Common use of Layoff and Reemployment Clause in Contracts

Layoff and Reemployment. Seniority is defined as the length of continuous paid employment and leave with pay status with the City calculated from the date of original hire, including the probationary period, as a full-time employee. Time spent in a leave without pay status shall be excluded. Part-time and temporary part-time employees do not accrue seniority. In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable of performing the work required. Employees who are laid off or who elect to demote or transfer in lieu of a layoff, shall have reemployment rights to future vacancies in the position previously held. The City shall maintain a preferred list with the names of the employees laid off in inverse order of layoff. Future vacancies in those affected positions shall first be filled from the preferred list in inverse order of layoff. Services with the City shall be terminated by: (1) Discharge, retirement, resignation or any termination of employee status; (2) Failure to return to work within seven (7) calendar days when recalled from layoff; (3) Failure to return to work upon expiration of an authorized leave of absence; (4) Leave without pay status for a continuous period of twelve (12) months or more; (5) Layoff status for a continuous period of twelve (12) months or more. When a layoff becomes necessary, the Human Resources Department will provide layoff instructions to the affected departments with a copy to the Association. Before any regular full-time employee is laid off, all other categories of employees in the affected classifications will be separated. An employee subject to layoff will be allowed, in lieu of a layoff, to: (1) Demote to a lower paying classification previously held by the employee; (2) Transfer to the same classification in another department. An employee who has reemployment rights, shall have the same right to compete for promotion that he/she would have had if he/she had not been laid off. An employee who is laid off shall not accrue or be eligible for any benefits, including, but not limited to, vacation, sick leave, holidays, medical, dental, LTD, life insurance, retirement contributions and uniforms. Any employee reemployed after a layoff shall retain all vacation and sick leave accruals that the employee did not receive compensation for at the time of layoff. If the City decides to subcontract work and such work would result in the layoff of a full-time employee, the City will notify the Association within thirty (30) days in advance of such action, and upon written request, will meet and discuss the matter prior to subcontracting the work.

Layoff and Reemployment. Seniority is defined as the length of continuous paid employment and leave with pay status with the City calculated from the date of original hire, including the probationary period, as a full-time employee. Time spent in a leave without pay status shall be excluded. Part-time and temporary part-time employees do not accrue seniority. In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable capable, in the opinion of performing the City, to perform the work required. Employees who are An employee laid off or who elect from City service prior to demote or transfer in lieu being rehired must pass the physical examination administered by a City-appointed physician and must pass the background check administered by the Police Department. The names of employees laid off shall be placed on a layoff, Reemployment Eligible List as hereinafter specified. Layoffs shall have reemployment rights to future vacancies be made in the position previously heldinverse order of Department seniority. When a promotional reduction is made in the Police Department, demotions shall be made in the inverse order of seniority in classification. An employee being demoted shall be placed in the classification he or she last held prior to the classification from which he or she is being demoted. Time spent in the higher classification shall be treated as seniority time in the lower classification to which the employee is demoted for purposes of calculating seniority in that lower classification. The City Reemployment Eligible List shall maintain a preferred list with consist of the names of the employees and former employees having probationary or permanent status who were laid off in inverse that classification. The rank order on such list shall be determined by relative seniority as specified above. Such list shall take precedence over all other eligible lists in making appointments to the classification in which the employee worked. The name of layoffany person laid off shall continue on the appropriate Reemployment Eligible List for a period of three (3) years after it is placed thereon. Future vacancies in those affected positions The names of any eligible employees on a Reemployment Eligible List shall first be filled automatically removed from said list at the preferred list in inverse order expiration of layoffthe appropriate period of eligibility. Services Service with the City shall be terminated by: (1) Dischargeby discharge, retirementresignation, resignation or any termination of employee status; (2) Failure to return to work within seven (7) calendar days when recalled from layoff; (3) Failure to return to work upon expiration of an authorized leave of absence; (4) Leave without pay status for a continuous period of twelve (12) consecutive months or more; (5) Layoff status for a continuous period of twelve (12) months or more. When a layoff becomes necessary, unemployment with the Human Resources Department will provide layoff instructions to the affected departments with a copy to the Association. Before any regular full-time employee is laid off, all other categories of employees in the affected classifications will be separated. An employee subject to layoff will be allowed, in lieu of a layoff, to: (1) Demote to a lower paying classification previously held by the employee; (2) Transfer to the same classification in another department. An employee who has reemployment rights, shall have the same right to compete for promotion that he/she would have had if he/she had not been laid offCity. An employee who is laid off shall not accrue or be eligible for any benefits, including, including but not limited to, to vacation, sick leave, holidays, medical, dental, LTD, life insurance, retirement contributions and uniforms. Any employee reemployed after a layoff shall retain all vacation and sick leave accruals that the employee did not receive compensation for at the time of layoff. If the City decides to subcontract work and such work would result in the layoff of a full-time employee, the City will notify the Association within thirty (30) days in advance of such action, and upon written request, will meet and discuss the matter prior to subcontracting the work.

