Common use of Layoff and Reemployment Clause in Contracts

Layoff and Reemployment. 18.1 In the event of a need to layoff or reduce hours of employees, the County Office shall notify the Association of its intended action and, upon request, shall meet and negotiate concerning the impact of a layoff and the decision to reduce hours. Employees shall be subject to layoff for lack of work or lack of funds. Layoff includes any reduction in hours of employment or assignment to a classification or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff. 18.2 When, as a result of the expiration of a specially funded program, employees' positions must be eliminated at the end of any school year, and employees will be subject to layoff for lack of funds, the employees to be laid off at the end of such school year shall be given written notice in compliance with timelines provided in Education Code Section 45117(a), informing them of their layoff effective at the end of such school year and of their displacement rights, if any, and reemployment rights. 18.3 When, as a result of a bona fide reduction or elimination of the service being performed by any department, employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff in compliance with timelines provided in Education Code Section 45117(b), and informed of their displacement rights, if any, and reemployment rights. 18.4 Nothing herein provided, shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Employer, without the notice required by sections 18.2 and 18.3. 18.5 Prior to any final layoff notices being sent to those employees who have been employed the shortest time within the classification, the Employer shall notify the more senior employees whose positions have been reduced or eliminated that they must elect one of the following within five (5) working days of receipt of notice: 1. Elect to be laid off. 2. Elect to displace a less senior employee if applicable. The layoff notice shall contain the layoff date, options other than layoff, reemployment rights, and a copy of the layoff resolution. 18.6 In the event of a layoff, the order of layoff within the classification shall be determined by length of service. The employee, who has been employed the shortest time in the classification, plus higher classifications, shall be laid off first.

Layoff and Reemployment. 18.1 In the event of a need to layoff or reduce hours of employees, the County Office shall notify the Association of its intended action and, upon request, shall meet and negotiate concerning the impact of a layoff and the decision to reduce hours. Employees shall be subject to layoff for lack of work or lack of funds. Layoff includes any reduction in hours of employment or assignment to a classification or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff. 18.2 When, as a result of the expiration of a specially funded program, employees' positions must be eliminated at the end of any school year, and employees will be subject to layoff for lack of funds, the employees to be laid off at the end of such school year shall be given written notice in compliance with timelines provided in Education Code Section 45117(a), informing them of their layoff effective at the end of such school year and of their displacement rights, if any, and reemployment rights. 18.3 When, as a result of a bona fide reduction or elimination of the service being performed by any department, employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff in compliance with timelines provided in Education Code Section 45117(b), and informed of their displacement rights, if any, and reemployment rights. 18.4 Nothing herein provided, shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Employer, without the notice required by sections 18.2 and 18.3. 18.5 Prior to any final layoff notices being sent to those employees who have been employed the shortest time within the classification, the Employer shall notify the more senior employees whose positions have been reduced or eliminated that they must elect one of the following within five (5) working days of receipt of notice: 1. Elect to be laid off. 2. Elect to displace a less senior employee if applicable. The layoff notice shall contain the layoff date, options other than layoff, reemployment rights, and a copy of the layoff resolution. 18.6 In the event of a layoff, the order of layoff within the classification shall be determined by length of service. The employee, who has been employed the shortest time in the classification, plus higher classifications, shall be laid off first. "Length of service" means all hours in paid status, whether during the school year, a holiday, recess, or during any period that school is in session or closed, but does not include any hours compensated solely on an overtime basis, military leave, unpaid illness leave or unpaid industrial accident leave. "Hours in Paid Status" shall not be interpreted to mean any service performed prior to entering into probationary or permanent status in the classified service of the Employer except service in restricted positions. Notwithstanding the foregoing, however, length of service for all employees hired on or after July 1, 1989 shall be determined by the employee's hire date, not work hours.

Layoff and Reemployment. 18.1 In A. Layoff and reemployment in the event District will be governed by the provisions of a need to layoff or reduce hours of employees, the County Office shall notify the Association of its intended action and, upon request, shall meet Education Code and negotiate concerning the impact of a layoff and the decision to reduce hoursother applicable State law. 1. Employees Classified employees shall be subject to layoff for lack of work or lack of funds. Layoff includes any reduction Whenever classified employees are laid off, the order of layoff within a given class shall be determined by length of service. The unit members who have been employed the shortest time in hours the given class, plus higher classes, shall be laid off first. Reemployment shall be in the reverse order of employment or assignment to a classification or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff. 18.2 2. Bargaining unit members hired prior to July 1, 1971, and after June 30, 1993, shall have their seniority based on hire date. Bargaining unit members hired after June 30, 1971, and before July 1, 1993, shall have their hours frozen effective June 30, 1993 and a ranking established by hours in each classification they have held. Effective July 1, 1993, seniority shall be by descending order as follows: a. Hire date prior to July 1, 1971. b. Ranking by hours effective June 30, 1993. c. Hire date after June 30, 1993. 3. When, as a result of a reduction or elimination of the service being performed by any department, classified employees are subject to layoff for lack of work, these employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of the layoff. These employees shall also be informed of their displacement rights, if any, and reemployment rights. 4. Layoffs may also be necessary for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees or for causes not foreseeable or preventable by the District Administration. In such cases, the sixty (60) day notice shall not be required. 5. When, as a result of the expiration of a specially specially-funded program, employees' classified positions must be eliminated at the end of any school year, and employees unit members will be subject to layoff for lack of funds, the employees to be laid off at the end of such the school year shall be given written notice in compliance with timelines provided in Education Code Section 45117(a), informing them of their layoff effective at the end of such school year and of their displacement rights, if any, and reemployment rights. 18.3 When, as a result of a bona fide reduction or elimination of the service being performed by any department, employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff in compliance with timelines provided in Education Code Section 45117(b), and informed of their displacement rights, if any, and reemployment rights. 18.4 Nothing herein provided, shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Employer, without the notice required by sections 18.2 and 18.3. 18.5 Prior to any final layoff notices being sent to those employees who have been employed the shortest time within the classification, the Employer shall notify the more senior employees whose positions have been reduced or eliminated that they must elect one of the following within five (5) working days of receipt of notice: 1. Elect to be laid off. 2. Elect to displace a less senior employee if applicable. The layoff notice shall contain the layoff date, options other than layoff, reemployment rights, and a copy of the layoff resolution. 18.6 In the event of a layoff, the order of layoff within the classification shall be determined by length of service. The employee, who has been employed the shortest time in the classification, plus higher classifications, shall be laid off first.sixty

