Layoff Procedure. A. Once the University determines the need for a layoff exists, it shall employ the following procedure: 1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s). 2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows: a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority. 3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement. 4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues. 5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced. 6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees. 7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work. 8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff. 9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once 31.1 Nothing herein shall be construed to require the University determines District to fill vacant, budgeted positions nor to prohibit the need District from eliminating vacant positions from the budget. The District reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002.
31.3 If, in the sole discretion of District management, personnel reductions are necessary, layoff order and recall lists shall be developed based upon job classification, priority of function, job performance, individual qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two weeks notification in writing, whenever possible.
31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such requests must be made in writing to the Human Resources Department within five (5) days of receipt of the Layoff Notice. The salary of an employee who voluntarily demotes shall be unchanged, except that it may not exceed the maximum rate of the range for the lower level classification.
31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be maintained for a layoff exists, it shall employ period of two years from the following procedure:
1date of layoff. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) Individuals shall be laid off as follows:
a. any employees in placed on the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. list in the inverse order of senioritylayoff, so that the last person laid off is the first recalled. The remaining employees When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the top of the list. That individual must respond to the offer within five days, or the department offer shall be made to the next person on the list. An individual who either does not respond or unit refuses three consecutive offers shall have their name removed from the list.
31.6 All notification and responses must be immediately qualified to perform the required workin writing and delivered either in person or by Certified Mail. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications It is the responsibility of all employees to keep the University. If the University determines that an employee is not qualifiedHuman Resources Department informed of their current address, the employee shall have the right to grieve such decision. Part-time employees shall or where they may be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritycontacted.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 5 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Layoff Procedure. A. Once Employees who are being laid off shall receive at least two (2) weeks advance notice. The AMEA President or designee shall be notified prior to or at the University determines same time as the need for a employee being laid off. After notification of layoff exists, it the employee shall employ be provided the following procedureoptions, in order:
1. If The employee shall be offered a vacant position at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and pay grade within the department(s) where department for which the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)employee qualifies.
2. If further reductions are required, employees The employee may elect to bump an employee who has less seniority in the affected job classification(s) same classification within the department.
3. The employee shall be laid off as follows:
a. any employees in the affected classification who have active discipline offered a vacant position at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees lower pay grade within the department or unit must be immediately qualified for which the employee qualifies.
4. The employee may elect to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications bump an employee who has less seniority in a lower pay grade for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether which the employee is immediately qualified, qualified within the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job descriptiondepartment.
5. The determination of qualifications is the responsibility of the Universityemployee may elect to be laid off.
6. If the University determines that an employee is not qualifiedlaid off or elects to be laid off, the employee may receive severance pay in lieu of the two week notification period. The severance pay may be prorated based on the days and/or hours an employee may work in the layoff period.
7. If an employee has exhausted bumping rights or elects not to exercise bumping rights, the employee may be placed in another vacant position at the same or lower pay grade if the employee meets the minimum qualifications, successfully completes any position related examination, and has an acceptable driving record for that position. Full-time employees will first be allowed to be placed, bump, transferred, or demoted into full-time positions as specified above. When all full-time options (as enumerated above) have been exhausted, full-time employees may be placed, bump, transferred, or demoted into part-time positions. In these cases, consideration shall have the right to grieve such decisionbe given for part-time positions of 20 hours or more. Part-time employees shall may be laid off before full-time employeesplaced, and bumped, transferred, demoted, etc. only in part-time employees cannot bump fullpositions. Consideration is given on part-time employees. Similarlypositions based on the part-time status (i.e. less than 15 hours, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used 15 to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computersless than 20 hours, and copiers for use in preparing resumes and cover letters. Employees shall also have access 20 to EAP services during this time period to deal with any stress-related issuesless than 40 hours).
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once In the University determines event of a reduction in force or of regular hours in one of the need for a Hospitals, the Hospital shall notify the Union at least thirty (30) days in advance of the effective date of the layoff, and will give affected employees at least fourteen (14) days advance notice of the layoff existsduring which time volunteers will first be sought as set forth in paragraph (f), it below. Such notice to employees may be given during the above referenced thirty (30) day notification period, but the layoff shall employ not be effective prior to the following procedure:
1expiration of that thirty (30) day period. If at any time during the an insufficient number of Therapists volunteer for layoff process an employee submits his notice of retirement, resignation or volunteers for layoffto meet reduction goals, the University least senior Therapist occupying positions to be eliminated will review its layoff rationale. Where appropriatebe displaced, subject only to the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary ability of the retained employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required workduties of the employees to be laid off. For purposes of layoff, placement, bumping, and recall, “immediately qualified” Initial displacements shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required workcarried out by shift. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall Displaced Therapists will have the right to grieve such decision. Part-time employees shall be laid off before full-time employeesbump other less senior Therapists within their Hospital providing the Therapist is qualified and has the ability, and part-time employees cannot bump full-time employees. Similarlywith no more than two (2) weeks orientation, temporary employees cannot bump regular or funds to competently perform the available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employeework. It is agreed understood that this provision shall the Hospital will notify the Union of its conclusion that a Therapist has not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from demonstrated his/her present job may request ability within said two (2) weeks prior to be transferred into a posted vacant bargaining unit position for which terminating the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, Therapist and the employee orientation period may be extended by agreement of the parties. Failure to demonstrate competency in the position within the two (2) week period (including any extension of such period agreed to by the Hospital and union) shall retain all seniority accumulated prior to layoff.
9be just cause for termination of employment. Employees laid off while serving A Therapist exercising his/her initial probationary period or employees in seniority to take a temporary float position (an employee hired for a specific project or hired with a defined end date) will must take the entire float position, not be entitled to placement, bumping or recall rightsjust the hours worked at the Therapist’s Hospital.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once (a) When the University Clerk determines that layoffs are necessary, the need for a layoff existsClerk shall determine which positions will be eliminated. However, it temporary positions shall employ the following procedure:
1. If at any time during be eliminated before the layoff process an employee submits his notice of retirement, resignation any probationary or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)permanent employees.
2. If further reductions are required, (b) Probationary employees in the affected job classification(s) shall be laid off as follows:
a. any before permanent employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of using reverse Clerk’s Office seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. PartProbationary part-time employees shall be laid off before full-time probationary employees, and . Permanent part-time employees cannot bump shall be laid off before full-time employees. Similarly, temporary employees cannot bump regular or funds available permanent employees, regardless of using reverse Clerk’s Office seniority.
(c) Employees whose positions are eliminated, and employees who are displaced by other employees by the layoff process, shall have the right to displace other bargaining unit employees having less Clerk’s Office seniority in accordance with the following provisions:
(1) Employees must accept placement in funded vacant positions for which they qualify before displacing other employees, except part-time employees may displace other less senior part-time employees rather than accepting placement in a vacant full-time position;
(2) Employees must displace the least senior bargaining unit employee for whose position they qualify.
(3. Student ) Employees displaced with greater Clerk’s Office seniority than remaining bargaining unit employees may displace the least senior employee for whose position they qualify.
(4) Employees whose positions are eliminated or who are displaced shall not be used exercise their displacement rights in order of their Clerk’s Office seniority, most to least.
(d) To qualify for another bargaining unit position, an employee must have previously been assigned in that or a like position, or must have previously been trained to perform significant components the tasks of that position and have the position of a laid off employee. It is agreed that this provision shall not apply ability to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5perform those tasks. If the work force is to be reducedemployee has not previously performed in the position, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and then the employee shall retain all seniority accumulated serve a thirty (30) work day demonstration period. If the employee performance is unsatisfactory during the demonstration period, then the employee will re-exercise their displacement rights on a prospective basis.
(e) Notwithstanding the above procedure, any employee whose position is eliminated or who is displaced by a more senior employee shall have the right to accept the layoff without repercussion.
(f) The Clerk will notify the Union thirty (30) calendar days prior to layoffthe effective date of layoffs that the elimination of positions has become necessary.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once In order to promote an orderly reduction in personnel when the University determines the need for a layoff existseducational program, it shall employ curriculum, or staff is curtailed, the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University procedure will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)be used.
2. If further reductions are required, A) Probationary employees in the affected job classification(s) shall be laid off as follows:first. A probationary employee shall not be laid off unless there is a non-probationary or tenured employee who is certified and available to perform the duties of the position the probationary employee is vacating, or unless the position that the probationary employee is vacating is being eliminated altogether.
a. any B) If the reduction of employees is still necessary, then non-probationary employees in the affected classification who have active discipline at specific positions being reduced or eliminated shall be laid off on the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41basis of seniority, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. except as hereinafter provided. Layoffs made pursuant to this section shall be made in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placementi.e., bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, those with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled least seniority are to be laid off from his/her present job may request first. For the purpose of this Article “seniority” is defined to be transferred into mean the amount of time an individual is continuously employed in a posted vacant bargaining unit position with the school district. Seniority credit will be granted for which time worked on the employee is immediately qualified to perform following basis: 1) employees who work or are on paid leave for at least one day more than one-half of the required workcontract year will receive a full year of seniority; 2) employees who work one-half of the contract year or less will receive one- half year of seniority. Time on unpaid approved leave or layoff shall not constitute a break in continuous service.
8C) No later than September 30th, the Board shall prepare, publish and provide to the Association the seniority list. Seniority All employees shall be ranked on the list in order of their seniority as defined above. In the event that more than one individual bargaining unit member has the same starting date of work, position on the seniority list shall be determined by having the highest last four digits of the social security number. The Association will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.have thirty
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Layoff Procedure. A. Once the University determines the need for
(a) Regular Employees
(1) Layoffs will occur in reverse order of seniority by classification within a layoff exists, it shall employ the following procedure:
1team. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University Vacant positions will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary be identified and offered to employees with the same job by their classification and seniority consistent with options (2) and (3) to avoid layoff or displacement, if possible. In the case of PSCs, layoffs will occur in reverse order of seniority by classification within the department(s) where the layoff(s) occursa PSC worksite. The University shall then lay off probationary Vacant positions will be identified and offered to employees with the same job by their classification and seniority within the affected department(s)their team, then options (2) and (3) to avoid layoff or displacement, if possible. The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the A regular PSC employee shall have the right option to grieve such decisiondisplace the most junior regular employee in the same classification and same team in their current range, one range above or below their current range, and if there is no junior employee within those ranges the nearest available range, provided they have the qualifications and skill to perform the work after a brief period of familiarization; if not possible then;
(2) A regular employee shall have the option to displace the most junior regular employee in the same classification and same geographic area within their current range, one range above or below the current range, and if there is no junior employee within those ranges the nearest available range, provided they have the qualifications and skill to perform the work after a brief period of familiarization; if not possible then;
(3) A regular PSC employee shall have the option to displace the most junior regular employee in the same classification in the bargaining unit, within their current range, one range above or below their current range, and if there is no junior employee within those ranges the nearest available range, provided they have the qualifications and skill to perform the work after a brief period of familiarization;
(4) For the purposes of Clause 11.4 only, Technical Resources or Team Leads may bump Technologists and are considered to be in the same classification, and Mobile Lab Clinical Technical Assistants or Site Leads may bump Clinical Technical Assistants and are considered to be in the same classification; Equipment Specialists or LTA leads may bump Laboratory Technical Assistants and are considered to be in the same classification; Courier Leads may bump couriers and are considered to be in the same classification; and Schedulers may bump CIS or MLS coordinators and are considered to be in the same classification. Part-time In no case shall employees be able to bump into a job with a higher wage rate;
(5) A regular employee displaced by an employee exercising option (2) shall have the option to displace a more junior employee in option (3);
(6) A regular employee who has been given notice of layoff or been displaced has the option of going on the recall list and/or the team's casual hours list in order of their seniority; or accept layoff and severance as outlined in Clause 11.6;
(7) For the purposes of this clause, the range of hours for regular employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
as follows: Range 1: Less than 0.2 FTE Range 2: 0.2 to 0.39 FTE Range 3. Student employees shall not be used : 0.4 to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply 0.59 FTE Range 4: 0.6 to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is 0.79 FTE Range 5: 0.8 to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
0.99 FTE Range 6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.: 1.0 FTE
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff Procedure. A. Once Whenever layoffs become necessary, the University determines agency shall designate the need position to be affected. Layoff shall occur within employment condition (unlimited full-time, unlimited part-time, seasonal full-time, seasonal part-time, intermittent) and within the seniority unit. At least twenty-one (21) calendar days, and whenever practicable thirty (30) calendar days, written notice of the layoff shall be given to the affected employee and the Council prior to the effective date of the layoff. Agencies are encouraged to provide longer notice. The written notice shall specify the reason for a the layoff existsand an estimated duration for the layoff. At the Agency’s discretion, it shall employ an employee under notice of permanent layoff may be granted up to one hundred and sixty (160) hours of paid leave, ending at the following procedure:
1date of layoff. If Hours of leave may be granted at any time during throughout the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification period and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used subject to perform significant components the Application and Reinstatement provisions of Article 10, Leaves of Absence. When two or more positions in the same class, seniority unit and employment condition are designated for layoff simultaneously, the affected employees shall exercise their layoff options in order of their Classification Seniority. It shall be the policy of the Agency to make a reasonable effort to minimize the amount of bumping and relocation which might occur in the event a layoff is necessary, provided that said policy is not subject to the provisions of Article 15, Grievance Procedure. Before an employee whose position has been abolished is laid off, they shall be reassigned to a vacant position, if one exists, within thirty-five (35) miles of a laid off employee. It is agreed their current work location (in the case of MnDOT, within their seniority unit), in their current classification, employment condition and seniority unit, provided that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4they are qualified for the position. The University shall make available to laid-off employees, vacancy need not be posted prior to their layoff datethe reassignment. Where the preceding action cannot be accomplished, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the an employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled about to be laid off from his/her present job shall be advised of their alternatives within options 1-4 listed below at least seven (7) days prior to layoff. The employee shall then select one of these options at least three (3) days prior to layoff. In lieu of the following options, the employee may request elect to be transferred into accept a posted vacant bargaining unit position vacancy in the same agency and employment condition, in the same class or in an equal or lower class in which the employee previously served or for which the employee is immediately determined qualified by the Employer. The vacancy need not be posted prior to perform offering it to an employee on notice of layoff. An opportunity to take a vacancy is mandatory over bumping when the required workvacancy is in the same class or is in a transferable class, same employment condition and is within thirty-five (35) miles (in the case of MnDOT within seniority unit). The employee shall proceed through the following alternatives, if available, in numerical order.
81. Bump in the same class within thirty-five (35) miles (seniority unit in MnDOT). Proceeding on the basis of inverse order of the Classification Seniority will continue to accrue up to eighteen (18) months during time spent on layoffof the employees currently occupying the positions, and the employee shall retain all bump into the first position for which they are qualified, that is located within thirty-five (35) miles of their current work location (in MnDOT, within their seniority accumulated prior to layoffunit), in their current classification, employment condition and agency, provided that the position is occupied by an employee with less Classification Seniority than the employee bumping; or
2. If the above option is not available, the employee shall either:
a. Bump in the same class statewide. Proceeding on the basis of inverse order of the Classification Seniority of the employees currently occupying the positions, the employee shall bump into the first position for which they are qualified in their current classification, employment condition and agency, provided that the position is occupied by an employee with less Classification Seniority than the employee bumping.
9b. Bump into a lower or equal class within thirty-five (35) miles (seniority unit in MnDOT). Employees laid off while serving his/her initial probationary period Proceeding on the basis of inverse order of the Classification Seniority of the employees currently occupying the positions, the employee shall bump into the first position for which they are qualified, that is located within thirty- five (35) miles of their current work location (in MnDOT within their seniority unit), in the next lower or employees equal classification, in a temporary the employment condition and agency in which the employee bumping is currently serving, provided that the position (is occupied by an employee hired with less Classification Seniority than the employee bumping.
3. Bump into a lower or equal class statewide. Proceeding on the basis of inverse order of the Classification Seniority of the employees currently occupying the positions, the employee shall bump into the first position for a specific project which they are qualified in the next lower or hired equal classification, in the employment condition and agency in which the employee bumping is currently serving, provided that the position is occupied by an employee with a defined end date) will not be entitled to placement, bumping or recall rightsless Classification Seniority than the employee bumping.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once the University determines the need for The District shall determine when a layoff existsis necessary and which programs will be affected. However, it the District agrees that such layoffs shall employ be implemented in accordance with the following procedure:
1. If at any time during Whenever the Board determines that a layoff process an employee submits his notice of retirementis necessary, resignation or volunteers for layoff, it shall immediately notify the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)Association.
2. If further reductions are required, Affected employees in the affected job classification(s) shall be laid off as followsnotified at least thirty (30) calendar days prior to the effective date of the layoff. In the event of school closure due to lack of funds, however, the notice shall be ten (10) calendar days. When affected employees are notified, the District shall provide the Association with a copy of the seniority and layoff lists. The Association will be informed prior to RIF notices’ being distributed. (CEA Proposal 2-08-24) (TA 2/29/24)
3. Retention of employees will be in accordance with ORS 342.934 and the following criteria:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” Seniority shall be defined as meeting the minimum and preferred qualifications for length of current, continuous service to the position to perform District, measured from the first day of actual work. For the purposes of this Article, with seniority shall not be broken by approved leaves of absence; if two employees start on the exception same day the District shall hold a drawing. within one month of the Technology Scale, where “immediately qualified” starting date to determine relative seniority. (District Proposal 2-08-24) (District withdraws proposal 2/29/24) The employees and Association shall be present at this drawing. The District shall maintain a current seniority list.
b. Cultural or linguistic expertise shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time accordance with ORS 342.934(1)(b).
c. Temporary and probationary employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityreduced first.
3d. The District will transfer contract employees of courses scheduled for discontinuation to positions for which they apply and are qualified for under the following criteria:
i. The positions are open or held by temporary or probationary employees;
ii. Student employees shall not The applicant is qualified and licensed with norms for the courses to be used taught;
iii. The transfer allows the District to perform significant components maintain the proportion of the position of a laid off employee. It is agreed that this provision shall not apply teachers to students, whether paid students with cultural or unpaid, performing work in internships, graduate assistantships, practicums linguistic expertise compared to teachers without cultural or through other programs whose primary purpose is to satisfy a degree requirementlinguistic expertise.
4iv. The University shall make available Competence may be considered only if the district desires to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issuesretain a less senior employee over a more senior employee.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once Whenever in the University determines judgment of the need City Council or City Manager it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a layoff position no longer exists, it shall employ the following procedure:
1. If at City Council or City Manager may abolish any time during position or employment, and the layoff process an employee submits his notice of retirement, resignation holding such position or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University employment may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. or demoted without disciplinary action and without the right of appeal. The City will notify Association representatives, within a reasonable period of time, of any potential layoffs or work furloughs in order that potential alternatives to layoffs or work furloughs may be discussed and evaluated. In addition, the following layoff procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the affected classification who have active discipline at processing of layoffs.
A. The City shall give employees proposed for layoff not less than a 14-calendar-day advanced written notice of separation and the suspension (whether reason therefor. No regular full-time employee shall be separated under the layoff procedure from a working suspension department while emergency, seasonal, probationary, part-time, provisional, or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any temporary employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. are employed and serving in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated same classification in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualifieddepartment.
B. In each class within a department, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employeesaccording to employment status in the following order: temporary, provisional, probationary, and part-time regular. Temporary, provisional, and probationary employees cannot bump full-time employeesshall be laid off according to the needs of the service as recommended by the concerned department head and decided by the City Manager. SimilarlyIn cases where there are two or more regular employees in the class from which the layoff is to be made, temporary the following criteria are the determining factors:
1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: first, all employees cannot bump regular or funds available employeeshaving ratings of improvement needed; second, regardless all employees having ratings of senioritysatisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding.