Layoff and Reemployment. Seniority is defined as the length of continuous paid employment and leave with pay status with the City calculated from the date of original hire18.1 Per Education Code Section 88127, including the probationary period, as a full-time employee. Time spent in a leave without pay status classified employees shall be excludedsubject to layoff for lack of work or lack of funds. Part-time and temporary part-time employees do not accrue seniority. In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable of performing the work required. Employees who are laid off or who elect to demote or transfer in lieu of Whenever a layoff, shall have reemployment rights to future vacancies in the position previously held. The City shall maintain a preferred list with the names of the employees laid off in inverse order of layoff. Future vacancies in those affected positions shall first be filled from the preferred list in inverse order of layoff. Services with the City shall be terminated by: (1) Discharge, retirement, resignation or any termination of employee status; (2) Failure to return to work within seven (7) calendar days when recalled from layoff; (3) Failure to return to work upon expiration of an authorized leave of absence; (4) Leave without pay status for a continuous period of twelve (12) months or more; (5) Layoff status for a continuous period of twelve (12) months or more. When a layoff becomes necessary, the Human Resources Department will provide layoff instructions to the affected departments with a copy to the Association. Before any regular full-time classified employee is laid off, all other categories the order of employees layoff within the classification shall be determined by length of service. The employee who has been employed for the shortest time in the affected classifications will classification, plus higher classifications, shall be separatedlaid off first. An employee subject Reemployment shall be in the reverse order of layoff. For the purposes of this Article, for service commencing or continuing after July 1, 1971, "length of service" means all hours in paid status, whether during the school year, a holiday, recess, or during any period that a school is in session or closed, but does not include any hours compensated solely on an overtime basis as provided for in Education Code Section 88127. Nothing contained in this section shall preclude the governing board of the District from granting of "length of service" credit for time spent on military leave of absence, or unpaid illness leave, or unpaid industrial accident leave. "Hours in paid status" shall not be interpreted to layoff will mean any service performed prior to entering into a probationary or regular status in the classified service of the District. 18.2 Per Education Code Section 88117, persons laid off because of lack of work or lack of funds are eligible for reemployment for a period of thirty-nine (39) months and shall be allowedreemployed in preference to new applicants. In addition, such persons laid off have the right to participate in promotional examinations within the District during the period of thirty-nine (39) months. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of a layoff, to: or to remain in their present positions rather than to be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for reemployment for an additional period up to twenty-four (124) Demote months; provided that the same tests of fitness under which they qualified for appointment to a lower paying classification previously held by the class shall still apply. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the option of the employee;, returned to positions in their former classes or to positions with increased assigned time as vacancies become available, and without limitation of time; but if there is a valid reemployment list they shall be ranked on that list in accordance with their proper seniority. (2) Transfer to the same classification in another department. An employee who has reemployment rights, shall have the same right to compete 18.3 When layoffs for promotion that he/she would have had if he/she had not been laid off. An employee who is laid off shall not accrue financial or be eligible for any benefits, including, but not limited to, vacation, sick leave, holidays, medical, dental, LTD, life insurance, retirement contributions and uniforms. Any employee reemployed after a layoff shall retain all vacation and sick leave accruals that the employee did not receive compensation for at the time of layoff. If the City decides to subcontract work and such work would result in the layoff of a full-time employeeorganizational reasons appear possible, the City District and the Union agree to meet and confer regarding the impact of such layoffs. 18.3.1 The District will notify the Association within thirty Union/NVC-UCP Executive Board when one or more of the following conditions exist that could trigger layoffs. ▪ Lack of funds or lack of work ▪ Reduction or elimination of program(s) ▪ Reorganization of college ▪ Emergency situation (30) days in advance of such actionflood, earthquake, fire, etc.) 18.3.2 The District and upon written request, Union will meet and discuss issues, options, and scope of problem. The District and Union will decide if there is a need to continue with the matter prior process. They will: ▪ Review alternatives to subcontracting the worklayoffs ▪ Identify classifications/people involved ▪ Identify retraining options ▪ Review seniority list ▪ Project retirements, vacancies, transfers, etc. ▪ Consider equity amongst employee groups ▪ Assess impact of problem ▪ Identify alternatives/options 18.3.3 The District and Union will meet and confer following notification of layoffs.

