) She has more bargaining unit, provided, however, that he/she has greater unit seniority than the employee whom he/she seeks to replace; (b) She has the ability and qualifications to perform the job of the employee who seeks to replace, without training other than orientation; and (c) She will accept the hours and/or shift of the position she is to replacedisplacing into. The decision of the employee to choose (i) or (ii) above shall be given in writing to the General Manager within one (1) calendar week following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. 10:08 The procedure for bumping set out in the case of layoffs Article 10:07 will continue until an employee whose job is as follows: A. The assumed cannot assume another job and is laid off off. Such employee shall bump receive the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees applicable notice or pay in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service notice in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulationsaccordance with Article 10:09. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee The union will be notified prior to the active work forcecommencement of a layoff process. The District will notify the Union President and provide a list of impacted employees, the current position held, years of VCS service and the areas of certification. Section 2. If Layoff and when it becomes necessary recall shall be governed by certification, evaluation, and seniority, in that order in accordance with the procedure set out in this article. 3. When the Superintendent determines that a layoff will occur, the administration shall determine the grade levels/subject areas to reduce be effected. The administration shall then identify the number of employees teacher(s) teaching in the work force effected grade levels/subject area who has the lowest evaluation rating, who will then be subject to the layoff. If more than one (1) teacher has the same evaluation rating, then the least senior of those teachers shall be subject to the layoff. Once the teachers to be subject to the layoff have been identified, the Superintendent shall then make any involuntary transfers necessary as a result of the layoff in accordance with Article 15. 4. Where a teacher is laid off who has an effective or better evaluation, the District will offer to place the teacher in a position in the district, provided the teacher has at least a bachelor’s degree and has professional certification in at least one subject area. If the teacher declines the placement that is offered or fails to respond within this Division, as determined the time frame provided by the Employerpersonnel department, employees but not less than three days, then he or she shall be laid off off. If the teacher is placed in a position for which he or she would be out of field, then the teacher must either: a. If the position is one for which certification can be obtained through the passage of an exam, then the teacher must pass the exam by positionthe June 30th following the one-year anniversary of the notification; or b. If the position is not one for which certification can be obtained through passage of an exam, then the teacher must complete the requirements and obtain certification appropriate for the position within two (2) years; or c. Complete a minimum of six (6) semester credits per year for certifications that require more than two (2) years to complete the requirements for certification. Laid off employees may If the teacher has a less than effective evaluation, does not have a bachelor’s degree and professional certification in at least one subject area, or the teacher fails to comply with the above stated requirements, then exercise the contractual bumping rights in Section 6 belowhe or she shall be laid off. Section 35. Employees who have been laid off and whowho had satisfactory of better evaluations will be recalled on the basis of seniority to positions for which they are certified, within five (5) days after notice by certified mail unless the position requires documented skills and qualifications that benefit the overall operation of the school, but which the teacher does not have, with the employee with the most seniority on layoff being called back first using the criteria listed above. 6. A non-tenured teacher who has been laid off shall only have recall rights through the end of the school year in which he or she was laid off. A tenured teacher on layoff shall remain on the recall list so long as he expresses a desire to do so to the last known addressBoard, fail to respond as directedin writing, or who decline recallat least once per school year, shall be presumed to have resigned and their names shall be in accordance with procedures established by the Superintendent, unless removed from the seniority listlist in accordance with the terms of this article. It is the employee’s obligation to notify the School Board of any change of address. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1‌ 14.01 The Bargaining Unit includes 2 departments Child Protection and Clerical/Support. Layoff shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If Lay‐ offs and when it becomes necessary to reduce the number of employees in the work force within this Division, as determined by the Employer, employees recalls shall be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off department‐wide and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tiefollowing factors: (a) seniority, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tieand (b) skill, seniority for this purpose shall be defined as continuous time in the Sheriff's Officecompetence and efficiency. Section 5. Grant funded positions shall be subject 14.02 The Society agrees it will discuss with employees and inform the Union prior to the same Layoff implementation of a lay‐off and Recall that it will use every reasonable effort to assist employees affected by a lay‐off to find alternate employment. Both the employee and the Union will receive notice from the Society as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8required by law. Section 6(a) The Society shall advise the Union of those employees displaced due to a declared redundancy. An Such employee subject to layoffmay displace: (i) the most junior employee in his/her classification; or if this is not possible; (ii) the most junior employee in his/her department, who so requestsregardless of classification, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is can displace subject to replaceArticle 14. 01. The procedure for bumping An employee displaced by a senior employee will in turn be entitled to displacement rights consistent with this provision. (b) In applying Article 14.03 to the case of layoffs is as followsChild Protection Department, the following are deemed to be classifications: A. The (i) Child Workers and Protection Support Workers. This classification includes all employees paid under Schedule B as Child Protection Workers II, III, and IV, which are deemed to be one classification; (ii) Social Work Assistants. This classification includes all employees paid under Schedule B as Salary Band #7. (c) In applying Article 14.03 to the Clerical/Support Department, the department is considered to consist of those separate classifications listed in Schedule A ‐ Job Classifications ‐ Clerical. (d) No new employee will be hired until any person laid off employee shall bump from the person classification in his/her rank in a position which the employment opportunity arises has been given an opportunity for reemployment, provided that he/she is qualified for who has the least seniority in a position. B. If the laid off employee person has insufficient the qualifications necessary to perform the available work and is eligible for recall by virtue of their seniority to bump in his/her rankstatus. 14.04 During the life of this Agreement, he/she shall then bump the person Society will guarantee employment security, with no reduction in the next lower rank regular hours of work as defined in the Collective Agreement, for all permanent employees who have a seniority date of at least January 1, 1998, and will endeavour to provide employment security for all other employees, within the unit for which he/she is qualified and has sufficient seniority to bumpbounds of the Society's resources. If more than one employee to be bumped meets this criteriaNotwithstanding the above, the least senior employee will be bumpedSociety retains the right to transfer employees as provided by the Collective Agreement and to determine when positions are vacant or redundant. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.14.05 Job Security

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. Section 1. Layoff shall mean A. In the separation event of a reduction of the working force by reason of lack of funds, lack of work, or an employee from the active work force. Recall shall mean the return of an employee to the active work force. Section 2. If emergency situation and when it becomes necessary to reduce the number of employees employees, the following procedures shall govern such layoff and/or subsequent reinstatement. B. The number of people affected by a reduction in the work force within this Divisionshall be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position. C. When it becomes necessary to layoff employees by reason as determined by the Employerstated above, affected employees shall be laid off according to seniority within the classification affected by positionthe layoff, with the least senior employee laid off first. Laid Seniority for layoff shall be defined as the uninterrupted length of continuous service with the Brown County Sheriff’s Office computed from the latest date of hire or appointment within a given classification. Authorized leaves of absence do not constitute an interruption in continuous service. In the case of identical seniority, the Sheriff and the Labor Council shall meet to determine a fair and equitable means of deciding which employee shall be laid off first, such as the date the employee submitted his or her initial application for employment. Classifications for the purpose of this Article shall be as follows: 1. Certified Supervisors (Staff Lieutenant, Lieutenant, Road Sergeant, Court Service Sergeant); 2. Certified Deputies (Road Corporal, Court Service Corporal, Road Deputy, Detectives, Administrative Deputy, Court Service Deputy); 3. Corrections Supervisors (Corrections Lieutenant, Corrections Sergeant); 4. Correction Officers (Corrections Corporals, Corrections Officers); 5. Medical Staff (RN, LPN, Paramedic); 6. Cooks; and 7. Administrative Clerk Bumping rights shall be by seniority within the classification. Supervisors bumping to their applicable division shall be permitted to utilize total seniority within those two