32. Student Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the job, amount of sick leave used during the immediate 2 past fiscal years, etc.
C. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee's race, color, marital status, national origin, pregnancy, religion, sex, age, citizenship, physical disability, mental disability, or sexual orientation.
D. An employee who is laid off shall not receive a final pay check until the employee has turned in all City-owned equipment, including City identification card, and has cleared with the concerned department head the disposition of any clothing, tools, or other working materials that have been provided by the City, and has completed all exit interviews and forms which may be required by the City. The exit interview and appropriate forms shall be made available to employees prior to the layoff termination date.
E. Employees shall not be used to perform significant components of the position terminated as a result of a laid off employee. It layoff before they have been made a reasonable offer of reassignment if such offer is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementimmediately possible.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the F. An employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled designated to be laid off may bump into any vacant position available in the same class elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the City, and provided that the employee notifies the City Manager in writing of the employee's intent to exercise the bumping rights at least 10 calendar days prior to the proposed layoff effective date; otherwise, bumping rights shall be waived and barred to the employee. Thereafter, an employee may bump into any previously held position in the City provided the conditions noted above are met. An employee who is bumped shall be laid off according to the procedures outlined in this section and shall be considered laid off for the same reason as the person bumping and shall in the same manner be eligible to bump to a position in a class within the City in which the employee formerly held a regular position. Employees who have bumped down to a lower class due to a reduction in force shall not be laid off from his/her present job the lower class until all employees in the lower class, not previously affected by a layoff, have been laid off.
G. The intent of this paragraph is to avoid use of the layoff procedure by providing for voluntary transfers prior to layoffs. An employee in a classification in which a position has been designated for elimination may request a transfer to be transferred into a posted vacant bargaining unit position in the same or a lower classification for which the employee is immediately qualified qualified. Such transfer shall be subject to perform approval by the required work.
8City Manager. Seniority will continue In cases where the transfer was necessitated by said proposed job elimination, the service time in the position to accrue up which the employee has transferred shall be credited to eighteen service time in the position from which the employee transferred. The salary step and range assigned to the transferred employee shall be in accordance with this MOU (18) months during time spent on layoffalso see Article 24: Transfer, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.Article 7:
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Layoff Procedure. The Employer may lay off employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a reduction in the work force due to a shortage of work or funds, the abolition of positions, changes in departmental organization or for other reasons. Whenever a reduction in the work force occurs, the following procedure shall be utilized:
A. Once If a notice of reduction in the University determines work force is given pursuant to this section, for purposes of communication, the need for Employer, upon request, will meet with the Association to discuss the impact of such layoff.
B. The parties acknowledge that there are many non-paid volunteers or cooperative programs with pay that function in association with the Sheriff Department. The parties agree that in the event of a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where bargaining unit, these programs may continue in effect, but the layoff(s) occursEmployer agrees that the hours of work now scheduled for the cadets shall not be increased nor shall the police reserves or traffic squad be utilized to replace the patrol functions now performed by members of the bargaining unit. The University Qualified employees on layoff shall then lay off probationary employees be given the opportunity in accordance with their seniority to perform the same job classification and within the affected department(s). The University shall then lay off seasonal marine patrol duties, part-time employees with the same job classification and within the affected department(s)park police.
2. If further reductions are required, C. Part-time employees in the classification affected job classification(s) shall be laid off as follows:
a. any first, then probationary employees in shall be laid off providing that the affected classification who non- probationary employees have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41experience, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified qualifications and present ability to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” The next employee(s) to be laid off shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, employee with the exception of least bargaining unit seniority among the Technology Scaleclassification or rank reduced, where “immediately qualified” shall be defined as meeting provided, however, that the minimum remaining senior employees have the experience, qualifications for and the position present ability to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it Further layoffs shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours inverse order of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which seniority provided that the employee is immediately qualified remaining senior employees have the experience, qualifications and present ability to perform the required work.
8. Seniority will continue D. If a sergeant is to accrue up be reduced, the employee with the least rank seniority shall be laid off first, provided that the remaining senior sergeants have the experience, qualifications and present ability to eighteen (18) months during time spent on perform the required work.
E. Upon being laid off, a sergeant, if he so requests shall be, in lieu of layoff, demoted to a patrol officer provided, however, that he has the required qualifications and that he has the greater bargaining unit seniority than the employee whom he is to replace. An ECS II, if he so requests, upon being laid off, shall retain all be, in lieu of layoff, demoted to an ECS I position, An ECS I, if he so requests, upon being laid off, shall be, in lieu of layoff, demoted to an ECO II, An ECO II if he so requests, upon being laid off, shall be, in lieu of layoff, demoted to an ECO I, provided, however, that he has the required qualifications and that he has the greater bargaining unit seniority accumulated prior than the employee whom he is to layoffreplace.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once the University determines the need for Whenever there is a layoff exists, it shall employ reduction in staff in any job classification the following procedureprocedure shall apply:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(sa) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time Probationary employees shall be laid off before full-time employees, and part-time first providing those employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used entitled to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union remain can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8b) The most junior of the employees in the job classification in the department affected shall review available jobs in all other departments on the same shift, provided they can learn the job in a reasonable amount of time. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, The Company and the employee shall retain Chief Xxxxxxx will jointly determine where the bumping will begin on each shift. In all seniority accumulated prior to layoffcases, employees selecting another job during this process understand that once a job selection is made, the decision is binding.
9. Employees laid off while serving his/her initial probationary period or c) Those employees who eventually become surplus after (a) and (b) above shall review available jobs in all other departments on other shifts, provided they can learn the job in a temporary position (reasonable amount of time. The Company and the Chief Xxxxxxx will jointly determine where the bumping will begin on other shifts. In all cases, employees selecting another job during this process understand that once a job selection is made, the decision is binding. Notwithstanding this, employees shall have the right to accept layoff rather than an employee hired for a specific project or hired with a defined end date) inter-shift transfer and such employees will not be entitled to placementthe layoff notice or work week guarantee.
d) Employees shall be given notice of layoff on the basis of two (2) working day’s notice for each completed six (6) months service, bumping or recall rightsbut with a minimum of two (2) working days, subject to the requirements of the Employment Standards Act, to a maximum of ten (10) working days.
e) Employees when laid off shall be entitled to their weekly guarantee as set out in Schedule B.01 for the week in which such notice is given and for each full week of notice required.
f) Subject to B.01, the guarantee for less than full weeks shall be that fraction of thirty-eight
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff Procedure. A. Once A layoff is defined as a separation from service for involuntary reasons, other than resignations, not reflecting discredit on an employee. An employee and the University determines the need for a layoff exists, it Union shall employ the following procedure:
1. If at any time during the layoff process an employee submits his be given written notice of retirement, resignation or volunteers layoff at least fifteen (15) calendar days before the effective date stating the reasons for the layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in (a) The Agency shall determine the affected job classification(sspecific positions to be vacated.
(b) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified Separate layoff lists will apply to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees canin a classification. Any full-time regular status employee shall be permitted to displace a part-time employee with less seniority. However, part-time employees shall not bump displace full-time employees. Similarly, temporary employees An initial trial service employee cannot bump displace any regular status employee.
(c) Temporary employees working in the classification and geographic area in which the layoff occurs shall be terminated before the layoff of trial service or funds available regular status employees.
(d) A regular status employee notified of a pending layoff shall select one (1) of the following options, and communicate such choice in writing to the Agency’s Appointing Authority within five (5) calendar days from the date of receipt of the written layoff notice:
(1) The employee may displace the employee in the Agency with the lowest seniority in the same classification for which he/she is qualified in the same geographic area in the Agency where the layoff occurs and regardless of senioritybargaining unit representation.
(2) If no positions are accessible under Section 1, subsection (d) (1), the employee may bump the employee in the Agency with the lowest seniority in the same geographic area in any classification within the same salary range in which the employee held regular status, including any predecessor classifications.
(3) The employee may demote to the lowest seniority position in any classification for which he/she is qualified within the Agency and geographic area and regardless of bargaining unit representation provided the employee has exhausted his/her option for placement under Section 1(d) (1).
(4) The employee may elect to be laid off. Student employees shall not His/her name will be used to perform significant components placed on the Agency Layoff List in seniority order.
(e) An employee exercising option 1(d) (1) or (2) must meet the minimum qualifications of the position as stated in the class specification, plus any special qualifications stated in the position description and must be capable of a laid off performing the specific requirement of the position within two (2) weeks. The Agency shall be the sole determinant of whether the employee is capable of performing such duties. The Agency’s decision can be grieved by the affected employee. It is agreed that this provision shall If an employee cannot apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leavemeet these requirements, the employee on leave shall receive may displace or demote to the next lowest seniority position in the classification, provided that the incumbent in the next lower position has lower seniority than the employee displacing or demoting in the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for geographic area in which the employee layoff is immediately qualified to perform the required worktaking place.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once Consistent with the University determines foregoing, in the need for event that the Board finds it necessary to reduce the number of covered employees through layoff of employment, or reduce the number of employees in a layoff existsgiven job, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirementfield or program, resignation or volunteers for layoffeliminate or consolidate positions, or eliminate a program altogether, the University will review its Board shall determine the order of layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any A. All temporary and substitute employees in working within the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, orjob will be laid off first.
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining B. All probationary employees within the department or unit must affected job shall then be immediately qualified to perform laid off.
C. Employees with the required work. For purposes least amount of layoff, placement, bumping, and recall, “immediately qualified” shall accrued seniority within the job will be defined as meeting the minimum and preferred qualifications for laid off.
D. The employee who occupies the position which has been eliminated will be bumped to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee meets the qualifications as determined by the administration, which is immediately qualified occupied by the employee with the least seniority within the Unit, which is equal to perform or greater than the required worksame work year and work hours or the job with the least amount of economic impact on the affected employee, provided the employee has seniority over that employee. Determination of qualifications will include, but will not be limited to, consideration of the employee's education and training, experience, and personal qualities.
8E. In the event the Board determines that multiple layoffs are necessary, the Board agrees to meet with the Union Stewards and representatives prior to effectuating layoffs to discuss alternatives to such layoffs. Seniority The administration will continue decide all matters related to accrue up such layoffs.
F. An employee who has bumped pursuant to eighteen this procedure will be subject to a trial period of thirty (1830) months working days during time spent on layoff, and which the employee shall retain must demonstrate the ability to satisfactorily perform all seniority accumulated of the duties of the position. This period may be extended to a maximum of eighty (80) days at administrative discretion. If the employee does not succeed the employee will be laid off.
G. Employees will be given at least thirty (30) working days notice of layoff or shorter notice as necessitated by special circumstances. In no event, will employees be given less than fifteen (15) working days notice, in writing, prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once The Employer shall schedule a special Labor/Management meeting at least sixty (60) days prior to implementing paragraph 3 below of this layoff procedure when a district wide reduction in hours may result in one or more employees being laid-off. During the University determines Labor/Management discussion the Employer shall specify the need for a layoff exists, it the reduction of staff and the severity of the reduction. At this meeting the Employer shall employ provide the Union with the following procedureinformation:
1. If at any time during Updated seniority lists (District and Building/Workgroup)
2. Documentation to support the layoff process an employee submits his notice necessity for the reductions
3. Plan of retirementaction, resignation or volunteers for including the timelines the Employer is considering
B. Prior to implementing A3 above of this procedure, the Union shall have the opportunity to call a follow-up Labor/Management meeting to discuss alternative solutions to the layoff, or solutions that may lower the University impact of such a layoff.
C. Employees will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall be laid-off employee(s)by:
1. The University shall first lay off non-bargaining unit temporary employees with reduction in Hours Procedure for the same job classification and within IA workgroup, provided that the department(sDistrict may elect to perform a layoff through section 3(b) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)of this procedure at their discretion.
2. If further reductions Classification in inverse order of district seniority for all workgroups other than IA’s. Those with the lowest seniority will be the first selected.
D. An employee selected for layoff may displace the most junior employee in another building/workgroup, by district seniority, for which the senior employee is qualified and which does not result in a wage increase. In lieu of displacing a junior employee, a senior employee identified for layoff may elect layoff. When employees are required, identified for layoff from buildings they shall be ordered on a list (Bumping Pool) with the District in order of District seniority. The District shall identify the number of employees that will be laid-off and develop a list of lowest District seniority employees (Bumping List). Those employees in the affected Bumping Pool may select a job classification(s) from a junior employee on the Bumping List or elect layoff and such selection/election shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritywriting.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to E. Employees who are laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers or placed in a different workgroup will be placed in a recall pool for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen one (181) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoffyear.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once A layoff is defined as a separation from the University determines service for involuntary reasons, other than resignations, not reflecting discredit on an employee. An employee and the need Union shall be given written notice of layoff at least fifteen (15) calendar days before the effective date stating the reasons for the layoff.
a. The Agency shall determine the specific positions to be vacated.
b. Layoff lists will apply to employees in a classification. Any regular status employee shall be permitted to displace an employee in the same classification with less seniority.
c. A regular status employee notified of a pending layoff may elect to be laid off or has the options listed below:
(1) The employee may displace the employee in the same classification who is the least senior trial service employee or who is the least senior regular status employee if there are no trial service employees. To displace either a trial service or regular status employee, the displacing employee must:
(a) Have greater seniority than the trial service or regular status employee;
(b) Meet any special qualifications for the position as shown in the class specification and the position description; and
(c) Be capable of performing the specific requirements of the position within thirty (30) days. If the displacing employee does not meet these criteria for the position held by the least senior employee in the same classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a layoff existsposition in the same classification.
(2) If no option is available in subsection (1) above, it shall employ the following procedureemployee may demote and displace the employee in a lower classification who is the least senior trial service employee or who is the least senior regular status employee if there are no trial service employees, and:
1(a) Have greater seniority than the employee to be displaced;
(b) Meet any minimum or special qualifications for the position;
(c) Have previously held regular status in the lower classification, including any predecessor classification; and
(d) Be capable of performing the specific requirements of the position within thirty (30) days. If at any time during the layoff process an displacing employee submits his notice of retirement, resignation does not satisfy the above requirements or volunteers for layoffthe position held by the least senior employee in the relevant lower classification, the University Agency will review its layoff rationale. Where appropriate, continue to make this determination for the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with position held by the same job classification and within next least senior employee until the department(s) where displacing employee meets the layoff(s) occurs. The University shall then lay off probationary employees with requirements for a position in the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)lower classification.
2. If further reductions are required, employees d. No trial service or regular status employee in the affected job classification(s) a particular office or duty station shall be laid off as follows:
a. any employees while a temporary employee in the affected classification who have active discipline same class is employed at the suspension (whether a working suspension same particular office or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityduty station.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once a) In the University determines event that a reduction of the need for a work force in any of the Employer’s Divisions is required, the Employer agrees to adjust its workforce and layoff exists, it shall employ separately full-time and part-time Employees in the following procedureorder, subject to the provisions of (b) below:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees Employee(s) with the same job classification and within least amount of seniority in the department(s) where Division affected, will be displaced from the layoff(s) occurs. The University shall then lay off probationary employees with Division in sufficient number so as to provide for the same job classification and within required work force adjustment in the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).Division, and
2. If further reductions are required, employees An Employee displaced from a Division in accordance with (1) above will be considered for employment in some other Division of the affected job classification(sEmployer. Any resultant layoff will occur on the basis of seniority with the Employer.
b) shall be laid off as follows:
a. any employees in This displacement and/or layoff of an Employee will only occur on the affected classification basis that the senior Employee who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately retains employment is qualified and able to perform the required workwork available. For purposes This displacement and/or layoff shall not be made in a manner that is arbitrary or in bad faith.
c) Where possible, the Employer shall give the Union sixty (60) days notice in writing in the event that the Employer is considering reductions and/or closure of layoffprograms, placement, bumping, and recall, “immediately qualified” services or supports; layoffs; restructuring; or any other initiatives that would impact the job security of bargaining unit members. The Employer shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, meet with the exception Union within five (5) working days of the Technology Scale, where “immediately qualified” written notice at which time the Employer shall be defined as meeting discuss with the minimum qualifications for Union the position issues giving rise to perform the required worknotice. In determining whether the employee is immediately qualifiedIf indefinite layoffs are being considered, the University parties shall give consideration discuss all reasonable options such as attrition, redeployment, voluntary leaves of absence, retraining and voluntary exit plans.
d) In the event of a layoff of a permanent or long-term nature, the Employer will provide affected Employees with two (2) weeks notice for each year of service to abilitya maximum of twelve (12) weeks, aptitude, skill, experience, qualifications as stated provided the affected Employee has more than twelve (12) months service. Employees with less than twelve (12) months’ service will be entitled to notice in accordance with the job description. The determination of qualifications is the responsibility provisions of the UniversityEmployment Standards Act. If Should the University determines that an employee is not qualifiedEmployer and the Union agree to a different method of implementation, such agreement shall take precedent over the employee shall have the right to grieve such decision. Part-time other terms and conditions of this Collective Agreement.
e) Unless otherwise required by legislation or by Government directive (stemming from legislative regulations), should job qualifications change, employees shall will be laid off before deemed qualified in their current position and status (e.g. full-time employees, and versus part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritytime).
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff Procedure. A. Once the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” 27.1 Layoff shall be defined as meeting an elimination of a full-time, part-time (but excluding probationary, temporary and per diem) positions (numbers or entire category). The Employer will first seek volunteers in the minimum and preferred qualifications for the position department, clinic or network wide group impacted who are willing to perform the work, with the exception be reassigned or to be laid off in lieu of the Technology Scale, where “immediately qualified” employee(s) whose position is identified to be eliminated. Individuals who volunteer to be laid off will retain the right to be placed on the rehire list. Layoff seniority shall be defined as meeting an employee’s continuous length of service in calendar days from most recent date of hire. Service of less than full time shall be considered full time. Ties in seniority will be broken by using compensable hours (excluding overtime). Except in emergency situations or unforeseeable conditions beyond the Employer’s control, employees identified for layoff and the union shall be given at least thirty (30) calendar days’ notice prior to the abolishment of the positions. The notice shall include the effective date of the layoff. The Employer shall identify the position to be eliminated and employee(s) to be affected. Layoff shall be by seniority within the department, clinic or network wide group. Any employee being laid off shall be offered the following options:
a. If applicable, accept a funded vacant posted position in which they have previously worked. The employee shall meet the essential skills (defined as the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated listed in the job descriptiondescription and any specific position requirements or credentialing as determined by the Employer) of the position. The determination of qualifications is employee will be given up to five (5) calendar days to determine if he/she wants to accept the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityvacant position.
3. Student employees shall not b. Accept layoff and be used to perform significant components of placed on the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementrehire list for twelve (12) months.
4. The University shall make available to laid-off employees, prior to their c. Accept layoff date, job and career advising and information decline placement on benefitsthe rehire list. Upon the Union’s request, the University Employer and the Union shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services meet promptly during this time the first seven (7) calendar days of the thirty (30) calendar day notice period to deal with any stress-related issues.
5. If discuss the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, reasons and the employee shall retain all seniority accumulated prior time-lines for the layoffs and to review any suggestions concerning possible alternatives to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once The GM may layoff, without prejudice, any regular employee due to lack of appropriate funds, curtailment or lack of work, or other reasons. Such layoff shall take effect ten (10) working days after the University determines receipt by the need for employee of a notice in writing of the proposed layoff existsaction. Layoffs shall be by classification within each Department. When it becomes necessary to reduce the number of employees within a given employee classification, it shall employ the GM, or designee, will lay off employees in the following procedureorder:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)Temporary employees.
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time Probationary employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementRegular part‐time employees.