Layoff and Reemployment. Seniority is defined The Company will notify Employee of any contemplated layoff due to lack of funds or lack of work. The only reason for layoff or a reduction of assigned hours shall be lack of funds or lack of work. Any layoff shall take place upon sixty (60) calendar days written notice to the subject employee. Any notice of layoff shall specify: (i) the reason for layoff, (ii) the identity by name and classification of the employee designated for layoff, and (iii) information on the employee’s displacement rights, if any, as the length of continuous paid employment and leave with pay status with the City calculated from well as their reemployment rights. Layoff or a reduction in assigned hours will be based on seniority, which shall be determined by the date of original hire, including the probationary period, as a full-time employee. Time spent in a leave without pay status shall be excluded. Part-time hire and temporary part-time employees do not accrue seniority. In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee date of service within a classification. Those laid off shall would be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable of performing the work required. Employees who are laid off or who elect to demote or transfer in lieu of a layoff, shall have eligible for reemployment rights to future vacancies in the position previously held. The City shall maintain a preferred list with the names of the employees laid off in inverse order of layoff. Future vacancies in those affected positions shall first be filled from the preferred list in inverse order of layoff. Services with the City shall be terminated by: (1) Discharge, retirement, resignation or any termination of employee status; (2) Failure to return to work within seven (7) calendar days when recalled from layoff; (3) Failure to return to work upon expiration of an authorized leave of absence; (4) Leave without pay status for a continuous period of twelve thirty-nine (1239) months or more; (5) Layoff status for a continuous period of twelve (12) months or moremonths. When a layoff becomes necessarylaid off employee exercises their right to enter a classification or position which the employee currently or previously has served, the Human Resources Department least senior employee within a classification will provide layoff instructions to be relocated regardless of the affected departments number of hours associated with that position. Laid off employees are eligible for reemployment for a copy to the Association. Before any regular fullthirty-time employee is laid off, all other categories of employees nine (39) month period and shall be reemployed in the order of their layoff. Their reemployment shall take precedence over other employment in the classifications affected classifications will be separated. An employee subject to layoff will be allowed, in lieu of a layoff, to: (1) Demote to a lower paying classification previously held by the employee; (2) Transfer to the same classification in another department. An employee who has reemployment rights, shall have the same right to compete for promotion that he/she would have had if he/she had not been laid offlayoffs. An employee who is laid off shall not accrue or be and is subsequently eligible for any benefits, including, but not limited to, vacation, sick leave, holidays, medical, dental, LTD, life insurance, retirement contributions and uniformsreemployment as provided for herein may be so notified in writing by the Company. Any The employee reemployed after a layoff shall retain all vacation and sick leave accruals that notify the Company in writing of their intent to accept or refuse employment within ten (10) working days following receipt of Company’s reemployment notice being delivered to the employee. Failure by the employee did not receive compensation to tender the written notice to the Company within ten (10) days as provided for herein shall be deemed a refusal of employment by said employee. The laid- off employee may decline two (2) offers of employment before relinquishing their position on the list. If an employee on a reemployment list refuses the second offer of employment, no additional offers will be made, and the employee shall be considered unavailable for work and have waived all consideration for reemployment. Subject to insurance carrier approval, fringe benefit coverage, if at the time provided, shall continue for those who have qualified for such coverage until the end of layoff. If Company’s next billing period with the City decides to subcontract work and such work would result in relevant insurance companies, provided said employee does not accept gainful employment elsewhere during the layoff of a full-time employee, the City will notify the Association within thirty (30) days in advance of such actionday period. The Company and the Employee each voluntarily and unqualifiedly waives the right, and upon written requesteach agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter related to reduction in force actions and effects related thereto, will meet and discuss even though such subject or matter may not have been within the matter prior knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. The Company agrees in instances where technology causes the elimination or reduction of positions to subcontracting address alternatives to layoff. Alternatives may include, but not be limited to retraining or transfer to other positions in which the workimpacted employee meets the minimum qualifications.

