Common use of LAYOFF AND REINSTATEMENT Clause in Contracts

LAYOFF AND REINSTATEMENT. Section 21.1 Layoff shall be governed in accordance with State Law, the Rules and Regulations of the Personnel Advisory Board and the Personnel Division. Layoffs shall be implemented by employment status and length of service as follows: a) No regular or original probationary Employee in an affected class shall be laid off until any emergency, provisional, temporary and limited temporary Employee in the same job classification are laid off. b) Original probationary Employees are laid off next, in order of their original appointment date. c) Regular, reinstatement or re-employment probationary Employees are laid off from least tenured to longest tenured as determined by XXXXXX and calculated using XXXXXX retirement credit, not including any purchased service. It is the policy of the Employer to make every reasonable effort to use its Employees to perform work they are qualified to do. To that end, the Employer will not contract out Bargaining Unit work for the sole purpose of eroding the bargaining unit. The Employer will make a reasonable effort with the contractor to ensure that Employees, who will be subject to layoff because of a decision to contract out work, secure employment with the contractor. At the request of the Union, the Employer, the Union, and the contractor will meet to discuss the employment of Employees subject to layoff. The Employer agrees to provide the Union with immediate written notice upon the Employer‟s issuance of an RFP which will result in the layoff of bargaining unit Employees, make available the names of all bidders being considered during the RFP process upon bid opening prior to awarding any contract, and make available a written notice when a contract is awarded. For positions being abolished, incumbents will be removed by reassignment, demotion, transfer or layoff. Employees with regular status must be: d) Offered demotion in lieu of layoff to a lower class in the same job series or in a lower class in which the Employee held regular status, even though this action may result in a layoff in the lower class; and e) Offered transfer in lieu of layoff to positions in which incumbents are subject to layoff in other geographic locations. Employees unwilling to accept transfer will be laid off. Section 21.2 The State shall implement and maintain a reinstatement register of regular Employees who are laid off or demoted in lieu of layoff. The name of the Employee who is laid off, or demoted in lieu of layoff, will be placed on a reinstatement register for the appropriate class. The division in which layoff occurred must reinstate available persons from the reinstatement register before filling vacancies by original appointment, promotion or reemployment. Employees‟ names may also be placed on reinstatement registers for appropriate classes if requested by the Employee. This reinstatement register shall remain active for three (3) years. For a period of six (6) months following a layoff, any demotion, class transfers or transfers must recognize the rights of people on the reinstatement registers. Therefore, these types of changes may only be made if the person moving has higher service credit than those on the register.

LAYOFF AND REINSTATEMENT. Section 21.1 Layoff shall be governed in accordance with State Law, the Rules and Regulations of the Personnel Advisory Board and the Personnel Division. Layoffs shall be implemented by employment status and length of service as follows: a) No regular or original probationary Employee in an affected effected class shall be laid off until any emergency, provisional, temporary and limited temporary Employee in the same job classification are laid off. b) Original probationary Employees are laid off next, in order of their original appointment date. c) Regular, reinstatement or re-employment probationary Employees are laid off from least tenured to longest tenured as determined by XXXXXX MOSERS and calculated using XXXXXX MOSERS retirement credit, not including any purchased service. It is the policy of the Employer to make every reasonable effort to use its Employees to perform work they are qualified to do. To that end, the Employer will not contract out Bargaining Unit work for the sole purpose of eroding the bargaining unit. The Employer will make a reasonable effort with the contractor to ensure that Employees, who will be subject to layoff because of a decision to contract out work, secure employment with the contractor. At the request of the Union, the Employer, the Union, and the contractor will meet to discuss the employment of Employees subject to layoff. The Employer agrees to provide the Union with immediate written notice upon the Employer‟s Employer’s issuance of an RFP which will result in the layoff of bargaining unit Employees, make available the names of all bidders being considered during the RFP process upon bid opening prior to awarding any contract, and make available a written notice when a contract is awarded. For positions being abolished, incumbents will be removed by reassignment, demotion, transfer or layoff. Employees with regular status must be: d) Offered demotion in lieu of layoff to a lower class in the same job series or in a lower class in which the Employee held regular status, even though this action may result in a layoff in the lower class; and e) Offered transfer in lieu of layoff to positions in which incumbents are subject to layoff in other geographic locations. Employees unwilling to accept transfer will be laid off. Section 21.2 The State shall implement and maintain a reinstatement register of regular Employees who are laid off or demoted in lieu of layoff. The name of the Employee who is laid off, or demoted in lieu of layoff, will be placed on a reinstatement register for the appropriate class. The division in which layoff occurred must reinstate available persons from the reinstatement register before filling vacancies by original appointment, promotion or reemployment. Employees‟ Employees’ names may also be placed on reinstatement registers for appropriate classes if requested by the Employee. This reinstatement register shall remain active for three (3) years. For a period of six (6) months following a layoff, any demotion, class transfers or transfers must recognize the rights of people on the reinstatement registers. Therefore, these types of changes may only be made if the person moving has higher service credit than those on the register.