4. The University shall make available to laid-off In the layoff of regular full‐time employees, prior first consideration shall be given to their layoff dateseniority, job subject to the employee’s past performance and career advising and information on benefits. Upon request, the University shall provide reasonable access employee’s qualifications to personal computers, and copiers for use in preparing resumes and cover letterssatisfactorily perform the job. Employees shall also have access to EAP services during this time permanently laid off as a result of their work being subcontracted by the Authority will receive three (3) months of base wages as severance pay and will receive medical, dental and vision premium contributions for the three (3) month period to deal with any stress-related issues.
5following the effective date of the layoff. If the work force is to be reducedAdditionally, it employees shall be accomplished by layoff and not by any hours reduction. Only by agreement between entitled to compete for job openings at the employee, University and Union can Authority for which they qualify on the regular hours of employees be reduced.
6. If a layoff occurs during same basis as in‐house candidates for a period of unpaid leave, up to one (1) year from the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7date of layoff. Any employee scheduled to be Employees who have been laid off from his/her present job may request to be transferred into will have a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority recall period of one (1) year wherein they will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placementrecall in inverse order of layoff. In the event they are recalled, bumping or employees must pass a physical, drug screen, and background check, all of which will be at the Authority’s expense. Such employee shall report to work no later than fifteen (15) calendar days from receipt of notice from the Authority to report to work, but will be granted a reasonable extension of time upon their request, showing a justifiable reason why they will be unable to report to work on the date specified. All notices required to be sent under this section will be sent to the employee at the last address filed by them in writing with the Authority. There shall be no obligation on the part of the Authority to recall rightsan employee who fails to keep their mailing address on file with the Authority. The probationary period for regular employees who are rehired following layoff from Authority service will be waived.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Layoff Procedure. A. Once 13.1.4.1 Layoffs will only be implemented upon sixty (60) day notice as provided by law.
13.1.4.2 Employees affected by layoff shall be sent written notice not less than sixty (60) days prior to the University determines effective date of the need layoff.
13.1.4.3 The District shall make good faith efforts to reduce or avoid layoffs by voluntary reassignments and voluntary transfers to positions of previous seniority and by voluntary early retirement.
13.1.4.4 The District shall personally serve or send notices of layoff to employee(s) in position(s) designated by Board action for a layoff existsand send copies to Local 1021. Failure to notify employees only under the provisions of the Education Code shall invalidate the layoff. The notice shall specify the reason(s) for the layoff and shall identify the employee to be laid off, it and the classification. The notice shall employ contain options available to the following procedureemployee as outlined in the Education Code and the Memorandum of Understanding and an invitation to the employee to come to the Personnel Office to confirm his/her seniority. Remedy for any failure of compliance with this contract relating to layoff shall not include reinstatement or back pay except for failure to fulfill the requirements of the Education Code. In this first (1st) notice, the employee(s) options shall be:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall a. To be laid off as follows:and go on the reemployment list for thirty-nine (39) months.
a. b. The right to bump into any employees position in the affected same classification occupied by an employee with less seniority who have active discipline at has the suspension (whether a working suspension same or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, orfewer hours.
c. If the employee has previously accrued seniority in a classifications(s), the inverse order of right to bump into a position in that classifications(s) provided the position is held by an employee with less seniority. In such event, employees subject to layoff shall be permitted to bump into the position held by the least senior person in each classification, which provides the same or similar hours. In the event that more than one employee is eligible to bump into the same classification, the number of available positions will equal the number of employees eligible to bump and the most senior eligible employee shall have first selection from among the available positions.
d. The remaining employees within right to transfer to an equal or lower classification if he/she possesses the department or unit must be immediately qualified minimum qualifications to perform the required work. For purposes duties thereof, if there exists a vacancy in that class and if the interviewing supervisor and commission approve.
e. The right to accept a service retirement in lieu of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once 31.1. Nothing herein will be construed to require the University determines District to fill vacant, budgeted positions nor to prohibit the need District from eliminating vacant positions from the budget. The District reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2. If, in the sole discretion of District’s management, personnel reductions are necessary, layoff order and recall lists will be developed based upon job classification, priority of function, job performance, individual qualifications and seniority. The Local 501 and employees subject to lay off will be provided with at least two (2) weeks notification in writing whenever possible.
31.3. Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such request must be made in writing to the Human Resources Department within five (5) days of receipt of the Layoff Notice. The salary of an employee who voluntarily demotes will be unchanged, except that it may not exceed the top of the range for the lower level classification.
31.4. Recall lists will be developed for all classifications experiencing personnel reductions, and will be maintained for a layoff exists, it shall employ period of two (2) years from the following procedure:
1date of layoff. If at any time during Individuals will be placed on the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. list in the inverse order of senioritylayoff, so that the last person laid off is the first recalled. The remaining employees When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment will be made to the individual on the top of the list. That individual must respond to the offer within five (5) days, or the department offer will be made to the next person on the list. An individual who either does not respond or unit refuses three (3) consecutive offers will have his/her name removed from the list.
31.5. All notification and responses must be immediately qualified to perform the required workin writing and delivered either in person or by Certified Mail. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications It is the responsibility of all employees to keep the University. If the University determines that an employee is not qualifiedHuman Resources Department informed of their current address, the employee shall have the right to grieve such decision. Part-time employees shall or where they may be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritycontacted.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Layoff Procedure. A. Once A layoff is defined as a separation from service for involuntary reasons, other than resignations, not reflecting discredit on an employee. An employee and the University determines Union shall be given written notice of layoff at least fifteen (15) calendar days before the need effective date stating the reasons for a the layoff. The layoff exists, it procedure shall employ occur in the following proceduremanner:
1. If at any time during (a) The Agency shall determine the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)specific positions to be vacated.
2. If further reductions are required, employees in the affected job classification(s(b) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified Separate layoff lists will apply to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees canin a classification. Any full-time regular status employee shall be permitted to displace a part-time employee with less seniority. However, part-time employees shall not bump displace full-time employees. Similarly, temporary employees An initial trial service employee cannot bump displace any regular status employee.
(c) Temporary employees working in the classification and geographic area in which the layoff occurs shall be terminated before the layoff of trial service or funds available regular status employees.
(d) A regular status employee notified of a pending layoff shall select one (1) of the following options, and communicate such choice in writing to the Agency’s Appointing Authority within five (5) calendar days from the date of receipt of the written layoff notice:
(1) The employee may displace the employee in the Agency with the lowest seniority in the same classification for which he/she is qualified in the same geographic area in the Agency where the layoff occurs and regardless of senioritybargaining unit representation.
(2) If no positions are accessible under Section 1, subsection (d) (1), the employee may bump the employee in the Agency with the lowest seniority in the same geographic area in any classification within the same salary range in which the employee held regular status, including any predecessor classifications.
(3) The employee may demote to the lowest seniority position in any classification for which he/she is qualified within the Agency and geographic area and regardless of bargaining unit representation provided the employee has exhausted his/her option for placement under Section 1(d) (1).
(4) The employee may elect to be laid off. Student employees shall not His/her name will be used to perform significant components placed on the Agency Layoff List in seniority order.
(e) An employee exercising option 1(d) (1) or (2) must meet the minimum qualifications of the position as stated in the class specification, plus any special qualifications stated in the position description and must be capable of a laid off performing the specific requirement of the position within two (2) weeks. The Agency shall be the sole determinant of whether the employee is capable of performing such duties. The Agency’s decision can be grieved by the affected employee. It is agreed that this provision shall If an employee cannot apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leavemeet these requirements, the employee on leave shall receive may displace or demote to the next lowest seniority position in the classification, provided that the incumbent in the next lower position has lower seniority than the employee displacing or demoting in the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for geographic area in which the employee layoff is immediately qualified to perform the required worktaking place.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once In the University determines the need for event of a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off entitled to move as follows:
a. any employees in i. Accept the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, layoff; or
b. any employees ii. Displace another employee who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified has lesser Bargaining Unit seniority subject to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for requirements of the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitudeincluding knowledge, skill, experience, qualifications as stated in ability and qualifications
18:02 RECALL PROCEDURE
a) Employees shall only be recalled by telephone with follow-up notification by mail to the job descriptionlast known address. The determination of qualifications It is the responsibility of the Universityemployee to inform the Board of any changes to their mailing address. If Employees shall be recalled in order of seniority to a position within the University determines that an employee is not qualified, bargaining unit provided the employee subject to recall has the abilities and qualifications to perform the duties. In the event that telephone contact cannot be made, it is understood that notification by mail is deemed to have occurred five (5) days after being sent.
b) It is the sole responsibility of the employee who has been recalled to notify the Board of their intention to return to work within seven (7) days from the date of recall. The employee shall return to work within twenty- one (21) days from the date of recall, or such other time as mutually agreed.
c) Where the employee fails to notify the Board of their intention to return to work in accordance with b) they shall lose all seniority and be deemed to have quit the right to grieve such decision. Part-time employees employ of the Board.
d) Recall rights shall be open to those laid off before fullemployees for a period of thirty-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless six (36) months from the date of layoff without loss of seniority.
3i) Employees have the option to accept or decline a position inside their attendance area or remain on the recall list. Student employees shall not be used If recall is offered to perform significant components a position within the employee’s attendance area, of the position equal pay and hours of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon requestformer position, the University employee may decline the first offer of recall, however, should an employee decline such recall a second time they shall provide reasonable access be deemed to personal computershave resigned;
ii) Employees have the option to accept or decline a position outside of their attendance area or remain on the recall list
e) For the purposes of this clause, attendance areas are defined as follows: Kenora (including Kenora and Sioux Narrows) Red Lake Ear Falls Dryden (including Vermilion Bay, Oxdrift, Dryden, and copiers for use Wabigoon) Ignace Sioux Lookout (including Sioux Lookout and Xxxxxx)
f) Employees on recall may choose to continue to participate in preparing resumes and cover letters. Employees shall also have access the group benefit plan at 100% premium cost to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can paid monthly in advance. Failure to provide payment will result in cancellation of the regular hours of employees be reducedemployee’s coverage.
6. If a layoff occurs during a period of unpaid leave19:01 No work which is normally or customarily performed by employees within job classifications covered by this collective agreement, shall be subcontracted by the employee on leave shall receive the same rights under this Agreement upon return Board to work as other employeesany outside source or agency excluding grant funded student placements.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff Procedure. A. Once Whenever in the University determines judgment of the need City Council or City Manager it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a layoff position no longer exists, it shall employ the following procedure:
1. If at City Council or City Manager may abolish any time during position or employment, and the layoff process an employee submits his notice of retirement, resignation holding such position or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University employment may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. or demoted without disciplinary action and without the right of appeal. The City will notify association representatives, within a reasonable period of time, of any potential layoffs or work furloughs in order that potential alternatives to layoffs or work furloughs may be discussed and evaluated. In addition, the following layoff procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the affected classification who have active discipline at processing of layoffs.
A. The City shall give employees proposed for layoff not less than 14 calendar days advance written notice of separation and the suspension (whether reason therefor. No regular full-time employee shall be separated under the layoff procedure from a working suspension department while emergency, seasonal, probationary, part-time, provisional, or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any temporary employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. are employed and serving in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated same classification in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualifieddepartment.
B. In each class within a department, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employeesaccording to employment status in the following order: temporary, provisional, probationary, and part-time regular. Temporary, provisional, and probationary employees cannot bump full-time employeesshall be laid off according to the needs of the service as recommended by the department head and decided by the City Manager. SimilarlyIn cases where there are two or more regular employees in the class from which the layoff is to be made, temporary the following criteria are the determining factors:
1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: first, all employees cannot bump regular or funds available employeeshaving ratings of improvement needed; second, regardless all employees having ratings of senioritysatisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding.
32. Student Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the job, amount of sick leave used during the immediate two past fiscal years, etc.
C. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee's race, color, marital status, national origin, religion, sex, age, citizenship, or physical handicap.
D. An employee who is laid off shall not receive a final pay check until the employee has turned in all City-owned equipment, including City identification card, and has cleared with the department head the disposition of any clothing, tools, or other working materials that have been provided by the City, and has completed all exit interviews and forms which may be required by the City. The exit interview and appropriate forms shall be made available to employees prior to the layoff termination date.
E. Employees shall not be used to perform significant components of the position terminated as a result of a laid off employee. It layoff before they have been made a reasonable offer of reassignment if such offer is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementimmediately possible.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the F. An employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled designated to be laid off may bump into any vacant position available in the same class elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the City, and provided that the employee notifies the City Manager in writing of the employee's intent to exercise the bumping rights at least 10 calendar days prior to the proposed layoff effective date; otherwise, bumping rights shall be waived and barred to the employee. Thereafter, an employee may bump into any previously held position in the City provided the conditions noted above are met. An employee who is bumped shall be laid off according to the procedures outlined in this section and shall be considered laid off for the same reason as the person bumping and shall in the same manner be eligible to bump to a position in a class within the City in which the employee formerly held a regular position. Employees who have bumped down to a lower class due to a reduction in force shall not be laid off from his/her present job the lower class until all employees in the lower class, not previously affected by a layoff, have been laid off.
G. The intent of this paragraph is to avoid use of the layoff procedure by providing for voluntary transfers prior to layoffs. An employee in a classification in which a position has been designated for elimination may request a transfer to be transferred into a posted vacant bargaining unit position in the same or a lower classification for which the employee is immediately qualified qualified. Such transfer shall be subject to perform approval by the required workCity Manager. In cases where the transfer was necessitated by said proposed job elimination, the service time in the position to which the employee has transferred shall be credited to service time in the position from which the employee transferred. The salary step and range assigned to the transferred employee shall be in accordance with the City Personnel Manual and the salary plan.
8H. The City Manager may approve the appointment of an employee who is to be laid off to an existing vacancy in a lower class for which the employee is qualified without requiring an examination, provided the department head so recommends.
I. The names of regular employees who have been laid off or bumped down due to reduction in force shall be placed on an appropriate layoff reemployment list according to date separated or bumped down and shall be eligible for reemployment. Seniority The last employee laid off or bumped down shall be the first employee on the list, with other employees listed in sequential order thereafter. Each employee on the layoff reemployment list shall remain on that list for 1 year, at which time the list expires unless extended by the City Manager. Names of employees not responding to written notification of an opening within 10 working days shall be removed from the reemployment list. The City Manager can extend the active period of the reemployment list or individual employee's eligibility on such list for a 6-month period as determined to be in the best interests of the City.
J. Notice of recall from layoff shall be by return-receipt-requested mail and shall specify the date for reporting to work, which shall not be more than 21 calendar days from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City and attempted delivery or delivery is certified by the Postal Service. Upon receiving notice, the person on layoff shall have 5 calendar days to accept or decline the recall opportunity. An employee who fails to respond within the 5 calendar days, refuses recall, or fails to report on the prescribed date within the 21 calendar days maximum thereby waives all further right to recall and reinstatement as an employee. Where recall is declined, the City will proceed to the next name on the reemployment list and follow the same notice and response procedure. This process will continue to accrue up to eighteen (18) months during through the list until recall needs are met on the list or the list is exhausted.
K. A person appointed from a reemployment list must serve a new probationary period if recall from such list occurs more than 90 calendar days after the effective date of layoff. The new probationary period in such circumstances shall be 6 months.
L. Reemployed employees shall receive the following:
1. Retention of full-time spent on layoff, and service seniority accrued at the employee shall retain all seniority accumulated prior to date of layoff.
92. Employees The salary for the classification in effect as of the date of return, at the same step as the date of layoff.
3. The accrual rate of vacation and sick leave in effect for the employee's seniority level and class at the time of rehire.
4. All the benefits or programs in effect at the time of layoff shall be forfeited unless they are still applied to the classification or salary range at the time of rehire or provided to new hires as of that date.
M. An employee who elects to resign in lieu of layoff, or while laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be off, shall forfeit all rights to reemployment and is entitled only to placement, bumping or recall rightsthose rights related to severance from City employment.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Layoff Procedure. A. Once the University determines the need for A layoff is defined as a layoff exists, it shall employ the following procedure:
1. If at situation where any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)teaching assignments have been reduced.
2. If further reductions are required, employees in the affected job classification(s) B. Probationary teachers shall be laid off as follows:first. A probationary teacher shall not be laid off unless there is a tenure teacher who is certified, highly qualified, and available to perform the duties of the position the probationary teacher is vacating or unless the position that the probationary teacher is vacating is being eliminated altogether.
a. any employees C. If the reduction of certified teachers is still necessary, then tenured teachers in the affected classification specific positions being reduced or eliminated shall, on the basis of seniority, have the right to replace any lessor seniored teacher for which the replacing teacher is certified and highly qualified. The teacher(s) exercising this "right to replace" must give written notice of such intent to the office of the Superintendent within four (4) business days of the Administration's issuance of the Notice of Reductions. If no notice is timely given to the Administration, the Administration may assign the teacher to another position for which the teacher is certified and highly qualified. This process shall continue until no further replacements can occur and those teachers who have active discipline at cannot replace another teacher because of certification, highly qualified status, or seniority shall be laid off.
D. Seniority in the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41district, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periodspurposes of the Agreement, orshall mean continuous full or part-time employment in the district, including substitute service by laid off bargaining unit members. Except that substitute service shall be credited on the seniority list as one year when ninety-one (91) work days have been completed within the same school year. Teachers will receive credit for leaves of absence in accordance with the provisions of the Article IX.
c. A. Recall shall be in the inverse order of seniority. The remaining employees within layoff, i.e., those laid off last will be recalled first, provided, however, the department or unit must be immediately teacher is certified and highly qualified to perform teach the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position specific course(s).
B. Certified personnel who are laid off pursuant to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall this article have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, become additionally certified and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of highly qualified and replace the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work least seniored teacher in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the laid off person qualifies for up to four (4) years following their layoff after which time the laid off employee is immediately has no further rights under this contract. This placement will only occur at the beginning of a semester. The Administration must be notified twenty (20) days before the start of the semester of the change in the teacher's certification or highly qualified to perform the required workstatus.
8. C. Seniority will continue to accrue up to eighteen only for three (183) months during time spent years while on district layoff, and . This level of seniority shall be frozen after three (3) years unless the employee teacher substitutes. Substitute service shall retain all be credited on the seniority accumulated prior to layofflist as one year when ninety-one (91) work days have been completed in one school year.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Layoff Procedure. A. Once A layoff is defined as a separation from service for involuntary reasons, other than resignations, not reflecting discredit on an employee. An employee and the University determines Union shall be given written notice of layoff at least fifteen (15) calendar days before the need effective date stating the reasons for a the layoff. The layoff exists, it procedure shall employ occur in the following proceduremanner:
1. If at any time during (a) The Agency shall determine the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)specific positions to be vacated.
2. If further reductions are required, employees in the affected job classification(s(b) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified Separate layoff lists will apply to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees canin a classification. Any full-time regular status employee shall be permitted to displace a part-time employee with less seniority. However, part-time employees shall not bump displace full-time employees. Similarly, temporary employees An initial trial service employee cannot bump displace any regular status employee.
(c) Temporary employees working in the classification and geographic area in which the layoff occurs shall be terminated before the layoff of trial service or funds available regular status employees.
(d) A regular status employee notified of a pending layoff shall select one (1) of the following options, and communicate such choice in writing to the Agency’s Appointing Authority within five (5) calendar days from the date of receipt of the written layoff notice:
(1) The employee may displace the employee in the Agency with the lowest seniority in the same classification for which they are qualified in the same geographic area in the Agency where the layoff occurs and regardless of senioritybargaining unit representation.
(2) If no positions are accessible under Section 1, subsection (d) (1), the employee may bump the employee in the Agency with the lowest seniority in the same geographic area in any classification within the same salary range in which the employee held regular status, including any predecessor classifications.
(3) The employee may demote to the lowest seniority position in any classification for which they are qualified within the Agency and geographic area and regardless of bargaining unit representation provided the employee has exhausted their option for placement under Section 1(d) (1).
(4) The employee may elect to be laid off. Student employees shall not Their name will be used to perform significant components placed on the Agency Layoff List in seniority order.