Layoff and Reemployment. Seniority is defined as The City may abolish any position or employment, and the length employee may be laid off without taking disciplinary action and without the right of continuous paid employment and leave with pay status appeal. The City agrees to meet with the City calculated from Union 30 days prior to the date issuance of original hire, including any layoff notice for the probationary period, as a full-time employeepurpose of conferring over the impact and implementation of said layoff and to discuss alternatives and options. Time spent in a leave without pay status shall be excluded. Part-time and temporary part-time employees do not accrue seniority. In reduction of forcesHowever, the last employee hired City Manager shall retain the final decision with respect to the classification and numbers of employees to be the first employee laid off. Whenever it becomes necessary to reduce the number of employees in any classification, and in rehiring, the last employee all persons to be laid off shall be given at least 10 calendar days prior notice, and the first employee rehired until the list order of former employees is exhausted; provided that layoff shall be as follows: A. In order of seniority, the employee retained with the shortest service in total City service in the affected classification shall be laid off first. B. In the event of two or rehired more employees having identical total City service seniority, the order of layoff will be determined by length of continuous service in the affected classification. C. Whenever two or more employees have identical service in the affected classification, the order of layoff shall be determined by the City Manager on the basis of performance. D. Employees to be laid off in a particular classification have the right to demote to a lower classification to a position previously held with the City for which the employee meets the minimum qualifications, is capable of performing the work requiredessential functions of the position and has City seniority over other employees in the lower classification. This will also apply to employees to be laid off in a particular classification who have demoted from a higher classification due to non-disciplinary reasons. Such employees shall be placed on the seniority list for the higher classification provided they still meet the minimum qualifications, are capable of performing the essential functions of the position and have City seniority over other employees in the higher classification. E. The name of each laid-off employee shall be placed on a reemployment list for a period of 12 months in reverse order of layoff. Employees who are laid off who have received two out of three consecutive annual performance evaluations that are rated below standards or who elect to demote or transfer in lieu of a layoff, shall have reemployment rights to future vacancies in needs improvement will be placed at the position previously held. The City shall maintain a preferred list with the names bottom of the employees laid off reemployment list in inverse reverse order of layoff. F. For the purpose of this section, this additional condition will apply. Future vacancies in those affected positions shall first be filled from Those employees who held the preferred list in inverse order title of layoff. Services with the City Construction Maintenance Worker I, II, or Lead Construction Maintenance Worker before July 1, 2001, shall be terminated by: (1entitled to utilize the bumping rights in this section for the following classifications: Water Utilities Worker I, II, and Water Utilities Crew Leader; and Wastewater Utilities Worker I, II, and Wastewater Utilities Crew Leader. In order to qualify to utilize these bumping rights, an eligible employee must possess the appropriate certification(s) Dischargerequired for the classification, retirement, resignation or any termination be able to demonstrate a satisfactory skill level for the classification and be able to perform the essential functions of employee status; (2) Failure to return to work within seven (7) calendar days when recalled from layoff; (3) Failure to return to work upon expiration of an authorized leave of absence; (4) Leave without pay status for a continuous period of twelve (12) months or more; (5) Layoff status for a continuous period of twelve (12) months or morethe job. When a layoff becomes necessary, the The Human Resources Department will provide layoff instructions to the affected departments with a copy to the Association. Before any regular full-time employee is laid off, all other categories of employees in the affected classifications will be separated. An employee subject to layoff will be allowed, in lieu of a layoff, to: (1) Demote to a lower paying classification previously held by the employee; (2) Transfer to the same classification in another department. An employee who has reemployment rights, Manager shall have the same right to compete for promotion that he/she would have had determine if he/she had not been laid off. An employee who is laid off shall not accrue or be eligible for any benefits, including, but not limited to, vacation, sick leave, holidays, medical, dental, LTD, life insurance, retirement contributions and uniforms. Any employee reemployed after a layoff shall retain all vacation and sick leave accruals that the employee did not receive compensation for at the time of layoff. If the City decides to subcontract work and such work would result in the layoff of a full-time employee, the City will notify the Association within thirty (30) days in advance of such action, and upon written request, will meet and discuss the matter prior to subcontracting the workmeets these requirements.