classifications for the purposes of bumping. Non-supervisory employees may then exercise only bump within their individual divisions, subject to the contractual following paragraph, and shall be permitted to utilize classification seniority. Divisions will be Road, Court Security, and Corrections. Medical staff, cooks, and administrative staff shall have no bumping rights in Section 6 below. Section 3rights, unless they qualify under the succeeding paragraph. Employees who have been laid off and whowith previously accumulated seniority (other than Supervisors bumping down in their applicable divisions) in a previously held classification shall be permitted to utilize that previously accumulated office seniority to bump back into the classification last held prior to the classification affected by the layoff. Employees may also use office seniority to bump any other bargaining unit position the Sheriff deems the employee qualified to perform. Employees will receive a response from the Sheriff, in writing, whether or not they are qualified within five (5) days after of their request to bump. Any employee who is displaced shall have five (5) days to request their bump in writing. D. A minimum of twenty-one (21) calendar days prior to the effective date of the layoff, the Sheriff shall prepare and post for inspection in a conspicuous place a list containing the names, and seniority dates and indicate which employees are to be laid off. Each employee to be laid off shall also be given at least twenty-one (21) calendar days prior to the effective date a written notice of layoff. Each notice of layoff shall state the following: 1. reason(s) for the layoff or reduction; 2. the effective date of layoff; and 3. a statement advising the employee of his/her right of reinstatement from the layoff. E. If layoffs occur, the Sheriff shall prepare a reinstatement list and name all employees placed on the reinstatement list in the reverse order of layoff. Reinstatement shall be made from this list before any new employees are hired. F. Vacancies, which occur because of a layoff, shall be offered to or declined in writing by the employees standing highest on the layoff list before the next person on the list may be considered. Any employee who declines reinstatement to their prior classification shall be removed from the reinstatement name list. G. The employee’s name shall remain on the appropriate list for a period of two (2) years from the effective date of layoff. If reinstated from layoff during this period, such employee shall retain all previous accumulated seniority and a notice of reinstatement shall be made by certified mail to the employee’s last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it H. It is used the employee’s responsibility to determine layoff and recall shall be based upon continuous time in rank within maintain a current address with the bargaining unit. If Employer for the purpose of this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's OfficeSection. Section 5I. Employees reassigned as a result of a lay off shall maintain their original classification until such time they are offered an opportunity to return to their original position. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior No new employee will be bumpedhired except as a corrections officer until such time all employees are reinstated to their original positions. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit J. No bargaining unit member shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives have their classification changed without prior formal written notification from the bargaining unitEmployer. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the County, provided the employee is qualified for the vacant position and applies for such position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff and Recall. Section 1. Layoff A. Seniority shall mean the separation of an employee from the active work force. Recall shall mean the return of an employee be determined by a reference to the active work forcelength of continuous employment within the Rocky Hill Board of Education. Section 2B. On October 1 of each year, a complete list of all personnel in the bargaining unit shall be provided to the Union President. If and when The list shall be by seniority from most senior to least senior. C. When in the judgment of the Board of Education, it becomes necessary to reduce eliminate positions in the number bargaining unit, the administration will recommend the specific positions to be eliminated and personnel to be terminated and, subject to concurrence by the Board, the Director of Finance and Operations shall notify each individual so involved in writing. D. Layoff shall be based on reverse order of seniority within three classifications (employees hired to work exclusively in the area of special education (one-on-one) and all other paraprofessionals with overlapping tasks). E. An employee holding a position scheduled for elimination or bumping due to layoff may bump the least senior employee within the classification provided that the bumping employee can satisfactorily perform the duties of the employee being bumped. However, an employee in the special education classification may bump a less senior employee in the "all other" category, but an employee in the "all other" classification may not bump outside his or her class. F. An employee scheduled for layoff shall