LAYOFF AND REINSTATEMENT. Section 21.1 Layoff shall 24.1 This article is applicable only to regular employees who are employed in positions described in Exhibit "A" and is not applicable to any other persons. Section 24.2 When the City decides to layoff regular employees, the City will give affected employees at least two (2) weeks notice of such layoff. Section 24.3 The order of layoff will be governed determined by seniority. Employees with the least seniority in a classification as described on Exhibit "A" "Job Definitions" will be laid off first. Seniority is defined as the day the employee commenced work with the city or its predecessor, the Shasta Dam Area Public Utility District. An employee who is to be laid off may elect to displace another employee in a lower paid class if qualified and experienced to perform the lower level duties, and if his/her seniority is greater than that of the employee being displaced. The election by the employee who is to be laid off must be made in writing to the City Manager within five (5) days of the day the employee receives notice of layoff. Section 24.3.1 Within sixty (60) days of the date the displacement occurs, the employee who elected the displacement must demonstrate that he/she is able to perform the duties of the lower class competently and efficiently. If not, the employee may be laid off in accordance with State Lawthis policy. Section 24.4 Within one year of the date the employee was laid off from employment, the Rules and Regulations of the Personnel Advisory Board and the Personnel Division. Layoffs City shall be implemented by employment status and length of service as follows: a) No regular or original probationary Employee offer reemployment in an affected class shall be laid off until any emergency, provisional, temporary and limited temporary Employee permanently vacant position in the same job or any lower paid classification are laid off. b) Original probationary Employees are described on Exhibit "A" to the most senior laid off nextemployee if the City determines that the employee is qualified to fill the position and based upon the City's evaluation of the prior job performance of the employee. An offer of reemployment shall be mailed to the employee certified mail, in order of their original appointment date. c) Regular, reinstatement or re-employment probationary Employees are laid off from least tenured to longest tenured as determined by XXXXXX and calculated using XXXXXX retirement credit, not including any purchased servicereturn receipt requested. It is the policy responsibility of the Employer laid off employee to make every reasonable effort provide written notice to use its Employees the City of the employee's current mailing address. The employee shall respond in writing within 12 days of the date the offer of reemployment is mailed and shall return to work on the date specified in the offer of reemployment which shall be no earlier than 14 days after the date the offer of reemployment is mailed. If the laid off employee does not timely respond in writing or timely return to work on the date specified, then such non-response or failure to return to work is deemed a denial of the offer of reemployment. Section 24.4.1 If a laid off employee accepts reemployment in a position other than the position from which the employee was laid off, then the employee must demonstrate that he or she is able to perform work they are qualified to do. To the duties of that end, the Employer will not contract out Bargaining Unit work for the sole purpose of eroding the bargaining unit. The Employer will make a reasonable effort with the contractor to ensure that Employees, who will be subject to layoff because of a decision to contract out work, secure employment with the contractor. At the request position within sixty (60) days of the Uniondate the employee commences work in the position. If the employee does not so demonstrate that he or she is able to perform the duties of that position, then the Employer, the Union, and the contractor will meet to discuss City may terminate the employment of Employees subject the employee and return the employee to layoff. The Employer agrees to provide the Union with immediate written notice upon the Employer‟s issuance of an RFP which will result in the layoff of bargaining unit Employees, make available the names of all bidders being considered during the RFP process upon bid opening prior to awarding any contract, and make available a written notice when a contract is awarded. For positions being abolished, incumbents will be removed by reassignment, demotion, transfer or layoff. Employees with regular status must be: d) Offered demotion in lieu of layoff to a lower class in the same job series or in a lower class in which the Employee held regular laid off status, even though this action may result in a layoff in the lower class; and e) Offered transfer in lieu of layoff to positions in which incumbents are subject to layoff in other geographic locations. Employees unwilling to accept transfer will be laid off. Section 21.2 The State shall implement and maintain 24.4.2 If a reinstatement register of regular Employees who are laid off employee elects to displace another employee or demoted accepts employment in lieu a position other than from which the employee was laid off, then the employee shall be offered reemployment in a permanent vacancy which occurs in the position from which the employee was laid off, for one year from the date of layoff. The name of If an employee elects to displace another employee or accepts employment in a position other than from which the Employee who is employee was laid off, or demoted the City is not required to offer such employee employment in lieu another position which is not the position from which the employee was laid off. Any such offer of layoff, will reemployment to such position shall be placed on a reinstatement register for the appropriate class. The division in which layoff occurred must reinstate available persons from the reinstatement register before filling vacancies by original appointment, promotion or reemployment. Employees‟ names may also be placed on reinstatement registers for appropriate classes if requested by the Employee. This reinstatement register shall remain active for three (3) years. For a period of six (6) months following a layoff, any demotion, class transfers or transfers must recognize the rights of people based on the reinstatement registersseniority of the laid off employee. Therefore, these types Reemployment shall be in the reverse order of changes may only be made if layoff with the person moving has higher service credit than those on the registermost senior laid off employee offered reemployment first.

