Common use of LAYOFF FOR CIVIL SERVICE EMPLOYEES Clause in Contracts

LAYOFF FOR CIVIL SERVICE EMPLOYEES. ‌ 15.1 PURPOSE‌ This Article provides the procedure to be followed when an employee covered by Civil Service is to be displaced/laid off from their position. A layoff shall be defined as the dismissal or displacement of at least one employee due to lack of work, lack of funds, abolishment of position, or for other reasons not reflecting discredit on an employee. 15.2 PROCEDURE‌ a. Within each job classification in each department in which a layoff occurs, employees shall be laid off in the following order: first, all non-career employees; second, all probationary employees in the order of their classification seniority; and, third, permanent career employees in the order of their classification seniority, beginning with the employee with the least such seniority. In the event that two (2) or more employees have an equal amount of classification seniority, the senior employee shall be determined on the basis of greater City service seniority. If two (2) or more employees have an equal amount of City service seniority, the senior employee shall be determined on the basis of greater hire date seniority, or by lowest random number in the event of a tie. b. Any non-career or probationary employee who is affected by a layoff or displaced by a downgrading employee shall return to the last department and job classification in which the employee holds permanent status, if any. If the employee has not held permanent status in another job classification, the employee shall be laid off; at the request of the employee, the name of such employee may be restored to an eligible list in accordance with applicable Civil Service Rules. c. A career employee with permanent status who is to be laid off or displaced has the right to downgrade: (1) Within the department, to a classification within the series in which the employee’s classification falls; (2) Within the department to a Unit 10 classification in which the employee previously held permanent status; (3) Within the department as allowed by the Local 39 labor agreements, in descending order, to a Local 39 classification in which the employee previously held permanent status, provided a vacancy exists; (4) Outside the department to a classification not represented by Local 39 in which the employee previously held permanent status, provided a vacancy exists. (5) Where employees are displaced as a result of downgrade pursuant to 15.2(c)(1) or (c)(2), non-career employees in such lower classification with the least City service seniority shall be displaced first. If there are no non-career employees in the lower classification, the probationary employee with the least City service seniority shall be displaced. If there are neither non-career nor probationary employees in the lower classification, the permanent career employee with the least City service seniority shall be displaced, provided that the downgrading employee has greater City service seniority. d. An employee may accept layoff in lieu of the opportunity to downgrade by providing written notification to the City within forty-eight (48) hours of receiving notice of layoff. Where the employee accepts a layoff in lieu of a downgrade, said employee shall forfeit all recall rights except to a vacancy within the same classification within the department from which the employee was laid off.

LAYOFF FOR CIVIL SERVICE EMPLOYEES. ‌ 15.1 PURPOSE‌ This Article provides the procedure to be followed when an employee covered by Civil Service is to be displaced/laid off from their his/her position. A layoff shall be defined as the dismissal or displacement of at least one employee due to lack of work, lack of funds, abolishment of position, or for other reasons not reflecting discredit on an employee. 15.2 PROCEDURE‌ a. Within each job classification in each department in which a layoff occurs, employees shall be laid off in the following order: first, all non-career employees; second, all probationary employees in the order of their classification seniority; and, third, permanent career employees in the order of their classification seniority, beginning with the employee with the least such seniority. In the event that two (2) or more employees have an equal amount of classification seniority, the senior employee shall be determined on the basis of greater City service seniority. If two (2) or more employees have an equal amount of City service seniority, the senior employee shall be determined on the basis of greater hire date seniority, or by lowest random number in the event of a tie. b. Any non-career or probationary employee who is affected by a layoff or displaced by a downgrading employee shall return to the last department and job classification in which the employee holds permanent status, if any. If the employee has not held permanent status in another job classification, the employee he/she shall be laid off; at the request of the employee, the name of such employee may be restored to an eligible list in accordance with applicable Civil Service Rules. c. A career employee with permanent status who is to be laid off or displaced has the right to downgrade: (1) Within the department, to a classification within the series in which the employee’s classification falls; (2) Within the department to a Unit 10 classification in which the employee previously held permanent status; (3) Within the department as allowed by the Local 39 labor agreements, in descending order, to a Local 39 classification in which the employee previously held permanent status, provided a vacancy exists; (4) Outside the department to a classification not represented by Local 39 in which the employee previously held permanent status, provided a vacancy exists. (5) Where employees are displaced as a result of downgrade pursuant to 15.2(c)(115.2 (c)(1) or (c)(2), non-career employees in such lower classification with the least City service seniority shall be displaced first. If there are no non-career employees in the lower classification, the probationary employee with the least City service seniority shall be displaced. If there are neither non-career nor probationary employees in the lower classification, the permanent career employee with the least City service seniority shall be displaced, provided that the downgrading employee has greater City service seniority. d. An employee may accept layoff in lieu of the opportunity to downgrade by providing written notification to the City within forty-eight (48) hours of receiving notice of layoff. Where the employee accepts a layoff in lieu of a downgrade, said employee shall forfeit all recall rights except to a vacancy within the same classification within the department from which the employee was laid off.