(e) An employee exercising option 1(d) (1) or (2) must meet the minimum qualifications of the position as stated in the class specification, plus any special qualifications stated in the position description and must be capable of a laid off performing the specific requirement of the position within two (2) weeks. The Agency shall be the sole determinant of whether the employee is capable of performing such duties. The Agency’s decision can be grieved by the affected employee. It is agreed that this provision shall If an employee cannot apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leavemeet these requirements, the employee on leave shall receive may displace or demote to the next lowest seniority position in the classification, provided that the incumbent in the next lower position has lower seniority than the employee displacing or demoting in the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for geographic area in which the employee layoff is immediately qualified to perform the required worktaking place.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once the University determines the need for a layoff existsEmployees hired prior to January 1, it 2000, who continue to perform their duties satisfactorily, shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall not be laid off as follows:
a. for lack of work or lack of funds from the effective date of this contract through October 31, 2002. Nothing herein shall be construed to require the District to fill vacant, budgeted positions nor to prohibit the District from eliminating vacant positions from the budget. The District reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work. The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel who were hired after January 1, 2000 and for any employees layoffs which occur after November 1, 2002. If, in the affected classification sole discretion of District management, personnel reductions are necessary, layoff order and recall lists shall be developed based upon job classification, priority of function, job performance, individual qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two weeks notification in writing, whenever possible. Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such requests must be made in writing to the Human Resources Department within five days of receipt of the Layoff Notice. The salary of an employee who have active discipline at voluntarily demotes shall be unchanged, except that it may not exceed the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) maximum rate of the range for the lower level classification. Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be maintained for a period of two most recent performance evaluation rating periods, or
c. years from the date of layoff. Individuals shall be placed on the list in the inverse order of senioritylayoff, so that the last person laid off is the first recalled. The remaining employees When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the top of the list. That individual must respond to the offer within five days, or the department offer shall be made to the next person on the list. An individual who either does not respond or unit refuses three consecutive offers shall have their name removed from the list. All notification and responses must be immediately qualified to perform the required workin writing and delivered either in person or by Certified Mail. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications It is the responsibility of all employees to keep the University. If the University determines that an employee is not qualifiedHuman Resources Department informed of their current address, the employee shall have the right to grieve such decision. Part-time employees shall or where they may be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritycontacted.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Layoff Procedure. A. Once A layoff is defined as a separation from the University determines service for involuntary reasons, other than resignations, not reflecting discredit on an employee. An employee and the need Union shall be given written notice of layoff at least fifteen (15) calendar days before the effective date stating the reasons for a the layoff. The layoff exists, it procedure shall employ occur in the following proceduremanner:
1a. The Agency shall determine the specific positions to be vacated.
b. Layoff lists will apply to employees in a classification. If at any time during the layoff process Any regular status employee shall be permitted to displace an employee submits his notice in the same classification with less seniority unless that employee has been protected under 22.1.
c. A regular status employee notified of retirement, resignation a pending layoff may elect to be laid off or volunteers for layoffhas the options listed below.
(1) The employee may displace the employee in the same classification who is the least senior trial service employee not protected in Section
22.1 or who is the least senior regular status employee not protected in Section 22.1 if there are no trial service employees. To displace either a trial service or regular status employee, the University will review its layoff rationale. Where appropriate, displacing employee must:
(a) Have greater seniority than the University may curtail staff reductions and/or recall laid-off employee(s)trial service or regular status employee;
(b) Meet any special qualifications for the position as shown in the class specification and the position description; and
(c) Be capable of performing the specific requirements of the position within three (3) weeks. The University shall first lay off non-bargaining unit temporary employees agency will determine this by:
i. Reviewing an application/resume submitted by the employee; and
ii. Reviewing the employee’s statement why the employee is qualified for the position; and if needed;
iii. Testing the employee on the duties of the position sought. The Agency will use the same test with the same job answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not meet these criteria for the position held by the least senior employee in the same classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the same classification or there are no more positions in the same classification held by an employee with less seniority who has not been protected under 22.1.
(2) If no option is available in subsection (1) above, the employee may demote and displace the employee in a lower classification who is the least senior trial service employee not protected in Section 22.1, or who is the least senior regular status employee not protected under
22.1 if there are no trial service employees. To demote and displace either a trial service or regular status employee in a lower classification, the displacing employee must first consider the most recent previously held classification, including any predecessor classification, prior to the employee’s present classification and:
(a) Have greater seniority than the employee to be displaced;
(b) Meet any minimum or special qualifications for the position;
(c) Have previously held regular status in the lower classification, including any predecessor classification; and
(d) Be capable of performing the specific requirements of the position within the department(sthree (3) where the layoff(s) occursweeks. The University shall then lay off probationary employees agency will determine this by:
i. Reviewing an application/resume submitted by the employee; and
ii. Reviewing the employee’s statement why the employee is qualified for the position; and if needed;
iii. Testing the employee on the duties of the position sought. The Agency will use the same test with the same job answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not satisfy the above requirements for the position held by the least senior employee in the relevant lower classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the lower classification and within or there are no more positions in the affected department(slower classification held by an employee with less seniority who has not been protected under 22.1.
(e) If no option is available under subsection (2) above in the most recent previously held classification, including any predecessor classification, the employee will then consider their second most recent previously held classification, including any predecessor classification. The employee will follow the same process listed above in 22.2 c. (2) (a through d). The University shall then lay off part-time employees If necessary, this process will continue for as many previously held classifications, including predecessor classifications, that the displaced worker has held while with the same job classification and within the affected department(s)agency.
2. If further reductions are required, employees d. No trial service or regular status employee in the affected job classification(s) a particular office or duty station shall be laid off as follows:
a. any employees while a temporary employee in the affected classification who have active discipline same class is employed at the suspension (whether a working suspension same particular office or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityduty station.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once The procedure for layoff, once the University determines the need for a layoff existsnumber of positions to remain by classification has been determined, it shall employ the following procedurebe as follows:
1. If at any time during Priority lists shall be established for retained positions in each classification. The lists shall include the layoff process an employee submits his notice names of retirementthose employees who, resignation or volunteers for layoffbased on their seniority within the classification, qualify to fill the University will review its layoff rationaleretained positions. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary two or more employees with have the same job seniority within a classification, seniority between those employees shall be determined by time in City service in any classification. Employees within a classification, who are not qualified by seniority to be on the priority list for the classification, shall be eligible to compete, by seniority, for the next lower classification priority list. If the employees are unsuccessful in qualifying for this lower priority list, they shall be laid off and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)placed on a reinstatement list.
2. Once priority lists have been established for each classification, the bumping and layoff process would then take place. Employees are authorized to bump to a previously held classification if they meet the following criteria:
a. Their classification has been deleted by the City.
b. They hold a position on the priority list for their classification but are displaced (bumped) by an employee from a higher classification.
c. Once an employee has “bumped” to a previously held lower level position, they shall not be affected further by the current round of layoffs. If further reductions are requiredan employee is authorized to bump by meeting the above criteria, employees he/she will occupy the position held by the least senior employee on the priority list for that classification, who shall be displaced and authorized to bump downward. A regular employee who is bumped or accepts demotion in accordance with this procedure in lieu of layoff retains reinstatement right to his/her former classification. If an employee is not authorized to bump down, due to failure to meet the affected job classification(s) shall above criteria, he/she will be laid off as follows:and placed on the reinstatement list.
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work3. For purposes of layoffthis Article, placementemployees promoted out of this unit of representation shall, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception upon completion of the Technology Scaleprobationary period in their new position, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, lose all seniority and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior bumping rights to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issuesformer position.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Layoff Procedure. A. Once 1. The following guidelines will be utilized whenever an ancillary staff layoff becomes necessary due to financial and/or student count reasons.
a. When it becomes apparent that layoffs may be necessary, representatives of the University determines Employer and the Association will meet to permit the Employer to outline the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)proposed reduction in ancillary staff.
2. If further reductions are requiredx. Xx the extent permitted by law, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time probationary ancillary staff employees shall be laid off before fullnon-time employees, and part-time employees cannot bump full-time probationary ancillary staff employees. Similarly, temporary Written notification of potential layoff will be given to all affected tenured and non-tenured employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen at least sixty (1860) months during time spent on layoff, and the employee shall retain all seniority accumulated days prior to layoff.
9c. The identification of the positions to be eliminated will be determined by the Employer.
d. After all restatements, retirements, or any other new positions are examined, the ancillary staff affected by the reduction in the number of positions the district has will be allowed to fill the open positions on a basis of seniority.
e. In the event that there is still not an open position for which the ancillary staff is certified, the district will examine, beginning with the lest senior ancillary staff in the district, employees who may be certified to fill open positions where such transfer would result in an opening appropriate for the ancillary staff who was displaced. Employees (Example- a middle school teacher has lost her position due to a reduction in the number of music sections. A teacher will wither be laid off while serving his/her initial probationary period at the elementary level- up to the point of their seniority- or transferred to another position, i.e. regular ed teacher moved to special ed. Position to make a position open for that teacher to move to the elementary).
f. In the event that new opening should occur due to a resignation or retirement or identification of a new position that is needed, the entire process shall be repeated, beginning with the most senior displaced ancillary staff, with the consideration that no one will receive an assignment that could result in someone else losing a position. This process is followed until all laid-off employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rightsare recalled.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once 1. In the University determines the need for event of a layoff existsor reduction in a classification, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off all non-bargaining unit temporary seniority employees with within a classification will be laid off first provided a more senior employee is qualified and capable to perform the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)remaining duties.
2. If further reductions reduction of personnel is necessary, then those with the least district seniority within the classification to be reduced are requiredto be laid off first provided an employee with more district seniority within the classification is qualified and capable to perform the duties of the remaining positions.
3. The more senior employee must be qualified in all respects to perform the duties of the less senior or lower-rated employee being laid off. Where the senior employee lacks the qualifications and/or ability to fill the remaining position, employees in the affected job classification(s) more senior employee shall be laid off as follows:and the less senior employee continue in employment.
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority4. The remaining employees within the department or unit must be immediately qualified An employee subject to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position layoff may bump pursuant to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee these provisions shall have the right to grieve such decision. Part-time displace employees shall be laid off before full-time employeeswithin their classification provided:
a. the Employee exercising bumping rights has more district seniority than all others in that classification; and
b. the hours of the new position is equal to or lower number of hours and pay previously worked, and
c. he/she must possess the necessary qualifications and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used ability to perform significant components the work of the position of a laid off employee. It employee he/she is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.displacing; and
5. If Employees laid off for an indefinite period of time will be provided at least ten (10) working days’ notice of layoff. The local union President shall receive a list from the work force is Employer of the employees being laid off on the same date the notices of layoff are issued to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reducedemployees.
6. If a layoff occurs during a period of unpaid leaveWhile laid off Employees shall not receive wages, the employee on leave shall receive the same rights under insurance, and other benefits per this Agreement upon return to work as other employeesAgreement.
7. Any A part-year employee scheduled to be laid off from who receives unemployment compensation benefits in the summer, and who is recalled before September 20 of that year, shall have his/her present job may request compensation adjusted by an amount equal to be transferred into a posted vacant bargaining unit position for which the unemployment compensation received minus any payments made by the employee is immediately qualified to perform the required workcover insurance costs for that time on unemployment.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Layoff Procedure. A. Once Whenever in the University determines judgment of the need City Council or City Manager it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a layoff position no longer exists, it shall employ the following procedure:
1. If at City Council or City Manager may abolish any time during position or employment, and the layoff process an employee submits his notice of retirement, resignation holding such position or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University employment may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. or demoted without disciplinary action and without the right of appeal. The City will notify Association representatives, within a reasonable period of time, of any potential layoffs or work furloughs in order that potential alternatives to layoffs or work furloughs may be discussed and evaluated. In addition, the following layoff procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the affected classification who have active discipline at processing of layoffs.
A. The City shall give employees proposed for layoff not less than a 14-calendar-day advanced written notice of separation and the suspension (whether reason therefore. No regular full- time employee shall be separated under the layoff procedure from a working suspension department while emergency, seasonal, probationary, part-time, provisional, or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any temporary employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. are employed and serving in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated same classification in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualifieddepartment.
B. In each class within a department, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employeesaccording to employment status in the following order: temporary, provisional, probationary, and part-time regular. Temporary, provisional, and probationary employees cannot bump full-time employeesshall be laid off according to the needs of the service as recommended by the concerned department head and decided by the City Manager. SimilarlyIn cases where there are two or more regular employees in the class from which the layoff is to be made, temporary the following criteria are the determining factors:
1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: first, all employees cannot bump regular or funds available employeeshaving ratings of improvement needed; second, regardless all employees having ratings of senioritysatisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding.
32. Student Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the job, amount of sick leave used during the immediate 2 past fiscal years, etc.
C. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee's race, color, marital status, national origin, pregnancy, religion, sex, age, citizenship, physical disability, mental disability, or sexual orientation.
D. An employee who is laid off shall not receive a final pay check until the employee has turned in all City-owned equipment, including City identification card, and has cleared with the concerned department head the disposition of any clothing, tools, or other working materials that have been provided by the City, and has completed all exit interviews and forms which may be required by the City. The exit interview and appropriate forms shall be made available to employees prior to the layoff termination date.
E. Employees shall not be used to perform significant components of the position terminated as a result of a laid off employee. It layoff before they have been made a reasonable offer of reassignment if such offer is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementimmediately possible.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the F. An employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled designated to be laid off may bump into any vacant position available in the same class elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the City, and provided that the employee notifies the City Manager in writing of the employee's intent to exercise the bumping rights at least 10 calendar days prior to the proposed layoff effective date; otherwise, bumping rights shall be waived and barred to the employee. Thereafter, an employee may bump into any previously held position in the City provided the conditions noted above are met. An employee who is bumped shall be laid off according to the procedures outlined in this section and shall be considered laid off for the same reason as the person bumping and shall in the same manner be eligible to bump to a position in a class within the City in which the employee formerly held a regular position. Employees who have bumped down to a lower class due to a reduction in force shall not be laid off from his/her present job the lower class until all employees in the lower class, not previously affected by a layoff, have been laid off.
G. The intent of this paragraph is to avoid use of the layoff procedure by providing for voluntary transfers prior to layoffs. An employee in a classification in which a position has been designated for elimination may request a transfer to be transferred into a posted vacant bargaining unit position in the same or a lower classification for which the employee is immediately qualified qualified. Such transfer shall be subject to perform approval by the required work.
8City Manager. Seniority will continue In cases where the transfer was necessitated by said proposed job elimination, the service time in the position to accrue up which the employee has transferred shall be credited to eighteen service time in the position from which the employee transferred. The salary step and range assigned to the transferred employee shall be in accordance with this MOU (18) months during time spent on layoffalso see Article 25: Transfer, and the employee shall retain all seniority accumulated prior to layoffArticle 8: Compensation, Section 8.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Layoff Procedure. A. Once The Employer may lay off employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a reduction in the University determines work force due to a shortage of work or funds, the need abolition of positions, changes in departmental organization or for other reasons. Whenever practicable, the reductions should be made by restricting recruitment, transfers to vacant lateral or lower level positions where the employee is capable of performing the work and/or normal attrition, but if deemed necessary by the Employer, layoffs will be utilized. Whenever a reduction in the work force occurs, the following procedure shall be utilized:
(a) If a notice of reduction in the work force is given pursuant to this Section, the Employer, upon request, will meet with the Association to discuss the impact of such layoff.
(b) The parties acknowledge that there are many non-paid volunteers or cooperative programs with pay that function in association with the Sheriff’s Department. The parties agree that in the event of a layoff existswithin the bargaining unit, it these programs may continue in effect, but the Employer agrees that the hours of work now scheduled for the reserves and cadets shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s)not be increased. The University shall first lay off non-bargaining unit temporary employees parties agree, in accord with this Subsection, that the same job classification hours of work now scheduled for the Cadets and within Reserves at the department(stime of signing of this Agreement is a total of five hundred sixty (560) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)hours per week.
2. If further reductions are required, (c) Probationary employees in shall be the affected job classification(s) shall first employees to be laid off as follows:
a. any providing that the more senior employees in have the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41experience, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified qualifications and present ability to perform the required work. For purposes of The next employee to be laid off shall be the employee with the least bargaining unit seniority or rank seniority in the classification or rank affected by the layoff, placementprovided however, bumpingthat the remaining senior employees have the experience, qualifications and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position present ability to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it Further layoffs shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours inverse order of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which seniority or rank seniority in the employee is immediately qualified classification or rank affected, provided that the remaining senior employees have the experience, qualifications and present ability to perform the required work.
8. Seniority will continue to accrue up to eighteen (18d) months during time spent on Upon being laid off, a sergeant shall be in lieu of layoff, demoted to a Corrections Officer position, provided, however, that he has the required qualifications and that he has greater bargaining unit seniority than the employee shall retain all seniority accumulated prior to layoffhe is replacing.
9. Employees (e) Upon being laid off while serving his/her initial probationary period or employees off, the Scientific Support Unit Team Leader shall in lieu of layoff, be demoted to a temporary position (an Scientific Support Unit Specialist provided, however, that he has the required qualifications and that he has greater bargaining unit seniority than the employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rightshe is replacing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. A. Once The parties agree to meet to discuss the University determines method of implementing the need for layoff with a layoff exists, it shall employ view to minimizing the following procedurenumber of displacements. An Employee in receipt of notice may:
1. If at any time during (a) Accept the layoff; or
(b) Opt to retire, if eligible under the terms of the OMERS Pension Plan; or
(c) Displace another Employee who has less bargaining unit seniority in a lower or identical paying classification in the bargaining unit if the Employee originally subject to the layoff process is qualified to perform the work of the Employee to be displaced. An Employee so displaced shall be deemed to be laid off. An Employee who chooses to exercise the right to displace another Employee shall advise the Department Head of his/her intention to do so and the position claimed within five (5) days after being notified of the layoff.
(d) The employer agrees to post vacancies per the job posting procedure, allowing Employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee submits his notice Employee shall have the opportunity of retirementrecall from a lay off to an available opening in order of seniority, resignation provided he or volunteers for layoffshe is qualified and able to perform the work. In
(e) An Employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled.
(f) No new Employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the University will review its layoff rationale. Where appropriateloss of seniority provision, or have been found unable to perform the University may curtail staff reductions and/or work available.
(g) The Employer shall notify the Employee of recall laid-off employee(s)opportunity by registered mail, addressed to the last address on record with the Employer. The University notification shall first lay off nonstate the job to which the Employee is eligible to be recalled and the date and time at which the Employee shall report for work and the rate of pay. The Employee is solely responsible for his or her proper address being on record with the Employer.
(h) Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff.
(i) No Full-Time Employee within the bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension by reason of his/her duties being assigned to one or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and more part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityEmployees.
3. Student employees (j) In the event of a layoff of an Employee, the Employer shall not be used to perform significant components pay its share of insured benefit premiums for the duration of the position three month notice period provided for in Article 16:02.
(k) The Employee may, if possible under the terms and conditions of the Insurance Benefits Programs, continue to pay the full premium cost of a laid off employee. It is agreed that this provision shall not apply benefit or benefits for up to students, whether paid or unpaid, performing work six (6) months following the end of the month in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified layoff occurs. Such payment can be made through the payroll office of the Employer provided that the Employee informs the Employer of his or her intent to perform do so at the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on of the layoff, and arranges with the employee shall retain all seniority accumulated prior to layoffEmployer the appropriate payment schedule.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff Procedure. A. Once 31.1. Nothing herein will be construed to require the University determines District to fill vacant, budgeted positions nor to prohibit the need District from eliminating vacant positions from the budget. The District reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2. If, in the sole discretion of District’s management, personnel reductions are necessary, layoff order and recall lists will be developed based upon job classification, priority of function, job performance, individual qualifications and seniority. The Local 501 and employees subject to lay off will be provided with at least two weeks notification in writing whenever possible.
