Common use of Layoff of Unclassified Employees Clause in Contracts

Layoff of Unclassified Employees. A. A layoff is defined as a removal of an employee from employment due to the elimination of the employee’s position as a result of financial constraints or organizational/operational changes. B. Whenever and to the extent possible, the Judiciary will identify all available employment opportunities to avoid layoff by transferring, reassigning or offering to demote employees to available vacancies within the Judiciary, and will notify the union of the layoff and the opportunities to avoid the layoff as far in advance as possible. C. Except for emergencies, affected employees shall be given a generalized notice of layoff at least forty-five (45) days prior to the reduction in force. This article shall not apply to employees hired on a temporary basis or who are in a probationary period at the time the Judiciary determines to implement a layoff. D. The Judiciary shall in its sole discretion determine the number of employees to be separated in each job band, or title series within a job band, including variants and specialized skills, in each Appointing Authority based on funding availability and/or local operational needs. The Judiciary reserves the right to retain employees with specialized skills to maintain public service or systems. E. Each Appointing Authority shall consider the following factors when determining which unclassified employees within a job band shall be laid off: 1. Level within a Job Band 2. Seniority within the Judiciary 3. Disciplinary Action Record (i) Level within a Job Band (ii) Seniority with the Judiciary 1. Points shall be credited based on years of continuous employment with the Judiciary. Employees will receive 2 points for every three years of service at the rate of 2/3 a point for every completed year of service. 2. Continuous Judiciary service includes years of service on the central budget payroll and in the vicinage trial courts, on the county or State payroll, with no break in service from the Judiciary. It does not include service in the municipal courts if such service was not on the central budget or vicinage’s county payroll. It does not include service in other branches of State government. 3. Voluntary furloughs, all leaves with pay including Sick Leave Injury and approved leaves without pay shall not be deducted from total years of Judiciary service. 4. Suspensions, other leaves of absence without pay and any period an employee is laid off shall be deducted in calculating total years of Judiciary service.

Layoff of Unclassified Employees. A. A layoff is defined as a removal of an employee from employment due to the elimination of the employee’s position as a result of financial constraints or organizational/operational changes. B. Whenever and to the extent possible, the Judiciary will identify all available employment opportunities to avoid layoff by transferring, reassigning or offering to demote employees to available vacancies within the Judiciary, and will notify the union of the layoff and the opportunities to avoid the layoff as far in advance as possible. C. Except for emergencies, affected employees shall be given a generalized notice of layoff at least forty-five (45) days prior to the reduction in force. This article shall not apply to employees hired on a temporary basis or who are in a probationary period at the time the Judiciary determines to implement a layoff. D. The Judiciary shall in its sole discretion determine the number of employees to be separated in each job band, or title series within a job band, including variants and specialized skills, in each Appointing Authority based on funding availability and/or local operational needs. The Judiciary reserves the right to retain employees with specialized skills to maintain public service or systems. E. Each Appointing Authority shall consider the following factors when determining which unclassified employees within a job band shall be laid off: 1. Level within a Job Band 2. Seniority within the Judiciary 3. Disciplinary Action Record (i) a. Level within a Job Band (ii) b. Seniority with the Judiciary 1. i. Points shall be credited based on years of continuous employment with the Judiciary. Employees will receive 2 points for every three years of service at the rate of 2/3 ⅔ a point for every completed year of service. 2ii. Continuous Judiciary service includes years of service on the central budget payroll and in the vicinage trial courts, on the county or State payroll, with no break in service from the Judiciary. It does not include service in the municipal courts if such service was not on the central budget or vicinage’s county payroll. It does not include service in other branches of State government. 3iii. Voluntary furloughs, all leaves with pay including Sick Leave Injury and approved leaves without pay shall not be deducted from total years of Judiciary service. 4iv. Suspensions, other leaves of absence without pay and any period an employee is laid off shall be deducted in calculating total years of Judiciary service.

Layoff of Unclassified Employees. A. A layoff is defined as a removal of an employee from employment due to the elimination of the employee’s position as a result of financial constraints or organizational/operational changes. B. Whenever and to the extent possible, the Judiciary will identify all available employment opportunities to avoid layoff by transferring, reassigning or offering to demote employees to available vacancies within the Judiciary, and will notify the union of the layoff and the opportunities to avoid the layoff as far in advance as possible. C. Except for emergencies, affected employees shall be given a generalized notice of layoff at least forty-five (45) days prior to the reduction in force. This article shall not apply to employees hired on a temporary basis or who are in a probationary period at the time the Judiciary determines to implement a layoff. D. The Judiciary shall in its sole discretion determine the number of employees to be separated in each job band, or title series within a job band, including variants and specialized skills, in each Appointing Authority based on funding availability and/or local operational needs. The Judiciary reserves the right to retain employees with specialized skills to maintain public service or systems. E. Each Appointing Authority shall consider the following factors when determining which unclassified employees within a job band shall be laid off: 1. Level within a Job Band 2. Seniority within the Judiciary 3. Disciplinary Action Record (i) Level within a Job Band (ii) Seniority with the Judiciary 1. Points shall be credited based on years of continuous employment with the Judiciary. Employees will receive 2 points for every three years of service at the rate of 2/3 a point for every completed year of service. 2. Continuous Judiciary service includes years of service on the central budget payroll and in the vicinage trial courts, on the county or State payroll, with no break in service from the Judiciary. It does not include service in the municipal courts if such service was not on the central budget or vicinage’s county payroll. It does not include service in other branches of State government. 3. Voluntary furloughs, all leaves with pay including Sick Leave Injury and approved leaves without pay shall not be deducted from total years of Judiciary service. 4. Suspensions, other leaves of absence without pay and any period an employee is laid off shall be deducted in calculating total years of Judiciary service.