Layoff and Reemployment. Seniority 16.1 Whenever an employee is defined as the length of continuous paid employment and leave with pay status with the City calculated from the date of original hire, including the probationary period, as a full-time employee. Time spent in a leave without pay status shall be excluded. Part-time and temporary part-time employees do not accrue seniority. In reduction of forces, the last employee hired shall be the first employee laid off, and the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in rehiringthe class, the last employee plus higher classes, shall be laid off first. Reemployment shall be in the first reverse order of layoff. 16.1.1 Seniority shall be calculated by comparing hire dates as a regular employee rehired until in the list of former employees is exhausted; provided that classified service in the affected classification. The employee retained or rehired is capable of performing with the work required. most recent hire date shall be laid off first. 16.2 Employees who are laid off are eligible for reemployment for a period of 39 months and shall be reemployed in preference to new applicants. In addition, such employees laid off have the right to participate in promotional examinations within the District during the period of 39 months. 16.3 Employees who take voluntary demotions or who elect to demote or transfer voluntary reductions in assigned time in lieu of a layofflayoff or to remain in their present positions rather than be reclassified or reassigned, shall have be granted the same rights as persons laid off and shall retain eligibility to be considered for reemployment rights for an additional period of up to future vacancies in 24 months; provided, that the position previously heldsame tests of fitness under which they qualified for appointment to the class shall still apply. The City Board of Trustees shall maintain make the determination of the specific period of eligibility for reemployment on the class basis. 16.4 Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the option of the employee, returned to a preferred position in their former class or to positions with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid reemployment list they shall be ranked on that list in accordance with their proper seniority. 16.5 Employees shall be given notice of layoff not less than 30 days prior to the names effective date of layoff and informed of their displacement rights, if any, and reemployment rights. 16.6 When, as a result of the expiration of a specially funded program, positions must be eliminated at the end of any school year, and employees will be subject to layoff for lack of funds, the employees laid off in inverse order at the end of layoff. Future vacancies in those affected positions shall first be filled from the preferred list in inverse order of layoff. Services with the City such school year shall be terminated by:given written notice on or before May 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any, and reemployment rights. However, if the termination date of any specially funded program is other than June 30, such notice shall be given not less than 30 days prior to the effective date of their layoff. (1) Discharge, retirement, resignation or any termination 16.7 Nothing herein provided shall preclude a layoff for lack of employee status; (2) Failure to return to work within seven (7) calendar days when recalled from layoff; (3) Failure to return to work upon expiration funds in the event of an authorized leave actual and existing financial inability to pay salaries of absence;employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Board of Trustees, without the notice required by Sections 16.5 and 16.6 hereof. (4) Leave without pay status for a continuous period 16.8 Notwithstanding any other provisions of twelve (12) months or more; (5) Layoff status for a continuous period of twelve (12) months or more. When a layoff becomes necessarylaw, the Human Resources Department will provide layoff instructions to the affected departments with a copy to the Association. Before any regular full-time employee is laid off, all other categories of employees in the affected classifications will be separated. An employee who was subject to layoff will be allowedbeing, or was in lieu of a layofffact, to: (1) Demote to a lower paying classification previously held by the employee; (2) Transfer to the same classification in another department. An employee who has reemployment rights, shall have the same right to compete for promotion that he/she would have had if he/she had not been laid off. An employee who is laid off and who elected service retirement from PERS shall not accrue or be eligible for any benefits, including, but not limited to, vacation, sick leave, holidays, medical, dental, LTD, life insurance, placed on an appropriate reemployment list. The District shall notify the Board of Administration of the PERS of the fact that retirement contributions and uniforms. Any employee reemployed after a layoff shall retain all vacation and sick leave accruals that the employee did not receive compensation for at the time of was due to layoff. If the City decides employee is subsequently subject to subcontract work reemployment and such work would result accepts, in the layoff of a full-time employeewriting, the City will notify appropriate vacant position, the Association within thirty (30) days in advance District shall maintain the vacancy until the Board of such action, and upon written request, will meet and discuss Administration of the matter prior to subcontracting PERS has properly processed the workemployee's request for reinstatement from retirement.