31.3. Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such request must be made in writing to the Human Resources Department within five (5) days of receipt of the Layoff Notice. The salary of an employee who voluntarily demotes will be unchanged, except that it may not exceed the top of the range for the lower level classification.
31.4. Recall lists will be developed for all classifications experiencing personnel reductions, and will be maintained for a layoff exists, it shall employ period of two years from the following procedure:
1date of layoff. If at any time during Individuals will be placed on the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. list in the inverse order of senioritylayoff, so that the last person laid off is the first recalled. The remaining employees When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment will be made to the individual on the top of the list. That individual must respond to the offer within five days, or the department offer will be made to the next person on the list. An individual who either does not respond or unit refuses three consecutive offers will have his/her name removed from the list.
31.5. All notification and responses must be immediately qualified to perform the required workin writing and delivered either in person or by Certified Mail. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications It is the responsibility of all employees to keep the University. If the University determines that an employee is not qualifiedHuman Resources Department informed of their current address, the employee shall have the right to grieve such decision. Part-time employees shall or where they may be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritycontacted.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once A layoff is defined as a separation from the University determines service for involuntary reasons, other than resignations, not reflecting discredit on an employee. An employee and the need for a layoff exists, it Union shall employ the following procedure:
1. If at any time during the layoff process an employee submits his be given written notice of retirement, resignation or volunteers layoff at least fifteen (15) calendar days before the effective date stating the reasons for the layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in a. The Agency shall determine the affected job classification(s) shall specific positions to be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, orvacated.
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified Separate layoff lists will apply to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees canin a classification. Any full-time regular status employee shall be permitted to displace an employee in the same classification with less seniority in a part-time position unless that employee has been protected under 22.1; however, part-time employees shall not bump displace full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position c. A regular status employee notified of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their pending layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled may elect to be laid off from or has the options listed below. The employee will rank his/her present job options and give the ranking in writing to the Agency's Human Resources Manager within five (5) calendar days from the date of receipt of the written layoff notice. An employee whose first option is unsuccessful may request to be transferred into then try the second option.
(1) The employee may displace the employee in the same classification who is the least senior trial service employee not protected in Section 22.1 or who is the least senior regular status employee not protected in Section 22.1 if there are no trial service employees. To displace either a posted vacant bargaining unit trial service or regular status employee, the displacing employee must:
(a) Have greater seniority than the trial service or regular status employee;
(b) Meet any special qualifications for the position for which as shown in the class specification and the position description; and
(c) Be capable of performing the specific requirements of the position within three (3) weeks. The agency will determine this by:
i. Reviewing an application/resume submitted by the employee; and
ii. Reviewing the employee’s statement why the employee is immediately qualified to perform for the required work.position; and
8iii. Seniority Testing the employee on the duties of the position sought. The Agency will use the same test with the same answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not meet these criteria for the position held by the least senior employee in the same classification, the Agency will continue to accrue up make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the same classification or there are no more positions in the same classification held by an employee with less seniority who has not been protected under 22.1.
(2) The employee may demote and displace the employee in a lower classification who is the least senior trial service employee not protected in Section 22.1, or who is the least senior regular status employee not protected under 22.1 if there are no trial service employees. To demote and displace either a trial service or regular status employee in a lower classification, the displacing employee must:
(a) Have greater seniority than the employee to eighteen be displaced;
(18b) months during time spent on layoffMeet any minimum or special qualifications for the position;
(c) Have held regular status in the lower classification for a minimum of one
(1) year, and the lower classification is the most recent represented classification the employee shall retain all seniority accumulated held prior to layoffthe employee's present classification; and
(d) Be capable of performing the specific requirements of the position within three (3) weeks. The agency will determine this by:
i. Reviewing an application/resume submitted by the employee; and
ii. Reviewing the employee’s statement why the employee is qualified for the position; and
iii. Testing the employee on the duties of the position sought. The Agency will use the same test with the same answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not satisfy the above requirements for the position held by the least senior employee in the relevant lower classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the lower classification or there are no more positions in the lower classification held by an employee with less seniority who has not been protected under 22.1.
9. Employees (3) For the purposes of this Article, Liquor Control Inspector, Liquor License Investigator and Liquor Regulatory Specialist will be treated as a single classification.
d. No trial service or regular status employee in a particular office or duty station shall be laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project in the same class is employed at the same particular office or hired with a defined end date) will not be entitled to placement, bumping or recall rightsduty station.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during Layoff is defined as a reduction in the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)working force.
2. If further reductions are a layoff becomes necessary the following procedures will be mandatory:
a. Layoffs, as required, shall be made within the affected classifications in the affected department.
b. Such reduction will be made in the first instance by terminating probationary and temporary employees in the affected classifications.
c. If a further reduction in force is required, such reduction, in the case of seniority employees, will be made in inverse order of seniority within the affected classification in the affected department, provided the employee has the current ability to do the available work, meet the qualifications and perform the duties of the job classification(s) without a trial or training period.
d. The President and Vice-President shall be the last laid off within their department classification irregardless of their seniority in the classification.
3. When an employee is laid off, due to a reduction in the work force, he or she shall be permitted to exercise his/her seniority rights to "bump" or replace an employee with less seniority in other classifications covered by this Agreement in the department from which the employee was laid-off only. Such employee may "bump" an employee in an equal or lower job classification, as followsdetermined by the maximum salary in the Wage and Increment Schedule, under the following conditions:
a. any employees He/she shall have seniority as required and as defined in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 4130, orSeniority, of this Agreement.
b. any employees who have an overall performance evaluation rating below standards (i.e. Current ability to do the available work, meet the qualifications and perform the duties of the job without a “needs improvement” rating trial or below) for the two most recent performance evaluation rating periods, ortraining period.
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoffAn employee who qualifies for rights as set forth above, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve exercise such decisionright or to accept layoff, by so notifying his/her Department Supervisor in writing. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components Failure of the position affected employee to exercise such "bumping rights" at the time of a laid off employee. It is agreed that this provision shall not apply to studentslayoff, whether paid or unpaid, performing work will result in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementforfeiture of "bumping rights" during the term of such layoff.
4. Employees to be laid off for an indefinite period of time will have at least seven (7) calendar days notice of such layoff. The University Unit Chairperson shall make available receive a list from the Employer, of the employees being laid off, on the same date the notices are issued to laid-off the employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished Employees in classifications covered by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be who are laid off from his/her present job may request to their regular employment as a result of a reduction in force, will be transferred given consideration, by interview, for hire into a posted vacant bargaining unit position like classification only, for which they qualify, when opportunity for such hire occurs in the department from which the employee was laid off. Like classification is hereby defined as a classification in which the employee was employed at the time of lay-off, or a classification for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving by virtue of his/her initial probationary period or knowledge, skills and abilities, as determined solely by the Employer.
6. Employees selected pursuant to paragraph 5 who will then have seniority in the new classification in accordance with the provisions of "seniority defined" as outlined in Article 30, Seniority, of this Agreement. Such employees in shall serve a temporary position ninety (an employee hired for a specific project or hired with a defined end date90) day trial period, during which time the Employer may terminate the employee. Such termination by the Employer will not be entitled to placement, bumping or recall rightsaffect the former lay-off for seniority status of the employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once The word "layoff" means a reduction in the University determines work force due to a shortage of work or funds, the need abolition of positions, material changes in departmental organization or for other reasons which are outside the employee's control. Whenever a layoff existsreduction in the work force occurs, it shall employ the following procedureprocedure within the separate Employer will be followed:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and a. Employees within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall separate Employer will be laid off according to seniority (reference Article VIII), by classification, provided the employee being retained is capable of performing the available work. It is understood by the parties that in application of this section employees will filter downward or laterally in their department in line with their total accumulated continuous service with that Employer into equal or lower rated classifications but in no event will employees in lower classifications filter upward to positions in higher rated classifications.
b. In addition employees placed on layoff status who have been promoted out of the individual bargaining units to any other position within that Employer or who have been promoted within the individual bargaining units, but to a different department within that Employer will retain bumping rights to the classification from whence they left to take the promotion, seniority permitting; utilizing as followstheir seniority, for this purpose only, their continuous service in the classification to which they are being recalled to and any higher classifications provided they are capable of performing the available work.
c. When the need arises to lay off an employee serving a promotional trial period, such employee shall be restored to the job classification from which he or she was promoted. For Chapter 08 (Unit Chiefs) bargaining unit employees when Genesee County deems it necessary to layoff such employees, the following layoff procedure will be followed:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspensiona) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall Employees will be laid off before full-time employeesaccording to seniority provided the employee being retained is capable of performing the available work. The Prosecuting Attorney will make the final determination for layoffs in a non- arbitrary and nondiscriminatory manner regarding which employee is laid off when affected employees possess identical seniority dates.*
(b) In addition employees placed on layoff status who have been promoted from the Local 496, Chapter 01 bargaining unit, will retain recall rights to the classifications from whence they left to take said promotion, seniority permitting; utilizing as their seniority, for this purpose only, their previously accumulated seniority in the Local 496, Chapter 01 bargaining unit. The above provision shall only apply in the event the collective bargaining agreement from whence the employee was promoted, contains language that allows a promoted employee to return to the bargaining unit and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityin the manner indicated.
3(c) When the need arises to layoff an employee promoted from the Local 496, Chapter 01 bargaining unit, who is serving a probationary period, said employee upon layoff shall be restored to the Chapter 01 job classification from which he or she was promoted. Student employees Time served in the probationary period shall not be used to perform significant components of credited as though served in the position of a laid off employeeChapter 01 classification for seniority purposes. It is agreed that this The above provision shall not only apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If event the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by collective bargaining agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, from whence the employee on leave shall receive the same rights under this Agreement upon was promoted, contains language that allows a promoted employee to return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant the bargaining unit position for which and in the employee is immediately qualified to perform the required workmanner indicated.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Labor Agreement
Layoff Procedure. A. Once the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or The University shall first seek volunteers for layoff, a voluntary layoff in the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(saffected department(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The , provided that the remaining employees within the department or unit must be are immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” qualified shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to include ability, aptitude, skill, experience, and qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, typewriters, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union appropriate parties can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request elect to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once When it is determined by the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-that bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall must be laid off as follows:
a. the following principles and procedures will be applied. Basic Principles In any employees in the affected classification who have active discipline at the suspension (whether layoff a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the surplus employee shall have the right to grieve such decisionexercise his/her seniority to displace a more junior em- ployee under the following conditions: if he/she has less than one year’s seniority at the time of layoff or if the layoff is to be for two weeks or less duration, may exercise his/her seniority rights only within his/her own Department; if he/she has one year’s seniority or more at the time of layoff and if the layoff is to exceed two week’s duration, he/she may exercise his/her seniority rights in all Departments listed in Article of the Collective Agreement; to exercise seniority rights, the surplus employee must be capable of performing the work of the employee he/she replaces. Part-time employees Procedure An employee declared to be surplus (because has the least seniority in that classification) may “bump” the most junior employee in a lower classification within the same Group as defined in Article (Wage Schedule), provided he/she is qualified to perform the work of the employee who is displaced. The junior employee who is displaced from the lowest classification in the Group may, if his/her seniority per- mits, “bump” the junior employee in his/her Department (Campus Engineering Services, Residence Operations, Xxxxxx Xxxxxx Centre, Parking or Physical Education). The junior surplus employee who is “bumped” out of a Department may exercise his/her seniority to place a more junior employee in any other Department provided is qualified to perform the work of the employee he/she displaces. The junior employee whose seniority and qualifications will not enable him/her to “bump” another employee shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position have recall rights of a length as laid off employeedown in Article and Recall Employees with recall rights shall be considered in hiring for any vacancy for which they are qualified. It is agreed that this provision Provided they are capable of performing the available work, employees having recall rights shall not apply to students, whether paid or unpaid, performing be con- sidered for such work in internships, graduate assistantships, practicums or through other programs whose primary purpose order of their seniority. This is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5maximum number of weeks of pay actually paid at the date of termination. If the work force is prior written formal notice has been given, deduct weeks for each full month of notice provided to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours a maximum of employees be reduced.
63 weeks months notice more). If a layoff occurs during a period of unpaid leave, after notification and before APPENDIX C It is the employee on leave shall receive the same rights under this Agreement upon return University’s intention to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired meet with a defined end datesmall group of interested parties to determine if there is a need for Employee Assistance Program. One representative from each local will be included in this group. This group will research the services that are presently provided on campus and in the community to help the troubled employee with personal problems and look at programs at other institutions. If it is determined that such a program is required, a pro- posal will be prepared for presentation to the Vice-Princi- pal (Human Services) will not requesting the implementation of an Employee Assistance Program and suggesting the kind of program which should be entitled to placement, bumping or recall rightsconsidered.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once the University determines the need for If a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoffoccurs, the University will review its Employer shall layoff rationale. Where appropriateprobationary employees first; then, If a further layoff is necessary, the University may curtail staff reductions and/or recall laid-off employee(s). The University Employer shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off layoff part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(sreverse order of their seniority; then, full-time. Recall shall be in the reverse order of the above procedure. An employee who is subject to layoff shall have the right to either:
a) accept the layoff, or
b) displace an employee who has lesser bargaining unit seniority in the bargaining unit if the employee originally subject to layoff can perform the duties of classification without training other than a maximum of three (3) days orientation. Such employee so displaced shall be laid off as follows:off.
a. any employees c) Any employee shall have the opportunity of recall from a layoff to an available opening, in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within , provided he has the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, qualification and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position skill to perform the work, with before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the exception Collective Agreement shall not apply until the recall process has been completed. In determining the ability of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position an employee to perform the required work. In determining whether work for the employee is immediately qualifiedpurposes of the paragraphs above, the University Employer shall give consideration not act in an arbitrary or unfair manner. An employee recalled to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee working a different classification from which he/she was laid off shall have the right privilege of returning to grieve such decisionthe position he/she held prior to the layoff should it become vacant within four (4) months of being recalled. Part-time No new employees shall be hired until all those laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used have been given opportunity to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7and have failed to do so, or have been found unable to perform the work available. Any employee scheduled The Employer shall notify the employees of recall opportunity by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to be laid off from his/her present received on the second day following the date of mailing). The notification shall state the job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified eligible to perform be recalled and the required work.
8. Seniority will continue to accrue up to eighteen (18) months during date and time spent on layoff, and at which the employee shall retain all seniority accumulated prior to layoff.
9report for work. Employees laid off while serving The employee is solely responsible for his/her initial probationary period or employees in a proper address being on record with the Employer. Employees on layoff shall be given preference for temporary position vacancies which are expected to exceed ten (an 10) working days. An employee hired for a specific project or hired with a defined end date) will who has been recalled to such temporary vacancy shall not be entitled required to placement, accept such recall and may instead remain on layoff. Seniority and service shall not accumulate during any period of layoff. Employees shall have bumping or recall rightsrights in accordance with their seniority.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once A layoff is defined as a separation from service for involuntary reasons, other than resignations, not reflecting discredit on an employee. An employee and the University determines Union shall be given written notice of layoff at least fifteen (15) calendar days before the need effective date stating the reasons for a the layoff. The layoff exists, it procedure shall employ occur in the following proceduremanner:
1. If at any time during (a) The Agency shall determine the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)specific positions to be vacated.
2. If further reductions are required, employees in the affected job classification(s(b) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified Separate layoff lists will apply to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees canin a classification. Any full-time regular status employee shall be permitted to displace a part-time employee with less seniority. However, part-time employees shall not bump displace full-time employees. Similarly, temporary employees An initial trial service employee cannot bump displace any regular status employee.
(c) Temporary employees working in the classification and geographic area in which the layoff occurs shall be terminated before the layoff of trial service or funds available regular status employees.
(d) A regular status employee notified of a pending layoff shall select one (1) of the following options, and communicate such choice in writing to the Agency’s Appointing Authority within five (5) calendar days from the date of receipt of the written layoff notice:
(1) The employee may displace the employee in the Agency with the lowest seniority in the same classification for which they are qualified in the same geographic area in the Agency where the layoff occurs and regardless of senioritybargaining unit representation.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students(2) If no positions are accessible under Section 1, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leavesubsection (d) (1), the employee on leave shall receive may bump the employee in the Agency with the lowest seniority in the same rights under this Agreement upon return to work as other employeesgeographic area in any classification within the same salary range in which the employee held regular status, including any predecessor classifications.
7. Any (3) The employee scheduled may demote to the lowest seniority position in any classification for which they are qualified within the Agency and geographic area and regardless of bargaining unit representation provided the employee has exhausted their option for placement under Section 1(d) (1).
(4) The employee may elect to be laid off from his/her present job may request to off. Their name will be transferred into a posted vacant bargaining unit position for which placed on the employee is immediately qualified to perform the required workAgency Layoff List in seniority order.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once (a) When a reduction in force is necessary, temporary, probationary and part-time employees at the University determines affected location in the need for a layoff existsaffected job title(s) (in the above order) shall be first laid off.
(b) Contractors in the impacted work area will be released in accordance with Article 2.6 (h).
(c) Should further reduction of force be necessary, it shall employ in seniority order, employees who have been identified as surplus may exercise one of the following procedureoptions:
1. If at any time during Replace a contractor performing the layoff process an same or similar work functions as defined in Appendix 2 as the impacted employee submits his notice of retirementin another work area within the state, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s)exercise their bumping rights. The University shall first lay off non-bargaining unit temporary employees with parties agree that the same job classification work functions of the Customer Service Tech and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)Construction Tech are not considered similar work functions.
2. If further reductions are required, employees in the affected job classification(s) shall be laid off Exercise their bumping rights by bumping an employee with less seniority as follows:
a. any employees The surplus employee may bump the least senior employee in the affected classification who have active discipline at same area in the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, orsame job title.
b. any employees who If the surplus employee does not have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for sufficient seniority to bump in his/her job title, the two most recent performance evaluation rating periodssurplus employee, orif qualified, may bump the least senior employee, in the area, in the wage group.
c. If the surplus employee does not have sufficient seniority or qualifications to bump in his/her wage group, the surplus employee, if qualified, may bump the least senior employee, in the inverse area, in the next lower wage group.
3. An employee who is bumped shall be added to the surplus list in seniority order and such employee may replace a contractor or exercise bumping rights as specified in paragraphs (c) (1) and (2) above.
4. It is understood and agreed that an employee exercising a bumping right under any of seniority. The remaining employees within the department or unit options above, must be immediately qualified have the proven skill and ability to perform the new job and be able to satisfactorily demonstrate those skills to the Company with a minimum of on the job refresher training and familiarization (three (3) weeks or less). If formal classroom training is required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is may not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issuesbump.
5. If An employee whose job title is listed in Wage Group F may not bump an employee whose job title is listed in Wage Group G. It is also understood and agreed that an employee in the work force is to be reducedCustomer Service Technician, it shall be accomplished by layoff and Network Technician, or Business Service Technician job title may not by any hours reduction. Only by agreement between bump an employee in the employeeConstruction Technician, University and Union can the regular hours of employees be reducedSenior Lineworker, or Equipment Installer job title.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same Employees are laid off when it is determined no bump rights under this Agreement upon return to work as other employeesare available.
7. Any employee scheduled to The company will be laid off prohibited from his/her present job may request to be transferred into utilizing contractors or employees from other bargaining units in the impacted work area for a posted vacant bargaining unit position for which minimum of six (6) months from the time the employee is immediately qualified to perform the required worklaid off or dislocated.