be given not less than two (2) weeks notice or the equivalent in wages. G. The laid off individual shall be placed on a recall list for a period of one (1) year subject to recall in the inverse order of lay-off (from highest to lowest) and shall have the right to be recalled to the position from which he/she was laid off, if the position should become vacant or be reinstated, or to a position with less hours. The choice of employees in the work force within this Division, as determined by the Employer, employees shall to be laid off by position. Laid off employees may then exercise the contractual bumping rights in Section 6 below. Section 3. Employees who have been laid off and who, within five (5) days after notice by certified mail to the last known address, fail to respond as directed, or who decline recall, shall be presumed to have resigned and their names shall be removed from the seniority list. Section 4. Seniority as it is used to determine layoff and recall rehired shall be based upon continuous time in rank within the bargaining unit. If this criteria results in a tie, seniority for this purpose shall be defined as continuous time in the bargaining unit. If this results in a tie, seniority for this purpose shall be defined as continuous time in the Sheriff's Office. Section 5. Grant funded positions shall be subject to the same Layoff and Recall as regular County positions, unless the grant requires different treatment, as stated in Article 30, Loss of Seniority, Sections 7 and 8. Section 6. An employee subject to layoff, who so requests, may, in lieu of layoff, bump in the same or a lower rank within the bargaining unit, provided, however, that he/she has greater seniority than the employee whom he/she is to replace. The procedure for bumping in the case of layoffs is as follows: A. The laid off employee shall bump the person in his/her rank in a position that he/she is qualified for who has the least seniority in a position. B. If the laid off employee has insufficient seniority to bump in his/her rank, he/she shall then bump the person in the next lower rank within the unit for which he/she is qualified and has sufficient seniority to bump. If more than one employee to be bumped meets this criteria, the least senior employee will be bumped. C. Subject to and contingent upon the Law Enforcement Division's approval, employees in lieu of layoff may bump to a lower rank within the Law Enforcement Division, provided, however, that he/she has greater length of service in the Sheriff's Office than whomever he/she is replacing. Bumping out of the Unit shall be as provided in the Departmental Rules and Regulations or as agreed by the Law Enforcement Division. If no agreement is in effect between the Division and the Law Enforcement Unit, layoff shall be as provided in the Departmental Rules and Regulations. D. Employees may bump only to a position for which he/she is qualified as determined by the Sheriff, after having met with representatives from the bargaining unit. E. Seniority as it is used in bumping shall be defined as the continuous length of time in the bargaining unit in the rank of Sergeant or above. F. If an employee takes a lower ranking position (demotion) in lieu of layoff, he/she can return to his/her prior rank within two (2) years without taking a new test. Section 7. If an employee, covered by this agreement, shall be ineligible to bump within the Sheriff's Office and is subject to layoff, the employer will, so long as the employee maintains seniority under the contract, make reasonable effort to refer such employee, with explanations to another comparable vacant position being filled by the Countyseniority, provided the employee is can, in the judgment of the Superintendent and/or his or her designee, satisfactorily perform the work available. All recall rights under this article are within job classification; however, a laid-off individual in the special education classification shall have the right to recall in the "all other" classification. H. No person shall be newly employed in a classification that includes an individual on the recall list until all persons on the recall list have been notified by certified mail sent to the individual's last known address and such individuals either are offered employment or decline such re-employment offer. It shall be the laid off individual's responsibility to notify the Director of Finance and Operations, of his/her current address. An individual who declines an offer of re-employment shall forfeit recall rights. Failure to respond in writing to a notice of an opening within ten (10) working days after the mailing thereof shall be deemed to be refusal to accept re-employment. Returning individuals must return to work within twenty-one (21) calendar days from the date of the mailing of the notification or when the position becomes available, whichever occurs last. A failure to return to work within this period shall be deemed a refusal to accept employment. I. Subject to any collective bargaining agreement governing the terms and conditions of employment of part-time employees working less than twenty (20) hours per week, the Board will give first consideration to a qualified employee on the recall list for the vacant position and applies for such filling of any temporary or part-time position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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