Layoff and Reemployment. Seniority is defined as the length of continuous paid employment and leave with pay status with the City calculated from the date of original hire, including the probationary period, as a full-time employee. Time spent in a leave without pay status shall be excluded. Part-time and temporary part-time employees do not accrue seniority. In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable capable, in the opinion of performing the City, to perform the work required. Employees who are An employee laid off or who elect from City service prior to demote or transfer in lieu being rehired must pass the physical examination administered by a City-appointed physician and must pass the background check administered by the Police Department. The names of employees laid off shall be placed on a layoff, Reemployment Eligible List as hereinafter specified. Layoffs shall have reemployment rights to future vacancies be made in the position previously heldinverse order of Department seniority. When a promotional reduction is made in the Police Department, demotions shall be made in the inverse order of seniority in classification. An employee being demoted shall be placed in the classification he or she last held prior to the classification from which he or she is being demoted. Time spent in the higher classification shall be treated as seniority time in the lower classification to which the employee is demoted for purposes of calculating seniority in that lower classification. The City Reemployment Eligible List shall maintain a preferred list with consist of the names of the employees and former employees having probationary or permanent status who were laid off in inverse that classification. The rank order on such list shall be determined by relative seniority as specified above. Such list shall take precedence over all other eligible lists in making appointments to the classification in which the employee worked. The name of layoffany person laid off shall continue on the appropriate Reemployment Eligible List for a period of three (3) years after it is placed thereon. Future vacancies in those affected positions The names of any eligible employees on a Reemployment Eligible List shall first be filled automatically removed from said list at the preferred list in inverse order expiration of layoffthe appropriate period of eligibility. Services Service with the City shall be terminated by: (1) Dischargeby discharge, retirementresignation, resignation or any termination of employee status; (2) Failure to return to work within seven (7) calendar days when recalled from layoff; (3) Failure to return to work upon expiration of an authorized leave of absence; (4) Leave without pay status for a continuous period of twelve (12) consecutive months or more; (5) Layoff status for a continuous period of twelve (12) months or more. When a layoff becomes necessary, unemployment with the Human Resources Department will provide layoff instructions to the affected departments with a copy to the Association. Before any regular full-time employee is laid off, all other categories of employees in the affected classifications will be separated. An employee subject to layoff will be allowed, in lieu of a layoff, to: (1) Demote to a lower paying classification previously held by the employee; (2) Transfer to the same classification in another department. An employee who has reemployment rights, shall have the same right to compete for promotion that he/she would have had if he/she had not been laid offCity. An employee who is laid off shall not accrue or be eligible for any benefits, including, including but not limited to, to vacation, sick leave, holidays, medical, dental, LTD, life insurance, retirement contributions and uniforms. Any employee reemployed after a layoff shall retain all vacation and sick leave accruals that the employee did not receive compensation for at the time of layoff. If Any employee who was hired by the City decides prior to subcontract work July 1, 1978, and such work would result who has been in the layoff service of a full-time employee, the City will notify for a period of six (6) years or more but less than fifteen (15) years shall receive five (5) working days' pay at the Association within thirty (30) days in advance employees current rate of such action, and upon written request, will meet and discuss pay at the matter prior to subcontracting the work.time of layoff. An employee with more than sixteen

Layoff and Reemployment. Seniority A. Layoffs shall occur due to lack of work or lack of funds per Ed Code. B. Forms of layoff: Layoffs may take one or more of the following forms: An involuntary reduction in the number of days worked in a year; An involuntary reduction in the number of hours worked in a day; An involuntary reduction in the classification through bumping by senior employees; An involuntary reduction in salary or other compensation to avoid layoff; A voluntary reduction in days worked, hours worked, reduction in salary compensation or, classes to avoid layoff is defined as at the length option of continuous paid employment and leave with pay status the employee affected. C. Order of layoff within a classification shall be determined by hours of service. The employee who has the least seniority in the classification plus higher classifications shall be laid off first. In the case of two or more unit employees having the same hours of service, the order of layoff of such employees shall be determined by hire date within his/her classification. D. If the classification hire date is equal, the employee's original hire date with the City calculated from the date of original hire, including the probationary period, District as a full-time employee. Time spent in a leave without pay status permanent employee shall be excluded. Part-time and temporary part-time employees do not accrue seniority. In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable of performing the work required. Employees who are laid off or who elect to demote or transfer in lieu of a layoff, shall have reemployment rights to future vacancies in the position previously held. The City shall maintain a preferred list with the names of the employees laid off in inverse order of layoff. Future vacancies in those affected positions shall first be filled from the preferred list in inverse order of layoff. Services with the City shall be terminated by: (1) Discharge, retirement, resignation or any termination of employee status; (2) Failure to return to work within seven (7) calendar days when recalled from layoff; (3) Failure to return to work upon expiration of an authorized leave of absence; (4) Leave without pay status for a continuous period of twelve (12) months or more; (5) Layoff status for a continuous period of twelve (12) months or moreused. When a layoff becomes necessaryof classified employees is anticipated by the administration, and prior to the time Governing Board action is taken with respect to a layoff of classified employees, the Human Resources Department District shall notify SEIU/VACE of the possibility of a layoff action. A list of positions recommended for elimination will provide be furnished to SEIU/VACE at the same time as the seniority list is furnished. E. In the event or necessity of layoff, written notice of layoff instructions shall be delivered to the affected departments with a copy unit employee by personal service by the Superintendent or designee no less than sixty (60) days prior to the Association. Before any regular full-time employee is laid off, all other categories effective date of employees in the affected classifications will be separated. An employee subject to layoff will be allowed, in lieu of a layoff, to: (1) Demote to a lower paying classification previously held by informing the employee; (2) Transfer to the same classification in another department. An employee who has of displacement rights, if any, and reemployment rights, shall have the same right to compete for promotion that he/she would have had if he/she had not been laid off. An employee who is laid off shall not accrue or be eligible for any benefits, including, but not limited to, vacation, sick leave, holidays, medical, dental, LTD, life insurance, retirement contributions and uniforms. Any employee reemployed after a layoff notice shall retain all vacation and sick leave accruals that specify the employee did not receive compensation reason for at the time of layoff. If the City decides to subcontract work and such work would result in the layoff of a full-time employee, the City will notify the Association within thirty (30) days in advance of such action, and upon written request, will meet and discuss the matter prior to subcontracting the work.