8. Seniority (d) In all situations associated with Reduction in Force in accordance with Article 5.3, the Company will continue to accrue up to eighteen (18) months during time spent on layoffpay moving expenses in accordance with Article 7, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.7.3
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once 1. A layoff is defined as an involuntary separation from employment due to lack of work or lack of funds as asserted by the University determines County Board of Commissioners. A layoff does not reflect discredit upon the need for employee. When the County Board of Commissioners or its designee proposes to eliminate a layoff existsCounty-funded position which is currently filled, it shall employ the following procedureprocedures will be implemented:
1a. The County shall give written notice to the Association at least twenty (20) calendar days prior to notifying any employee of the proposed effective date of eliminating the position(s).
b. The County shall give written notice to the employee at least ten (10) working days prior to the proposed effective date of eliminating the position, stating the reason(s) for eliminating the position and the employee’s rights to accept another position in accordance with this Article.
2. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University Layoffs shall first lay off non-bargaining unit temporary employees be accomplished in accordance with the same job following provision: The order of layoffs within a department shall be:
a. Temporary employees;
b. Part-time employees;
c. Initial employment probationary employees;
d. Regular employees in the reverse order of their seniority within the classification and within the department(s) where department in which the layoff(s) occurslayoffs are being made. If a tie in seniority exists between employees, the order of the layoff shall be determined by time in service with the Department. If a tie continues, the order of layoff shall be determined by the department in such manner as to conserve for the County the services of the most qualified employee. The University reasons for the decision shall then lay off probationary employees with be based on documents placed in the same job classification and within employees’ personnel files at least ninety (90) calendar days before the affected department(s)date of written notice to the Association.
3. The University shall then lay off partEach full-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be regular employee who is laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decisionelect a reduction to a position in classification with a lower pay grade in his/her current department. Part-time employees Such reduction shall be laid off before full-time employeesto a position which is:
a. Currently filled by the employee with the least seniority in the class within the employee’s current department; or
b. Authorized and planned to be filled. The employee who wished to be reduced in classification must have greater seniority in the same series or family of job classifications as the current employee, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used must demonstrate s/he currently is qualified to perform significant components of fill the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementposition.
4. The University An employee’s appointment shall make available not be terminated before the employee has been made a reasonable offer of reassignment to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force a vacant position which is planned to be reduced, it shall be accomplished by layoff filled and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is qualified, if such offer is immediately possible in the determination of the County.
5. An employee who is laid off shall be paid for all accrued vacation and compensatory time off at time of his/her layoff.
6. A laid off employee shall be recalled to a position in the same department and same classification from which s/he was laid off within eighteen (18) months, in the reverse order of layoff. Recall shall be used to fill any vacancy for which a recall lists exists.
a. A laid off employee shall be notified by certified mail at his/her last known address when s/he is recalled.
b. A laid off employee may be required to show that s/he remains qualified to perform the required workessential functions of the position to which s/he is being recalled before being re-employed.
8c. A recalled employee must respond within fourteen (14) calendar days of the date of mailing by certified mail or delivery in person of a recall notice that s/he is accepting the offer of re-employment on the date specified in the offer, or s/he shall be deemed to have refused the offer of re-employment and shall forfeit all seniority and/or rehire rights and privileges. Seniority will continue In the event that the notice of delivery is not returned within fourteen (14) calendar days of mailing, the County may proceed to accrue up to eighteen (18) months during fill the position with the next eligible person on the recall list.
d. Upon re-employment, a recalled employee shall have the seniority and benefit accrual rates s/he enjoyed at the time spent on of layoff, and the employee shall retain all seniority accumulated prior subject to layoffchanges made through collective bargaining.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Employee Association Agreement
Layoff Procedure. A. Once the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University 3.01 An Administrator may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request position upon written notice from the Board of Education at least sixty (60) days prior to the end of the first semester if effective at mid-term of the Administrator's contract year or by May 1 of the end of the year if effective for the beginning of the Administrator's next contract year.
3.02 When the Board of Education determines that a reduction in its administrative staff is necessary, the Board of Education shall first select those administrative positions to be transferred into eliminated. Administrators who are displaced because of the elimination of those positions shall be retained in a posted vacant bargaining position in their current job classification occupied by the least senior administrator. The least senior administrator displaced above shall displace the least senior administrator in the next lower job classification in the unit provided the administrator is certified and qualified for the position for and has greater administrative seniority. In such cases the Administrator being displaced shall have the same right of retention in a position in a lower job classification than the one from which the employee is immediately qualified Administrator was displaced. Those Administrators finally determined as displaced without retention rights in any other position shall be laid off. Those Administrators assuming a lower salaried position pursuant to perform this procedure shall retain the required worksalary of the position previously held for a maximum period of one year. Thereafter, the Administrators shall assume the salaries of the positions in which they are retained.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees 3.03 An Administrator laid off while serving by the Board of Education shall have the right to reinstatement and placement in the position previously held when it is reinstated provided the Administrator is certified and qualified for the position. Said right of placement or reinstatement shall be in effect for three (3) years from the date of layoff and shall cease thereafter. Reinstatement of administrative employment shall be in inverse order of layoff. The Board shall serve written notice of recall from layoff by sending a registered or certified letter to said Administrator at his/her initial probationary period last known address. It shall be the responsibility of each Administrator to notify the Board of any change in address. The Administrator's address as it appears on the Board's records shall be conclusive when used in connection with layoffs, recall, or employees other notice to the Administrator. If an Administrator fails to report to work within twenty (20) calendar days of the date of the sending of the recall notice, unless an extension is granted in writing by the Board, said Administrator shall be considered as a temporary position (voluntary quit and shall thereby terminate his/her individual employment contract and any other employment relationship with the Board.
3.04 Administrators shall acquire seniority in their administrative capacities on a cumulative basis for all service time as an employee hired for a specific project or hired with a defined end date) will not be entitled to placementAdministrator in the school district from their most recent dates of hire, bumping or recall rightsexcluding time on leaves of absence.
Appears in 1 contract
Samples: Employment Agreement
Layoff Procedure. A. Once Section 1 Should the University Company find it necessary to layoff employees, the procedure set forth in this Article shall be followed. The Company will decide the necessity for and will determine the extent of any required layoff, the effective date or dates thereof, and the job title(s), work groups and "Geographic Areas" (as defined in Section 2) affected.
Section 2 In the event the Company determines the need for a to layoff existsemployees, it shall employ first notify the following procedure:
1Union of its intent in writing. If at any time during Thereafter, the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. accomplished in the inverse order of seniority. The , providing the remaining employees within have the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, skill and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position ability to perform the work, among employees with normal reporting locations within the exception affected Geographic Area. Before laying off regular employees in a particular Geographic Area, and title, temporary employees or employees hired for a fixed term in that Geographic Area and title will be laid off. "Geographic Area" for purposes of this section shall mean the geographical territories of each of the Technology ScaleUnion's six units (Northern, where “immediately qualified” Essex, Hudson, Raritan, Central, Southern) as set forth on the map in Attachment C.
Section 3 Employees who are laid off shall be defined as meeting given at least three (3) weeks' notice of such layoff or three (3) weeks' pay in lieu of notice at the minimum qualifications for the position to perform the required work. Company's discretion.
Section 4 In determining whether the employee is immediately qualifiedhiring in any Geographic Area in any affected title following a layoff, the University shall give consideration Company will offer reemployment to ability, aptitude, skill, experience, qualifications as stated qualified employees who have been laid off in that geographic area in the job descriptionaffected title in the inverse order in which said employees were laid off, subject to the provisions of this paragraph. The determination Company will have fulfilled its obligation hereunder with respect to any laid off employee, by offering reemployment by registered mail addressed to the laid off employee's latest address as shown by the records of qualifications is the Company. Any such laid off employee must respond and be available for reemployment within fourteen (14) days of the date of the registered mail receipt; otherwise the laid off employee shall be deemed to have refused reemployment and the Company's obligation under this paragraph shall be terminated. There shall be no obligation to offer reemployment to any employee who has been laid off more than one (1) year. It shall be the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless to inform the Company of senioritychanges in address.
3. Student employees shall not (a) Any laid off employee offered reemployment must be used able to perform significant components meet the requirements of the position of a laid off employee. It available job at the time such offer is agreed that this provision shall not apply to studentsmade, whether paid including any normal drug-testing or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementemployment screens.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once a) In the University determines event that a reduction of the need for a work force in any of the Employer’s Divisions is required, the Employer agrees to adjust its workforce and layoff exists, it shall employ separately full-time and part-time Employees in the following procedureorder, subject to the provisions of (b) below:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees Employee(s) with the same job classification and within least amount of seniority in the department(s) where Division affected, will be displaced from the layoff(s) occurs. The University shall then lay off probationary employees with Division in sufficient number so as to provide for the same job classification and within required work force adjustment in the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).Division, and
2. If further reductions are required, employees An Employee displaced from a Division in accordance with (1) above will be considered for employment in some other Division of the affected job classification(sEmployer. Any resultant layoff will occur on the basis of seniority with the Employer.
b) shall be laid off as follows:
a. any employees in This displacement and/or layoff of an Employee will only occur on the affected classification basis that the senior Employee who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately retains employment is qualified and able to perform the required workwork available. For purposes This displacement and/or layoff shall not be made in a manner that is arbitrary or in bad faith.
c) Where possible, the Employer shall give the Union sixty (60) days notice in writing in the event that the Employer is considering reductions and/or closure of layoffprograms, placement, bumping, and recall, “immediately qualified” services or supports; layoffs; restructuring; or any other initiatives that would impact the job security of bargaining unit members. The Employer shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, meet with the exception Union within five (5) working days of the Technology Scale, where “immediately qualified” written notice at which time the Employer shall be defined as meeting discuss with the minimum qualifications for Union the position issues giving rise to perform the required worknotice. In determining whether the employee is immediately qualifiedIf indefinite layoffs are being considered, the University parties shall give consideration discuss all reasonable options such as attrition, redeployment, voluntary leaves of absence, retraining and voluntary exit plans.
d) In the event of a layoff of a permanent or long-term nature, the Employer will provide affected Employees with two (2) weeks notice for each year of service to abilitya maximum of twelve (12) weeks, aptitude, skill, experience, qualifications as stated provided the affected Employee has more than twelve (12) months service. Employees with less than twelve (12) months’ service will be entitled to notice in accordance with the job description. The determination of qualifications is the responsibility provisions of the UniversityEmployment Standards Act. If Should the University determines that an employee is not qualifiedEmployer and the Union agree to a different method of implementation, such agreement shall take precedent over the employee shall have the right to grieve such decision. Part-time employees shall other terms and conditions of this Collective Agreement.
e) Unless otherwise required by legislation or by Government directive (stemming from legislative regulations), should job qualifications change, Employees will be laid off before deemed qualified in their current position and status (e.g. full-time employees, and versus part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritytime).
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. The Company will provide the Union with advance notice of all layoffs per the Canada labour Code (2 weeks paid or working notice). It is the desire of the Company and the Union to provide full and efficient employment. The Company recognizes that unnecessary movement of people not only disrupts the employees but also has a negative impact on quality and customer satisfaction. Therefore, the parties agree that when layoffs are occasioned by work shortages or other unforeseen circumstances, the following provisions shall apply. The parties also agree that these provisions shall not apply in the event of scheduled shutdowns.
A. Once Layoffs of Fifteen (15) days or less In the University determines the need event that it becomes necessary to layoff employees in any classification for a layoff exists, it shall employ period of fifteen days or less the following procedure:rules will apply.
1. If at any time during a) The Company will determine the layoff process an employee submits his notice number of retirement, resignation or volunteers for layoffaffected employees, the University affected classifications and the affected occupations.
b) Any employees who have not completed their probationary period will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). be laid off.
c) The University shall first lay off non-bargaining unit temporary employees with the same job shortest seniority in the Occupation will be laid off, subject to the remaining employees being able to meet all requirements of the remaining work available
B. Layoffs Exceeding Sixteen (16) days or more In the event that it becomes necessary to reduce the number of employees in any classification and within for a period of sixteen (16) days or more, the department(sfollowing rules shall apply:
a) where The Company will determine the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within number of affected employees, the affected department(s). The University shall then lay off part-time employees with the same job classification classifications and within the affected department(s).occupations
2. If further reductions are required, employees in the affected job classification(sb) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any Any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall completed their probationary period will be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityoff.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. c) The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the next employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off will be the most junior employee in the affected Occupation. Seniority will be the major factor governing such layoffs, subject to the remaining employees being able to meet all the requirements of the remaining work.
C. An employee who is laid off/bumped under section B shall be entitled to exercise their seniority to bump a more junior employee who is the most junior employee in another occupation, provided the employee is able to meet all of the requirements of the remaining work
D. An employee who is bumped/laid off under section C shall be entitled to exercise their seniority to bump a more junior employee who is the most junior employee in another occupation, provided the employee is able to meet all of the requirements of the remaining work An employee who is laid off under section D will not be able to exercise their seniority to bump another employee into the plant. In all cases of displacement, transfer or layoff due to lack of work it is understood that in claiming a job under section B, C, the employee must meet the requirements of that work in that Occupation in terms of quality and quantity within twenty (20) working days of training or such longer period as is mutually agreed. Notwithstanding the foregoing, the Local Vice President or Delegate shall be retained by the Company regardless of seniority as long as there is remaining work available for which they can meet all the requirements and provided there are other employees in the bargaining unit who have been retained to work in the office.
E. When an employee fails on a displacement and is removed from his/her present the job then the displaced employee and any subsequent displaced employees in a particular "chain of displacements" will be returned to their former jobs. This will include extending recall opportunity to the last employee in the chain who may be out of the plant on layoff.
F. Displacement Failures - Management agrees that an employee with established seniority who fails on a displacement may, only once in connection with circumstances flowing from an original removal due to lack of work, displace the shortest service employee in the lowest classification in the bargaining unit on whose job it is reasonable to expect that they will be able to meet the normal requirements of the work.
G. Prior to a layoff either party may request to be transferred into meet and discuss alternate solutions which, through compromise, provide a posted vacant bargaining unit position for mutually satisfactory placement of those individuals laid off and which best suits the employee continued productivity of all areas concerned. If a mutual agreement is immediately qualified to perform not reached on a compromise, the required work.
8. regular procedures outlined in Article 5 – Seniority will continue apply
H. The Company will undertake the following in the situation where an employee's layoff is canceled or extended for more than 30 days: • In such cases an employee in process who bypassed this displacement opportunity as a result of the layoff listing will be granted a displacement interview on request. On the subject of temporary lack of work in an area, the parties agree to accrue up to eighteen (18) months during time spent co-operate in alleviating the impact on layoffthe business. Employees and management will co-operate, and be creative should a circumstance arise, and implement measures such as: • loan out • training • update standards • vacation • other creative measures, etc. An employee may choose immediate layoff instead of the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or following procedure set out above without losing their recall rights.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during Whenever employees are laid off, affected employees shall be laid off according to the layoff process an employee submits his notice of retirementseniority within the classification, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within least senior employees laid off first. Seniority shall be defined as the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees uninterrupted length of continuous service with the same job Board in a particular classification and within computed from the affected department(s)latest date of hire or appointment to the employee’s present classification. The University shall then lay off part-time employees with the same job classification and within the affected department(s)Authorized leaves of absences do not constitute an interruption in continuous service.
2. If further reductions are required, employees in The classifications to be used for the affected job classification(s) purpose of defining classification seniority shall be laid off classifications specified as follows:
a. any Custodian/ Groundskeeper/Maintenance
b. Cafeteria / Cook
c. Secretary / Clerk
d. Bus Driver
e. Mechanic
f. Aides
g. Monitors / Crossing Guards
3. The Board shall determine in which classifications the layoff should occur and the number of employees to be laid off. Each employee to be laid off shall be given advance written notice stating the effective date of the intended layoff.
4. Employees who have worked under contract in another classification, and are subject to layoff, may displace the least senior employee in their former classification providing the following conditions are met:
a. The employee must have satisfactory experience in the affected former classification.
b. The employee must have more years of experience in the former classification who have active discipline at than the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41least senior employee currently in the former classification, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall must have more total years of experience, when combining his/her current classification with his/her former classification(s), than the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityleast senior employee who is currently working in the former classification.
3. Student employees shall not c. The employee must be used willing to perform significant components accept the pay scale of the position of former classification.
5. Employees displaced by the Layoff Procedure above may bump employees with less seniority as follows:
a. An Employee desiring to bump shall first bump the least senior employee in any classification previously held by a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, b. In the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If event that a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request employee has no previously held classification, or is unable to be transferred bump into a posted vacant bargaining unit position previously held classification, such laid off employee may bump the least senior employee in any classification for which the employee he/she is immediately qualified to perform as determined by the required workSuperintendent.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Negotiated Agreement
Layoff Procedure. A. Once A permanent employee subject to layoff will be placed using the University determines following procedures in the need order set out below:
(a) An employee will first be offered any available permanent vacancy for which the employee has the required qualifications. The employee will have a maximum of seven (7) calendar days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a layoff existsperiod of one (1) calendar year.
(b) If there are no vacancies available for which the employee has the required qualifications, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoffif available, the University will review its layoff rationale. Where appropriateemployee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 9.05, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with employee's hourly rate of pay will be maintained so long as the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees employee remains in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform which the work, with employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the exception hourly rate of pay of the Technology Scale, where “immediately qualified” shall be defined as meeting new position equals or surpasses the minimum qualifications hourly rate of pay of their previous position.
(c) If there are no vacancies for which the position to perform employee has the required work. In determining whether qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 9.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications.
(d) This process will continue in order of seniority until each permanent employee subject to layoff obtains a position for which they are qualified or it is determined there are no positions available for which the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is does not select a position for which they are qualified, the employee shall have be laid off.
(e) If the right to grieve such decision. Part-time employees employee is not placed through the above procedures, the employee shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritypursuant to Clause 9.03.
3. Student employees shall not be used to perform significant components (f) If an employee is placed through any of the position of a laid off employee. It is agreed that this provision shall above procedures, the posting provisions under Clause 8.01 will not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementapply.
4. (g) Term Employees in the same work area and who spend the majority of their time performing the same work as the employee subject to layoff will be terminated before the permanent employee is laid off
(h) The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use procedures set out above in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it (a) through (g) shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.completed within thirty
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once The Employer may layoff employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a reduction in the University determines work force due to a shortage of work or funds, the need abolition of positions, material changes in Departmental organization or for other reasons which are outside an employee's control. Whenever a layoff existsreduction in the work force occurs, it shall employ the following procedureprocedure shall be utilized:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). (a) The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall to be laid off as follows:
a. any within the bargaining unit classifications affected, and in the order stated, shall be: part-time, probationary, employees in serving a trial period within the affected classification who have active discipline at will be returned to their former classification. Thereafter, the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any first employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. to be laid off in the inverse order affected classifications shall be those employees with the least amount of seniority. The remaining seniority in such classification, provided, however, the senior employees within the department or unit must be immediately qualified retained are able to perform the remaining required work.
(b) There shall be no bumping rights among or between employees or classifications except as expressly set forth in procedures established by this subsection.
(1) A non-probationary employee laid off from the Police Deputy classification may displace an employee with less Departmental seniority in the Corrections Deputy classification.
(2) A non-probationary employee laid off from the Sergeant classification may displace an employee with less Police Deputy classification seniority in the Police Deputy classification. For purposes of layoff, placement, bumping, and recall, “immediately qualified” this purpose only Police Deputy classification seniority shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated include all seniority accumulated in the job description. The determination of qualifications is the responsibility of the UniversityDetective classification. If the University determines that employee is, by exercise of classification seniority, unable to displace anyone in the Police Deputy classification, the employee may utilize departmental seniority to displace an employee is not qualifiedwith less departmental seniority in the Corrections Deputy classification.
(3) An employee exercising the displacement rights provided by this subsection will be paid at the progression step resulting from adding the employee’s length of service in the lower rated classification to the employee’s length of service in all higher rated classifications. Thereafter, the employee shall advance on the pay scale in accordance with the employee’s length of service in the new classification.