LAYOFF AND REINSTATEMENT. Section 21.1 Layoff shall 24.1 This article is applicable only to regular employees who are employed in position classifications describedlisted in Exhibit "B" and is not applicable to any other persons. Section 24.2 When the City decides to layoff regular employees, the City will give affected employees at least two (2) weeks notice of such layoff. Section 24.3 The order of layoff will be governed determined by seniority. Employees with the least seniority in a classification as listed on Exhibit "B" "Job Definitions" will be laid off first. Seniority is defined as the day the employee commenced work with the city or its predecessor, the Shasta Dam Area Public Utility District. An employee who is to be laid off may elect to displace another employee in a lower paid class if qualified and experienced to perform the lower level duties, and if his/her seniority is greater than that of the employee being displaced. The election by the employee who is to be laid off Section 24.3.1 Within sixty (60) days of the date the displacement occurs, the employee who elected the displacement must demonstrate that he/she is able to perform the duties of the lower class competently and efficiently. If not, the employee may be laid off in accordance with State Lawthis policy. Section 24.4 Within one year of the date the employee was laid off from employment, the Rules and Regulations of the Personnel Advisory Board and the Personnel Division. Layoffs City shall be implemented by employment status and length of service as follows: a) No regular or original probationary Employee offer reemployment in an affected class shall be laid off until any emergency, provisional, temporary and limited temporary Employee permanently vacant position in the same job or any lower paid classification are laid off. b) Original probationary Employees are listed on Exhibit "B" to the most senior laid off nextemployee if the City determines that the employee is qualified to fill the position and based upon the City's evaluation of the prior job performance of the employee. An offer of reemployment shall be mailed to the employee certified mail, in order of their original appointment date. c) Regular, reinstatement or re-employment probationary Employees are laid off from least tenured to longest tenured as determined by XXXXXX and calculated using XXXXXX retirement credit, not including any purchased servicereturn receipt requested. It is the policy responsibility of the Employer laid off employee to make every reasonable effort provide written notice to use its Employees the City of the employee's current mailing address. The employee shall respond in writing within 12 days of the date the offer of reemployment is mailed and shall return to work on the date specified in the offer of reemployment which shall be no earlier than 14 days after the date the offer of reemployment is mailed. If the laid off employee does not timely respond in writing or timely return to work on the date specified, then such non-response or failure to return to work is deemed a denial of the offer of reemployment. Section 24.4.1 If a laid off employee accepts reemployment in a position other than the position from which the employee was laid off, then the employee must demonstrate that he or she is able to perform work they are qualified to do. To the duties of that end, the Employer will not contract out Bargaining Unit work for the sole purpose of eroding the bargaining unit. The Employer will make a reasonable effort with the contractor to ensure that Employees, who will be subject to layoff because of a decision to contract out work, secure employment with the contractor. At the request position within sixty (60) days of the Uniondate the employee commences work in the position. If the employee does not so demonstrate that he or she is able to perform the duties of that position, then the Employer, the Union, and the contractor will meet to discuss City may terminate the employment of Employees subject the employee and return the employee to layoff. The Employer agrees to provide the Union with immediate written notice upon the Employer‟s issuance of an RFP which will result in the layoff of bargaining unit Employees, make available the names of all bidders being considered during the RFP process upon bid opening prior to awarding any contract, and make available a written notice when a contract is awarded. For positions being abolished, incumbents will be removed by reassignment, demotion, transfer or layoff. Employees with regular status must be: d) Offered demotion in lieu of layoff to a lower class in the same job series or in a lower class in which the Employee held regular laid off status, even though this action may result in a layoff in the lower class; and e) Offered transfer in lieu of layoff to positions in which incumbents are subject to layoff in other geographic locations. Employees unwilling to accept transfer will be laid off. Section 21.2 The State shall implement and maintain 24.4.2 If a reinstatement register of regular Employees who are laid off employee elects to displace another employee or demoted accepts employment in lieu a position other than from which the employee was laid off, then the employee shall be offered reemployment in a permanent vacancy which occurs in the position from which the employee was laid off, for one year from the date of layoff. The name of If an employee elects to displace another employee or accepts employment in a position other than from which the Employee who is employee was laid off, or demoted the City is not required to offer such employee employment in lieu another position which is not the position from which the employee was laid off. Any such offer of layoff, will reemployment to such position shall be placed on a reinstatement register for the appropriate class. The division in which layoff occurred must reinstate available persons from the reinstatement register before filling vacancies by original appointment, promotion or reemployment. Employees‟ names may also be placed on reinstatement registers for appropriate classes if requested by the Employee. This reinstatement register shall remain active for three (3) years. For a period of six (6) months following a layoff, any demotion, class transfers or transfers must recognize the rights of people based on the reinstatement registersseniority of the laid off employee. Therefore, these types Reemployment shall be in the reverse order of changes may only be made if layoff with the person moving has higher service credit than those on the registermost senior laid off employee offered reemployment first.