Layoff and Reemployment. Seniority is defined 11.1.1 A layoff for the purpose of this Article shall be considered as an involuntary separation of a permanent classified employee from active service due to lack of funds and/or lack of work. 11.1.1.1 A “permanent employee,” for purposes of this Article, includes employees who are permanent at the length time of continuous paid employment receiving the notice or right to hearing was required, and leave with pay status with the City calculated from employees who became permanent after the date of original hirethe required notice. 11.1.1.2 A “substitute employee” for purposes of this Article, including means a person employed to replace a classified employee who is temporarily absent from duty or an employee working in a position which is permanently vacant, but the District intends to fill the position and is in the process of filling the position. Substitute employees in positions/classifications identified for layoff shall be released from employment prior to notifying any permanent classified employee of the District’s need to lay off. 11.1.1.3 A “short-term employee” for purposes of this Article, means a person who is employed to perform a service for the school district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis. Shot-term employees in positions/classifications identified for layoff shall be released from employment prior to notifying any permanent classified employee of the District’s need to lay off. 11.1.1.4 A “probationary employee” and the “probationary period” as utilized to define a probationary employee, are outlines in Article 9 of the Collective Bargaining Agreement. Probationary employees in positions/classifications identified for layoff shall be released from probation prior to notifying any permanent classified employees of the District’s need to lay off. 11.1.1.5 Volunteers are members of the community and are not employed by the District to perform any services. Volunteers will not be utilized in any position/classification in which a layoff has occurred. 11.1.2 Notification procedures for a reduction in hours or a demotion as an alternative to layoff are outlined n Education Code 45117. CSEA reserves its right to negotiate the decision of any such proposal by the District. 11.1.3 Layoffs shall be made on a District-wide basis, in inverse order of seniority within class. 11.1.4 Seniority shall be earned by hire date in each classification plus higher CSEA classifications worked. 11.1.4.1 If two (2) or more employees subject to layoff have equal seniority, the determination of which is to be laid off first shall be made by lottery. 11.1.5 An employee laid off in one (1) class who previously gained permanent status in an equal or lower class may bump into that class provided his/her seniority is greater than the least senior employee in that equal or lower class. 11.1.6 An employee displaced as a full-time employee. Time spent result of being bumped shall have the same bumping rights as stated in Paragraph 11.1.5 above and such other rights as granted in this Article. 11.1.7 An employee who elects separation in lieu of either bumping or assignment into a leave without pay status lower class shall maintain his/her reemployment rights as defined under this Article. 11.1.8 A permanent employee who is to be excluded. Part-time and temporary part-time employees do not accrue seniority. In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be offered any vacant position available at that time in the first employee rehired until the list of former employees is exhausted; provided that District for which the employee retained or rehired is capable of performing meets the work required. Employees who are laid off or who elect to demote or transfer in lieu of a layoff, shall have reemployment rights to future vacancies in the position previously held. The City shall maintain a preferred list with the names of the employees laid off in inverse order of layoff. Future vacancies in those affected positions shall first be filled from the preferred list in inverse order of layoff. Services with the City shall be terminated by: (1) Discharge, retirement, resignation or any termination of employee status; (2) Failure to return to work within seven (7) calendar days when recalled from layoff; (3) Failure to return to work upon expiration of an authorized leave of absence; (4) Leave without pay status for a continuous period of twelve (12) months or more; (5) Layoff status for a continuous period of twelve (12) months or more. When a layoff becomes necessary, the Human Resources Department will provide layoff instructions to the affected departments with a copy to the Association. Before any regular full-time employee is laid off, all other categories of employees in the affected classifications will be separated. An employee subject to layoff will be allowed, in lieu of a layoff, to: (1) Demote to a lower paying classification previously held by the employee; (2) Transfer to the same classification in another department. An employee who has reemployment rights, shall have the same right to compete for promotion that he/she would have had if he/she had not been laid off. An employee who is laid off shall not accrue or be eligible for any benefits, including, but not limited to, vacation, sick leave, holidays, medical, dental, LTD, life insurance, retirement contributions and uniforms. Any employee reemployed after a layoff shall retain all vacation and sick leave accruals that the employee did not receive compensation for at the time of layoffminimum qualifications. If the City decides to subcontract work and such work would result in laid off employee is made whole by accepting the layoff of a full-time employeevacant position, the City employee will notify not be placed on the Association within thirty (30) days in advance of such actionreemployment list. 11.1.9 Before a layoff occurs, the District shall develop a seniority list which shall be verified by the employees and upon written request, will meet and discuss the matter prior made available to subcontracting the workCSEA.