(4) Any employee who is eligible to exercise the displacement rights provided for in this subsection and who elects not to accept the reduction to the lower-rated position shall have the right option of being placed on layoff status. The employee will be required to grieve such decision. Partmake a decision to accept the lower-time employees rated classification or be placed on layoff status and submit same in writing to the Human Resources Department within two (2) working days of initial notification of pending layoff from the employee’s current classification.
(5) Once an employee has exercised the displacement rights to the Corrections Deputy classification as provided for in this subsection, the employee’s classification seniority in the Corrections Deputy classification shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is deemed to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the same as the employee, University and Union can the regular hours of employees be reduced’s departmental seniority date.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Labor Agreement
Layoff Procedure. A. Once (a) In the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice event of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University Employer shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, layoff employees in the affected reverse order of their seniority within their classification, provided that there remain on the job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the ability and qualifications as required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position by law to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position .
(b) An employee who is subject to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee layoff shall have the right to grieve such decision. Part-either:
(i) accept the layoff; or
(ii) first bump an employee with less bargaining unit seniority within his or her bargaining unit (full time or part time) in a lower or identical paying classification for which they are qualified, as required by law, and can perform the duties of the lower or identical paying classification without training other than orientation;
(iii) chain bumping will be allowed with the understanding that an employee subject to layoff who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below;
(iv) consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
(v) an identical paying classification shall be include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components employee is within one percent (1%) of the position laid off employee's straight time hourly wage rate;
(vi) in the event that there are no employees within the laid off employee's classification in either bargaining unit with lesser seniority who have scheduled hours equal to or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within ten percent (10%) of the laid off employee's regularly scheduled bi-weekly hours within her classification;
(vii) when an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employees may bump into the other bargaining unit;
(viii) in the event that there are no employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee will have the right to displace an employee with less seniority, who has scheduled hours equal to or less than the employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee. It 's straight time hourly rate provided he or she is agreed that this provision qualified for and can perform the duties without training other than orientation;
(ix) the decision of the employee to choose (i) or (ii) above shall not apply be given in writing to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover lettersExecutive Director within one (1) calendar week following the notification of layoff. Employees shall also failing to do so will be deemed to have access to EAP services during this time period to deal with any stress-related issues.
5. If accepted the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in (c) For the purposes of layoff and recall, it is understood and agreed that if a temporary part time employee bumps a full time employee as part of the above noted procedure, the part time employee is accepting the full time position only.
(an d) It is understood and agreed that if a full time employee hired for bumps a specific project or hired with a defined end date) will not be entitled to placementpart time employee as part of the above noted procedure, bumping or recall rightsthe full time employee is accepting the part time position only.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once Whenever a reduction in the University determines the need for a layoff existswork force occurs, it shall employ the following procedure:procedure shall be utilized.
1. If at any time during (a) The first employees to be laid off within the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with classifications affected, as determined by the same job classification Sheriff, and within in the department(s) where the layoff(s) occurs. The University order stated, shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off be: part-time and then probationary employees. Thereafter, first employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall to be laid off as follows:
a. any employees in the affected classification who have active discipline at shall be those employees with least amount of seniority in such classification, provided, however, the suspension senior employees retained are able to perform the remaining required work.
(whether a working suspension b) There shall be no bumping among or unpaid suspension) level between employees or covered by a “last chance agreement” for conduct classifications other than that covered by Article 41, orthe procedures set forth in this subsection:
b. any employees who have i. A non-probationary employee laid off from the Deputy classification may displace an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. employee with less departmental seniority in the inverse order Corrections Officer classification. If the Deputy is, by exercise of departmental seniority, unable to displace anyone in the Corrections Officer classification, he may utilize departmental seniority to displace an employee with less departmental seniority in the Clerk Classification.
ii. The remaining employees within A non-probationary employee laid off from the department or unit Corrections Officer classification may displace an employee with less departmental seniority in the Deputy classification if properly certified.
iii. A non-probationary employee laid off from the Clerk classification may not displace an employee in any other classification.
iv. A non-probationary employee laid off from the Xxxx classification may not displace an employee in any other classification.
v. Any employee utilizing the displacement rights provided by this Article and subsections thereof, must be immediately qualified able to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting (It is understood by the parties that the individual must meet the minimum and preferred qualifications for the position said position). In those situations where there exists reasons to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting believe that an employee who meets the minimum qualifications for the position in question is not "capable of performing the work" said employee will be provided a minimum break-in period in order to perform demonstrate the necessary skill and ability to do the required work. In determining whether work within two (2) calendar weeks on the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritynew job.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once The procedure for layoff, once the University determines the need for a layoff existsnumber of positions to remain by classification has been determined, it shall employ the following procedurebe as follows:
1. If at any time during Priority lists shall be established for retained positions in each classification. The lists shall include the layoff process an employee submits his notice names of retirementthose employees who, resignation or volunteers for layoffbased on their seniority, qualify to fill the University will review its layoff rationaleretained positions. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary two or more employees with have the same job seniority date, seniority between those employees shall be determined by time in City service in the classification. Employees within a classification, who are not qualified by seniority to be on the priority list for the classification, shall be eligible to compete, by seniority, for the next lower classification priority list. If the employees are unsuccessful in qualifying for this lower priority list, they shall be laid off and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)placed on a reinstatement list.
2. If further reductions Once priority lists have been established for each classification, the bumping and layoff process would then take place. Employees are required, employees in authorized to bump to a previously held classification if they meet the affected job classification(s) shall be laid off as followsfollowing criteria:
a. any employees in Their classification has been deleted by the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, orCity.
b. any employees who have They hold a position on the priority list for their classification but are displaced (bumped) by an overall performance evaluation rating below standards (i.e. employee from a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, orhigher classification.
c. in Once an employee has ‘bumped’ to a previously held lower level position, they shall not be affected further by the inverse order current round of senioritylayoffs. The remaining employees within If an employee is authorized to bump by meeting the department or unit must be immediately qualified to perform above criteria, he/she will occupy the required work. For purposes of layoffposition held by the least senior employee on the priority list for that classification, placement, bumping, and recall, “immediately qualified” who shall be defined as meeting the minimum displaced and preferred qualifications for the position authorized to perform the work, bump downward. A regular employee who is bumped or accepts demotion in accordance with the exception this procedure in lieu of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position layoff retains reinstatement right to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the Universityhis/her former classification. If the University determines that an employee is not qualifiedauthorized to bump down, due to failure to meet the employee shall have the right to grieve such decision. Part-time employees shall above criteria, he/she will be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityplaced on the reinstatement list.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. Layoffs shall be subject to the following conditions:
A. Once A layoff of not more than twenty-two (22) days shall be determined by the University determines Employer to meet the need Employer's temporary staffing requirements. A teacher on temporary layoff may be placed on long term layoff. Employees who will be laid off for more than twenty-two (22) days will receive forty-five (45) days written notice prior to the implementation date of the layoff, except where an employee is bumped, in which case ten (10) days advance written notice will suffice.
B. If a layoff exists, it shall employ is for more than twenty-two (22) days the following procedureprocedures will be observed:
1. If at any time during Probationary teachers shall be laid off first, provided that there are tenure teachers who are certified and qualified for the layoff process an employee submits his notice of retirementassignment held by the probationary teacher remaining on staff who can fill that assignment, resignation or volunteers for layoff, unless the University will review its layoff rationale. Where appropriate, position held by the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)teacher is being eliminated.
2. Probationary teachers shall not be employed by the Employer while there are tenure teachers of the Employer who are laid off unless there are no laid off tenure teachers who are certified and qualified to fill the remaining position(s).
3. If further reductions are required, employees reduction is still necessary then tenure teachers in the affected job classification(s) specific positions being reduced or eliminated shall be laid off in accordance with seniority, certification and qualification, as follows:defined in this Article.
a. any employees in the affected classification who 4. Teachers whose positions have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee been eliminated shall have the right to grieve displace the least senior bargaining unit member occupying a position which the displaced teacher is certified and qualified to hold, except where to do so would be contrary to the Teachers' Tenure Act through allowing a tenure teacher to be displaced by a more senior probationary teacher. Should there be no such decision. Part-time employees individual to displace, the teacher shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityplaced on layoff status.
3. Student employees C. Any layoff shall not be used to perform significant components suspend for the duration of the position layoff the Employer's obligation to pay salary or fringe benefits under any individual contract of employment or under this Agreement; however, a laid off employee. It is agreed that this provision teacher shall be eligible to receive any benefits which were earned but not apply to students, whether yet paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once Xxxxxx may be initiated at the University determines City's discretion because of a material change in job duties or organization, a shortage of work or funds. The City reserves the need for a right to determine which services will be discontinued and which positions will be subject to this layoff existsprocedure. Upon this determination, it shall employ subject to the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoffdisplacement rights stated below, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees employee with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-least time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) classification plus higher classifications shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other first. If more than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the one employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employeesin the same classification, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless the order of senioritylayoff will be from the employee with the least seniority to the employee with the greatest seniority in the classification affected by layoff.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
41. The University City shall make available provide written notification to laid-off employees, all employees subject to layoff at least 45 calendar days prior to their layoff the effective date, job and career advising and information on benefits. Upon request, the University City shall provide reasonable access meet with employees' representative concerning the impact of the City's decision to personal computersinitiate layoff action.
2. The employees whose positions have been eliminated are entitled to downward or lateral displacement rights over other sworn employees in the Police Department with less seniority. The City shall inform affected employee of their displacement rights and said employee must inform the Human Resources Department, in writing, of their intention to exercise their displacement rights no later than three (3) working days after notification.
3. When an employee exercises his/her displacement rights, he/she must hold greater seniority in the classification in which the employee is seeking placement, plus higher classifications and copiers for use may displace only the employee with the least seniority in preparing resumes and cover lettersthe lower classification.
4. Employees Seniority within a classification shall also have access to EAP services during this time period to deal with any stress-related issuesbe based on continuous service within the class.
5. If the work force is to be reduced, it Employees who have been laid off shall be accomplished placed on a reemployment list and shall be offered employment into their former classification in preference of new applicants. Reemployment lists will be established by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours classification so that reemployment will be in reverse order of employees be reducedlayoff.
6. If When a vacancy occurs in a classification for which a layoff occurs during a period of unpaid leavereemployment list has been established, the senior employee on leave thereon (as measured by continuous service within the class to which reemployment is sought) will be notified by certified U.S. Mail at his/her last known address and given the opportunity to accept or reject appointment into the vacant position. Notification shall receive be deemed completed upon deposit of the same notice in the U.S. Mail. He/she must advise the City of his/her decision no later than five (5) working days following notification. If he/she accepts, he/ she must report for work no later than two (2) calendar weeks from the vacancy notification date. If he/she declines, his/her name will be removed from the reemployment list and he/she forfeits all rights under this Agreement upon return to work as other employeeswhich he/she would otherwise be entitled.
7. Any When an employee scheduled is notified of a vacancy, as noted above, and failed to be laid off from respond to the notification letter within five (5) working days thereafter or accepts appointment but fails to report to work within the two-week period following notification, his/her present job may request name will be removed from the reemployment list and he/she forfeits all rights to which he/she would otherwise be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required workentitled.
8. Seniority will continue A person shall be dismissed for cause from a reemployment list. The individual on the reemployment list shall have no means by which to accrue up to eighteen (18) months during time spent on layoffadministratively or civilly contest dismissal from the reemployment list, and the employee 'cause' upon which dismissal shall retain all seniority accumulated prior be based, shall be the same type of cause which could form the basis for disciplining a regular employee. The existence of such 'cause' shall be established where the Police Chief determines that probable cause exists to layoffbelieve that the misconduct has occurred. No evidentiary or other hearing shall be convened in connection with the finding of such 'cause.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.'
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once When it is determined by the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-that bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall must be laid off as follows:
a. the following principles and procedures will be applied. Basic employee under the following a if he/she has less than one year’s seniority at the time of layoff or if the l off is to be for two weeks or less duration, e/she may exercise his/her seniority rights only within his/her own Department; if he/she has one year’s seniority or more at the time of layoff and if the layoff to exceed two week’s duration, he/she may exercise his/her seniority rights in all Departments listed in Article of the Collective to exercise seniority the surplus employee must. be capable of performing the work of the employee he/she replaces. Procedure ass’ the least in that cl may “bump” the most junior in a lower class’ l ‘ The junior em who is aced from the lowest classification in t e Group may, if s/her seniority permits, “bump” the junior employee in his/her Department (Campus Engineering Services, Residence Operations, General Services, Parking or Physical on Educati . e junior surplus em of a Department may exercise provided of the employee Recall . Em with recall rights shall be considered ill for any employees vacancy for which they are m Provided they are capable of performing the available work, e having recall shall be considered or such work in order oft seniority. APPENDIX c Local shall elect or appoint its representative to the joint administrative committee, established by the University, for the purposes of implementing and monitoring an Employee Assistance Program. As of May any new full-time continuing em of Locals will be required, unless adequately covered, to in the affected classification Long Term Disability Insurance Plan. It is understood that when a bargaining unit member of Local is placed on his/her position will be held for a period of up to three years. APPENDIX D Recent amendments to the Income Tax Act have allowed Xxxxx’s to establish a plan which will provide tax relief to Employees who have active discipline at wish to self-fund a leave of absence. This document describes the suspension (whether general terms, and administration of a working suspension or unpaid suspension) level or covered by self-funded leave plan. The precise terms and conditions governing the plan are set out in a “last chance agreement” for conduct other than formal agreement which the Employee will be required to sign the plan. In the event that covered by Article 41the se shall take precedence. a am specified period, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. Employee would go on leave of absence and be paid the amount set aside in the inverse order interest-bearing trust. For ex this plan, an Employee may work h three years, receive (and pay tax on only of seniorityhis er normal salary. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications would e held in an interest-bearing trust for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required workEmployee. In determining whether the employee is immediately qualifiedyear four, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated Employee would go on leave of absence and receive the amounts which had been set aside in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityprevious years.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once After the University determines Board has determined the need for a layoff exists, it shall employ number of positions to be filled within the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoffDistrict, the University District will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s)give five (5) days’ notice to those employees whose positions will be eliminated or whose hours or months will be reduced. The University affected employees will have the option of retaining the position as changed or taking the position of the least senior employee which would allow the employee to maintain his/her status quo (status quo shall first lay off non-bargaining unit temporary employees with mean the same shift and same hours) in that job classification and within the department(s) where the layoff(s) occursclassification. The University job classifications are identified as Lead Mechanical/Electrical Technician, Mechanical/Electrical Technician, Utility/Maintenance Worker, Groundskeeper, General Laborer and Custodian. Affected employees shall then lay off probationary be allowed to bump less senior employees with (by District seniority) in equal or lower classifications to positions for which they are qualified. As determined by the same job classification District, qualified shall mean having demonstrated skills and within required qualifications and experience to perform the affected department(s)job. The University District shall then lay off part-time employees with provide an explanation if the same job classification and within the affected department(s).
2person is determined to be not qualified. If further reductions are required, employees in the affected job classification(sAn employee who has exercised his/her bumping rights shall serve a probation period of three (3) months. An employee who does not successfully complete this probation period shall be laid off as follows:
a. any employees in and shall remain on the affected classification who have active discipline recall list for the portion of his/her twelve (12) months remaining at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for time the two most recent performance evaluation rating periods, or
c. in the inverse order of senioritybumping was exercised. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” last employee laid off in any given classification shall be defined as meeting the minimum and preferred qualifications first employee to be returned to any opening later created in that classification for a period of one (1) calendar year from the position to perform the work, with the exception date of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether layoff if the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job descriptionavailable for work. The determination of qualifications is the responsibility of the University. If the University determines that an employee is Bargaining unit members will not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before fullwhile a specially funded ad hoc program employee is employed in a position performing basically the same duties. If advance information is available, the District will attempt to make necessary reductions via attrition. Employees on layoff status shall file their mailing address, e-time employees, mail address and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components phone number with the Human Resources Department of the position District and shall thereafter promptly advise the District, in writing, of a laid off employeeany change in contact information. It is agreed that this provision An employee shall not apply forfeit all rights to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laidre-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, employment with the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, District if the employee on leave shall receive does not comply with the same rights under this Agreement upon return requirement to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into provide a posted vacant bargaining unit position for which current mailing address and phone number or if the employee is immediately qualified to perform does not accept the required workoffer of re-employment with the District within five (5) working days of notification.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once Whenever the University determines number of employees is reduced within a classification due to lack of funds, reduction in or lack of work, or abolition of a position, the need for a layoff exists, it layoffs shall employ be conducted under the following procedureprocedure recognizing seniority:
1. If at any time during In the event it becomes necessary to reduce staff, attrition will be used prior to a layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)current employees.
2. If further reductions are required, employees in In the affected job classification(s) shall be laid off as follows:
a. any employees in event the affected classification who have active discipline at individual whose position is eliminated is not the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, person with the exception of the Technology Scaleleast job classification seniority, where “immediately qualified” shall that individual will be defined as meeting the minimum qualifications for the position permitted to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated bump any less senior person in the job descriptionclassification of layoff. The determination of qualifications is individual bumped may, in- turn, bump any person with less seniority in the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityjob classification.
3. Student employees In the event an aide’s position is eliminated after the first month of the school year and after bidding has been completed, the aide will be offered an open position with the same scheduled hours/days of work. If no position is available (with the same hours/days) the aide will be used where needed until the time a position is posted in accordance with this Agreement. Either instance will result in the employee maintaining their bumping rights until after the school year has ended and the aide shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementhave their pay reduced.
4. The University shall make available procedures with respect to laid-off employeesseniority and probationary periods contained in Article 7, prior Seniority, will apply to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issuesdisplacements occurring as a result of layoffs.
5. If Any further layoffs will follow the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reducedsame procedure.
6. If An employee bumped from their current position with no ability to displace another employee within their classification, may bump a layoff occurs during a period of unpaid leave, less senior (system seniority) employee in any other classification for which they are qualified as determined by the employee qualifications listed on leave shall receive the same rights under this Agreement upon return to work as other employeesjob description.
7. Any employee scheduled For the purpose of layoff and bumping rights the following aides classifications will be considered as the same job classification: health aides, orthopedic aides, TV Center aides, educational aides, classroom aides, library aides, and bus aides.
B. 1. Employees will be recalled in the reverse order of job classification seniority, according to be the classification or class from which they were laid off. The Union president shall receive a list(s) of any employees laid off and/or recalled. Any laid off employee shall maintain recall rights for a period of two (2) years from his/her present job may request to the date of layoff. During the two (2) year period no one will be transferred hired or promoted into a posted vacant bargaining unit classification until all laid off employees in that classification are reinstated or decline the position for which when it is offered. Attempts will be made to notify laid off employees by telephone, then by registered mail. It is the employee is immediately qualified employee's responsibility to perform keep a current telephone number and address on file in the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, office of the Director of Classified Personnel and the employee shall retain all seniority accumulated prior to layoff.
9Support Services. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.bumped out of a
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once the University determines the need for a layoff exists, it Layoffs shall employ be subject to the following procedureconditions:
A. A layoff of not more than thirty (30) days shall be determined by the Employer to meet the Employer's temporary staffing requirements. A teacher on temporary layoff may be placed on long term layoff.
B. A layoff of more than thirty (30) days shall conform to the following guidelines:
1. If at any time during Unless the layoff process an employee submits his notice Employer and the Association shall have agreed to a different order of retirement, resignation or volunteers for layoff, teachers shall be laid off in the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees order of seniority starting with the same job classification least senior teacher, provided that the remaining teachers are certified and within qualified to perform the department(s) where duties of the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification positions to be filled and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)such layoff does not violate any applicable laws, regulations or agreements.