Layoff and Reemployment. 18.1 In A. Layoff and reemployment in the event District will be governed by the provisions of a need to layoff or reduce hours of employees, the County Office shall notify the Association of its intended action and, upon request, shall meet Education Code and negotiate concerning the impact of a layoff and the decision to reduce hoursother applicable State law. 1. Employees Classified employees shall be subject to layoff for lack of work or lack of funds. Layoff includes any reduction Whenever classified employees are laid off, the order of layoff within a given class shall be determined by length of service. The unit members who have been employed the shortest time in hours the given class, plus higher classes, shall be laid off first. Reemployment shall be in the reverse order of employment or assignment to a classification or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff. 18.2 2. Bargaining unit members hired prior to July 1, 1971, and after June 30, 1993, shall have their seniority based on hire date. Bargaining unit members hired after June 30, 1971, and before July 1, 1993, shall have their hours frozen effective June 30, 1993 and a ranking established by hours in each classification they have held. 3. Effective July 1, 1993, seniority shall be by descending order as follows: a. Hire date prior to July 1, 1971. b. Ranking by hours effective June 30, 1993. c. Hire date after June 30, 1993. 4. When, as a result of a reduction or elimination of the service being performed by any department, classified employees are subject to layoff for lack of work, these employees shall be given notice of layoff not less than sixty (60) days prior to the effective date of the layoff. These employees shall also be informed of their displacement rights, if any, and reemployment rights. 5. Layoffs may also be necessary for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees or for causes not foreseeable or preventable by the District Administration. In such cases, the sixty (60) day notice shall not be required. 6. When, as a result of the expiration of a specially specially-funded program, employees' classified positions must be eliminated at the end of any school year, and employees unit members will be subject to layoff for lack of funds, the employees to be laid off at the end of such the school year shall be given written notice in compliance with timelines provided in Education Code Section 45117(a), informing sixty (60) days prior to the effective date of the layoff. This written notice shall inform them of their layoff effective at the end of such the school year and of their displacement rights, if any, and reemployment rights. In the event that the termination date of any specially funded program is other than June 30th, such notice shall be given not less than sixty (60) days prior to the effective date of their layoff. 18.3 When, as a result of a bona fide reduction 7. If two (2) or elimination of the service being performed by any department, more employees shall be subject to layoff for lack have equal seniority, the determination as to who shall be laid off shall be made on the hire date seniority with the employees hired first being retained and if that is equal, then the determination shall be made by lot with the involved employees and their representatives present. Such drawing shall not be determined invalid in the event that one or more employees, or their representatives, are unable (or choose not) to be present. 8. Layoffs shall be conducted on a District-wide basis in reverse order of workseniority, as stated before. 9. Prior to the effective date of the layoff, affected employees may challenge their place on the seniority roster by making objections to the Human Resources Division which shall review the objections, conduct an audit if requested, and make appropriate corrections if necessary. The results of the audit and/or corrections shall be given notice made known to CSEA and the employee(s) prior to the effective date of the layoff. 10. When a layoff of classified employees is anticipated by the Administration and as early as practical before any Board action is taken on layoff of classified employees, the District Administration shall notify CSEA in compliance writing of the proposed action. With such notifications the District Administration shall provide CSEA with timelines provided in Education Code Section 45117(b)an updated seniority roster for the classification(s) which will be affected by the layoff and a list of the positions to be abolished. Upon request, the District Administration shall meet with CSEA to negotiate the impact (effects) of the proposed layoff. 11. A list of the employees to be laid off shall be sent to the President of the local CSEA chapter or designee, and informed of their displacement rightsthe Field Representative, if any, and reemployment rightsat the time the layoff notices are sent. 18.4 Nothing herein provided, shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Employer, without the notice required by sections 18.2 and 18.3. 18.5 Prior to any final layoff notices being sent to those employees who have been employed the shortest time within the classification, the Employer shall notify the more senior employees whose positions have been reduced or eliminated that they must elect one of the following within five B. Displacement (5bumping) working days of receipt of notice:Bights 1. Elect Bargaining unit employees who are laid off may exercise bumping rights into an equal or a lower classification which they previously held, providing they meet minimum qualifications and providing they have seniority over those subject to be laid offbumping. 2. Elect Salary placement for the employee exercising bumping rights shall be to displace a less senior employee if applicable. The layoff notice shall contain the layoff date, options other than layoff, reemployment rights, and a copy step of the layoff resolution. 18.6 In new salary range, which corresponds to the event of a layoff, salary which would have been received by the order of layoff within employee had the classification shall be determined by length of service. The employee, who has been employed the shortest time employee remained in the classification, plus higher classifications, shall be laid off firstlower classification during the entire period.