Layoff and Reemployment. Seniority is defined as the length of continuous paid The City may abolish any position or employment and leave with pay status the employee may be laid off without taking disciplinary action and without the right of appeal. The City agrees to meet with the City calculated from Union 30 days prior to the date issuance of original hire, including any layoff notice for the probationary period, as a full-time employeepurpose of conferring over the impact and implementation of said layoff and to discuss alternatives and options. Time spent in a leave without pay status shall be excluded. Part-time and temporary part-time employees do not accrue seniority. In reduction of forcesHowever, the last employee hired City Manager shall retain the final decision with respect to the classification and numbers to be the first employee laid off. Whenever it becomes necessary to reduce the number of employees in any classification, and in rehiring, the last employee all persons to be laid off shall be given at least ten (10) calendar day’s prior notice, and the first employee rehired until the list order of former employees is exhausted; provided that layoff shall be as follows: A. In order of seniority, the employee retained with the shortest service in total City service in the affected classification shall be laid off first. B. In the event of two or rehired more employees having identical total City service seniority, the order of layoff will be determined by length of continuous service in the affected classification. C. Whenever two or more employees have identical service in the affected classification, the order of layoff shall be determined by the City Manager on the basis of performance. D. Employees to be laid off in a particular classification have the right to demote to a lower classification to a position previously held with the City for which the employee meets the minimum qualifications, is capable of performing the work requiredessential functions of the position and has City seniority over other employees in the lower classification. This will also apply to employees to be laid off in a particular classification who have demoted from a higher classification due to non-disciplinary reasons. Such employees shall be placed on the seniority list for the higher classification provided they still meet the minimum qualifications, are capable of performing the essential functions of the position and have City seniority over other employees in the higher classification. E. The name of each laid-off employee shall be placed on a reemployment list for a period of 12 months in reverse order of layoff. Employees who are laid off who have received two out of three consecutive annual performance evaluations that are rated below standards or who elect to demote or transfer in lieu of a layoff, shall have reemployment rights to future vacancies in needs improvement will be placed at the position previously held. The City shall maintain a preferred list with the names bottom of the employees laid off reemployment list in inverse reverse order of layoff. Future vacancies in those affected positions shall first be filled from the preferred list in inverse order of layoff. Services with the City shall be terminated by: (1) Discharge, retirement, resignation or any termination of employee status; (2) Failure to return to work within seven (7) calendar days when recalled from layoff; (3) Failure to return to work upon expiration of an authorized leave of absence; (4) Leave without pay status for a continuous period of twelve (12) months or more; (5) Layoff status for a continuous period of twelve (12) months or more. When a layoff becomes necessary, the Human Resources Department will provide layoff instructions to the affected departments with a copy to the Association. Before any regular full-time employee is laid off, all other categories of employees in the affected classifications will be separated. An employee subject to layoff will be allowed, in lieu of a layoff, to: (1) Demote to a lower paying classification previously held by the employee; (2) Transfer to the same classification in another department. An employee who has reemployment rights, shall have the same right to compete for promotion that he/she would have had if he/she had not been laid off. An employee who is laid off shall not accrue or be eligible for any benefits, including, but not limited to, vacation, sick leave, holidays, medical, dental, LTD, life insurance, retirement contributions and uniforms. Any employee reemployed after a layoff shall retain all vacation and sick leave accruals that the employee did not receive compensation for at the time of layoff. If the City decides to subcontract work and such work would result in the layoff of a full-time employee, the City will notify the Association within thirty (30) days in advance of such action, and upon written request, will meet and discuss the matter prior to subcontracting the work.