2. The Employer shall give not less than twenty (20) calendar days notice of layoff.
C. Any layoff shall suspend for the duration of the layoff, the Employer's obligation to pay salary or fringe benefits under any individual contract of employment or under this Agreement. However, a teacher shall be eligible to receive any benefits and salary which were earned in accordance with Schedule A-2.3, but not yet paid prior to the layoff.
D. If further reductions a teacher is laid off during a break period (winter or summer) and subsequently is recalled for the regularly scheduled work year, suffers no loss of pay and collects unemployment compensation, the teacher shall reimburse the District all employment compensation paid. Reimbursement shall be made to the District by direct payment or payroll deduction at the teacher’s discretion.
E. If the layoff opens a position, that position shall first be posted internally for five (5) business days.
F. If the number of teachers in a building/subject area is to be reduced the employer shall first seek a volunteer for transfer to any vacant position. If there are requiredno volunteers, employees the least senior teacher in the affected job classification(seffected grade level(s)/subject area(s) shall be laid off as followsmay either:
a. any employees 1. Displace the least senior teacher in the affected classification who have active discipline at building/subject area unless they are the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41least senior teacher, or,
b. 2. Elect to fill their choice of any employees existing vacancy. The teacher who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) is displaced from the building/subject area may choose any existing vacancy for which they are certified and qualified. In all cases, the two most recent performance evaluation rating periods, or
c. teacher must be certified to teach in the inverse order of seniorityassignment. The remaining employees within If the department or unit must assignment requires any special training, the employee will be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications trained for the position at the employer’s expense provided that such training can be reasonably completed within thirty (30) days. In no case will the employer be obligated to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications pay for the position employee to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information acquire new endorsement(s) on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to teacher certificate. All teachers must be transferred into a posted vacant bargaining unit position for which the employee is immediately highly qualified to perform the required workas defined under NCLB and its regulations.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once the University determines the need for a layoff existsWhen it is necessary to lay off employees in any Division, it shall employ the following procedureshall govern:
1. If at A. Part-time, seasonal, variable, and temporary employees who perform work similar to bargaining unit employees will be laid off in any time during order within the layoff process an employee submits his notice of retirement, resignation or volunteers for Division affected by the layoff, providing the University will review its layoff rationale. Where appropriateremaining employees are able to perform the work with normal instructions and supervision, and providing further that they possess those minimum qualifications, certifications, and/or licenses required for the University may curtail staff reductions position by law.
B. Regular full-time probationary employees are the next to be laid off in any order within the Division affected by the layoff, provided the remaining employees are able to perform the work with normal instructions and supervision and provided further that they possess those minimum qualifications, certifications, and/or recall laid-off employee(s). The University shall first licenses required for the position by law.
C. If it is necessary to lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are requiredadditional employees, employees in the affected job classification(s) they shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse reverse seniority order of seniority. The remaining employees within the department or unit must be immediately qualified Division affected by the layoff, providing the remaining seniority employees are able to perform the required work. For purposes of layoff, placement, bumpingwork with normal instructions and supervision, and recallproviding further that they possess those minimum qualifications, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications certifications and/or licenses required for the position to by law.
D. An employee affected by a layoff may bump into a position of equal or lower pay grade in their assigned classification group (See Appendix A – Bumping Classifications) within the bargaining unit, which is held by an employee with less seniority, provided the employee can perform the work, with the exception duties of the Technology Scalenew position with normal instructions and supervision and providing further the employee possesses those minimum qualifications, where “immediately qualified” shall be defined as meeting the minimum qualifications certifications, and/or licenses required for the position to by law.
E. An employee who has been promoted, and cannot bump an employee within their classification group may bump the least senior employee in the classification they have most recently held providing that the affected employee has more seniority. They may move back through any position which they have previously held as necessary, and providing they still possess those minimum qualifications required for the job.
F. If the affected employee does not meet the criteria for bumping in either 10.3D or 10.3E, the employee may bump starting from the least senior employee in the bargaining unit, in equal or lesser classification provided the employee can perform the required work. In determining whether duties of the new position with normal instructions and provided the employee is immediately qualifiedhas the necessary qualifications certifications and /or licenses required by law. Shall the employee affected by the layoff not meet the qualifications, certifications, license requirements, etc. of the University shall give consideration least senior employee; the employee may continue to ability, aptitude, skill, experience, bump from the least senior employee up until they meet the qualifications. They must take the first position they meet the qualifications as stated in the job descriptionfor. The determination of qualifications is will be made by the responsibility employer. An employee who bumps into another position shall be paid at the pay rate of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of new position in accordance with their seniority.
3. Student employees shall not be used G. An employee must notify the Employer in writing of their intention to perform significant components exercise bumping rights within ten (10) working days of the position date of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University notice or they shall provide reasonable access forfeit all rights to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issuesbump.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. The Company will provide the Union with advance notice of all layoffs per the Canada labour Code (2 weeks paid or working notice). It is the desire of the Company and the Union to provide full and efficient employment. The Company recognizes that unnecessary movement of people not only disrupts the employees but also has a negative impact on quality and customer satisfaction. Therefore, the parties agree that when layoffs are occasioned by work shortages or other unforeseen circumstances, the following provisions shall apply. The parties also agree that these provisions shall not apply in the event of scheduled shutdowns.
A. Once Layoffs of Fifteen (15) days or less In the University determines the need event that it becomes necessary to layoff employees in any classification for a layoff exists, it shall employ period of fifteen days or less the following procedure:rules will apply.
1. If at any time during a) The Company will determine the layoff process an employee submits his notice number of retirement, resignation or volunteers for layoffaffected employees, the University affected classifications and the affected occupations.
b) Any employees who have not completed their probationary period will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). be laid off.
c) The University shall first lay off non-bargaining unit temporary employees with the same job shortest seniority in the Occupation will be laid off, subject to the remaining employees being able to meet all requirements of the remaining work available
B. Layoffs Exceeding Sixteen (16) days or more In the event that it becomes necessary to reduce the number of employees in any classification and within for a period of sixteen (16) days or more, the department(sfollowing rules shall apply:
a) where The Company will determine the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within number of affected employees, the affected department(s). The University shall then lay off part-time employees with the same job classification classifications and within the affected department(s).occupations
2. If further reductions are required, employees in the affected job classification(sb) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any Any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall completed their probationary period will be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityoff.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. c) The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the next employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from will be the most junior employee in the affected Occupation. Seniority will be the major factor governing such layoffs, subject to the remaining employees being able to meet all the requirements of the remaining work.
C. An employee who is laid off/bumped under section B shall be entitled to exercise his/her present seniority to bump a more junior employee who is the most junior employee in another occupation, provided the employee is able to meet all of the requirements of the remaining work
D. An employee who is bumped/laid off under section C shall be entitled to exercise his/her seniority to bump a more junior employee who is the most junior employee in another occupation, provided the employee is able to meet all of the requirements of the remaining work An employee who is laid off under section D will not be able to exercise their seniority to bump another employee into the plant. In all cases of displacement, transfer or layoff due to lack of work it is understood that in claiming a job under section B, C, the employee must meet the requirements of that work in that Occupation in terms of quality and quantity within twenty (20) working days of training or such longer period as is mutually agreed. Notwithstanding the foregoing, the Union Chair or Vice Chair shall be retained by the Company regardless of seniority as long as there is remaining work available for which he/she can meet all the requirements and provided there are other employees in the bargaining unit who have been retained to work in the office.
E. When an employee fails on a displacement and is removed from the job then the displaced employee and any subsequent displaced employees in a particular "chain of displacements" will be returned to their former jobs. This will include extending recall opportunity to the last employee in the chain who may be out of the plant on layoff.
F. Displacement Failures - Management agrees that an employee with established seniority who fails on a displacement may, only once in connection with circumstances flowing from an original removal due to lack of work, displace the shortest service employee in the lowest classification in the bargaining unit on whose job it is reasonable to expect that she/he will be able to meet the normal requirements of the work.
G. Prior to a layoff either party may request to be transferred into meet and discuss alternate solutions which, through compromise, provide a posted vacant bargaining unit position for mutually satisfactory placement of those individuals laid off and which best suits the employee continued productivity of all areas concerned. If a mutual agreement is immediately qualified to perform not reached on a compromise, the required work.
8. regular procedures outlined in Article 5 – Seniority will continue apply
H. The Company will undertake the following in the situation where an employee's layoff is canceled or extended for more than 30 days: • In such cases an employee in process who bypassed this displacement opportunity as a result of the layoff listing will be granted a displacement interview on request. On the subject of temporary lack of work in an area, the parties agree to accrue up to eighteen (18) months during time spent co-operate in alleviating the impact on layoffthe business. Employees and management will co-operate, and be creative should a circumstance arise, and implement measures such as: • loan out • training • update standards • vacation • other creative measures, etc. An employee may choose immediate layoff instead of the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving following procedure set out above without losing his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once A layoff shall be defined as a reduction in the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during fire fighter workforce and the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees commence with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees fire fighter with the same job classification and within least amount of seniority provided, however, that the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions more senior fire fighters remaining are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified able to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be Fire fighters so laid off before full-time employeesshall retain, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees but shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to studentsaccrue, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their seniority while on layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9one calendar year. Employees laid Laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placementthe benefits under this Agreement. A fire fighter shall be deemed to have resigned employment if fails to report to work within ten days after notice of recall has been issued by registered mail at last known address. In the event of recall, bumping employees shall be recalled in the inverse order of layoff. No full-time fire fighter will be laid off as the direct result of the contracting out of bargaining unit work. All promotions shall be based on skill, knowledge, ability physical fitness, but in competition for promotion when these factors relatively equal as between the candidates, preference shall be given to the fighter with the greatest seniority. In determining skill, knowledge, ability, physical fitness and competence, consideration shall be given to the results of such written and practical examinations as may be developed and implemented by the Chief or recall rightsdesignate. Recommendations for promotion of fire fighters shall be based upon an evaluation of the following elements: the results of examinations taken by the fire fighter; fire fighters must obtain a minimum passing mark of sixty five percent (65% ); except that candidates for Captain must obtain a minimum passing mark of seventy five percent (75%); the reasonable physical fitness of the fire fighter based upon the Canadian Standard for Physical Fitness; the relevant experience and the fire and station record of the fire fighter Every applicant for promotion shall take such written, oral or practical examinations as may be required by the Chief of the Department and such examinations shall be based on the Department's Training Manuals and Policies. No salary increase will be made until such time as the examinations have been successfully passed. When a new rank is created, other than those presently covered by the Collective Agreement, notices shall be posted in each fire station setting out the duties of the rank and the salary rate. When such a position is posted, the Association will be given an opportunity to meet with the Administrator and the Chief. Persons selected for promotion to the position of Captain will be subject to a trial period of six (6) months and during this time performance will be reviewed and assessed by the Corporation. Where the candidate fails to complete the trial period or chooses to return within the trial period, the candidate will return to former classification and any affected employee will also return to prior classification.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once In the University determines the need for event of any reduction of workforce in a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoffdepartment, the University procedure below will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees be followed: Probationary associates in the affected job classification(s) jobs in the department shall be laid off as follows:
a. any employees first, and then associates working on affected temporary jobs in the affected classification who have active discipline at department. In the suspension (whether event there is a working suspension or unpaid suspension) level or covered reduction of workforce, a Group Leader may be bumped by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately associate qualified to perform the required workduties of their job, in accordance with Article V, Section 6.10.
6.2 The Supervisor will designate the jobs in each job classification to be closed.
6.3 The Company will prepare a Tentative Layoff List and will notify the associates affected and the appropriate Union officers not less than the tenth working day prior to any layoff of associates who have passed their probationary period.
6.4 The Tentative Layoff List shall contain the names of the associates designated for layoff. For purposes Such tentative list shall serve as notice to junior associates of the possibility of layoff, placement, bumping, . A Final Layoff List will be prepared listing the associate(s) actually laid off from the department and recall, “immediately qualified” shall be defined will serve as meeting the minimum and preferred qualifications a basis for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6Department Layoff List. If a layoff occurs during a period is canceled, it shall not be reinitiated except by following the complete procedure of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employeesSection.
7. Any employee scheduled 6.5 Sections 6.6, 6.7, and 6.10 do not apply to Apprenticeable Craft job classifications.
6.6 In selecting the associates to be designated for layoff, under Section 6.3, all trainees will be laid off from his/her present that job may request classification before qualified associates are laid off from that job classification. The least senior trainee in a job classification will be laid off. Trainees who develop the Core Qualifications to be transferred into a posted vacant bargaining unit position within two labor grades of the top rate will be considered qualified. Among qualified associates, least senior associates will be laid off first. Except as specified above, the least senior associates will be designated for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
96.7 An associate designated for layoff may exercise his seniority bump rights to displace the least senior associate in his own job classification on any shift provided he is qualified; or, if qualified, he may displace the least senior associate in any other job classification on any shift within the department and within the provisions of this Section. Employees laid off while serving his/her initial probationary period or employees After an associate has exercised his bump rights within his department, such associate may exercise his right to bump an associate with less seniority in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placementany other classification on any shift throughout the Plant, bumping or recall rights.if qualified. There is
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once the University determines the need for a The City Manager may layoff exists, it shall employ the following procedure:
1. If regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the employee's organization are to be given two weeks notice before such a layoff is to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two week period prior to the proper layoff process an action.
B. A demotion or transfer to another department may be made to prevent a layoff provided the employee submits his notice is qualified by education and/or experience and is capable of retirement, resignation or volunteers for performing the duties of the classification.
C. In the event of a layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary those employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees least service in the classification affected job classification(s) shall be laid off as follows:first; if a recall begins, the most senior employees laid off in
a. any 1. Temporary employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, orshall be removed first.
b. any 2. Probationary employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” affected classification shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityremoved next.
3. Student Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees shall not be used in the classification, department, or section who have the ability to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementavailable.
4. D. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from hisshall be entitled to displace to a position in a classification occupied by an incumbent with less overall City (displacement seniority) seniority provided it is in a position in which he/her present job may request to be transferred into she formerly held a posted vacant bargaining unit position for which the employee regular appointment, or is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoffby education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall retain all seniority accumulated prior to be displaced by the person scheduled for layoff.
9. Employees E. The employee displaced shall be considered as laid off while serving his/her initial probationary period or employees for the same reason as the person who displaced him, and shall in the same manner, be eligible to displace to a position in a temporary position classification in which he/she formerly held a regular appointment or is qualified by education and/or experience, and is capable of performing the duties of the classification.
X. Xxxxxxx to return to work from layoff within fifteen (an 15) calendar days after notice to return by certified or registered mail to the employee hired for a specific project at his last known address on file with the City Human Resources Office or hired with a defined end date) will not be entitled by personal delivery shall constitute the employee's waiver to placement, bumping or recall rightsreturn to work and eliminates any future re-employment responsibilities placed on the City.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during Xxxxxx is defined as a reduction in the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)working force.
2. If further reductions are a layoff becomes necessary the following procedures will be mandatory:
a. Layoffs, as required, shall be made within the affected classifications in the affected department.
b. Such reduction will be made in the first instance by terminating probationary and temporary employees in the affected job classification(s) classifications.
c. If a further reduction in force is required, such reduction, in the case of seniority employees, will be made in inverse order of seniority within the affected classification in the affected department.
3. When an employee is laid off, due to a reduction in the work force, he or she shall be laid permitted to exercise his/her seniority rights to "bump" or replace an employee with less seniority in classifications covered by this Agreement in the department from which the employee was laid- off as followsonly. Such employee may "bump" an employee in an equal or lower job classification under the following conditions:
a. any employees He/she shall have seniority as required and as defined in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 4129, orSeniority, of this Agreement.
b. any employees who have an overall performance evaluation rating below standards (i.e. Current ability to do the available work, meet the qualifications and perform the duties of the job without a “needs improvement” rating trial or below) for the two most recent performance evaluation rating periods, ortraining period.
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoffAn employee who qualifies for rights as set forth above, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve exercise such decision. Part-time employees shall be laid off before full-time employeesright or to accept layoff, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityby so notifying his/her Department Supervisor in writing.
3. Student employees shall not be used to perform significant components d. Failure of the position affected employee to exercise such ‘bumping rights” at the time of a laid off employee. It is agreed that this provision shall not apply to studentslayoff, whether paid or unpaid, performing work will result in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementforfeiture of “bumping rights” during the term of such layoff.
4. Employees to be laid off for an indefinite period of time will have at least seven (7) calendar days notice of such layoff. The University Union President shall make available receive a list from the Employer, of the employees being laid off, on the same date the notices are issued to laid-off the employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished Employees in classifications covered by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be who are laid off from his/her present job may request to their regular employment as a result of a reduction in force, will be transferred given consideration, by interview, for hire into a posted vacant bargaining unit position like classification only, for which they qualify, when opportunity for such hire occurs in the department from which the employee was laid off. Like classification is hereby defined as a classification in which the employee was employed at the time of lay-off, or a classification for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving by virtue of his/her initial probationary period or knowledge, skills and abilities, as determined solely by the Employer.
6. Employees selected pursuant to paragraph 5 who will then have seniority in the new classification in accordance with the provisions of "seniority defined" as outlined in Article 29 of this Agreement. Such employees in shall serve a temporary position ninety (an employee hired for a specific project or hired with a defined end date90) day trial period, during which time the Employer may terminate the employee. Such termination by the Employer will not be entitled to placement, bumping or recall rightsaffect the former lay-off for seniority status of the employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the University determines the need for employee's organization are to be given two week notice before such a layoff existsis to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two week period prior to the proper layoff action. A demotion or transfer to another department may be made to prevent a layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. In the event of a layoff, it those employees with the least service in the classification affected shall employ be laid off first; if a recall begins, the following proceduremost senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully apprized in advance. The order of layoff shall be:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any Temporary employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, orshall be removed first.
b. any 2. Probationary employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” affected classification shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityremoved next.
3. Student Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees shall not be used in the classification, department, or section who have the ability to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4available. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request shall be entitled to be transferred into displace to a posted vacant bargaining unit position for in a classification occupied by an incumbent with less overall City (displacement seniority) seniority provided it is in a position in which the employee formerly held a regular appointment, or is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoffby education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for layoff. displace to a position in a classification in which the employee formerly held a regular appointment or is qualified by education and/or experience, and is capable of performing the duties of the classification. Failure to return to work from layoff within fifteen (15) calendar days after notice to return by certified or registered mail to the employee at his last known address on file with the City Human Resources Office or by personal delivery shall retain all seniority accumulated prior constitute the employee's waiver to layoffreturn to work and eliminates any future re-employment responsibilities placed on the City.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once A layoff is defined as a separation from the University determines service for involuntary reasons, other than resignations, not reflecting discredit on an employee. An employee and the need Union shall be given written notice of layoff at least fifteen (15) calendar days before the effective date stating the reasons for the layoff.
a. The Agency shall determine the specific positions to be vacated.
b. Layoff lists will apply to employees in a classification. Any regular status employee shall be permitted to displace an employee in the same classification with less seniority unless that employee has been protected under 22.1.
c. A regular status employee notified of a pending layoff existsmay elect to be laid off or has the options listed below.
(1) The employee may displace the employee in the same classification who is the least senior trial service employee not protected in Section 22.1 or who is the least senior regular status employee not protected in Section 22.1 if there are no trial service employees. To displace either a trial service or regular status employee, it shall employ the following proceduredisplacing employee must:
1. If at (a) Have greater seniority than the trial service or regular status employee;
(b) Meet any time during special qualifications for the layoff process an employee submits his notice position as shown in the class specification and the position description; and
(c) Be capable of retirement, resignation or volunteers for layoff, performing the University will review its layoff rationale. Where appropriate, specific requirements of the University may curtail staff reductions and/or recall laid-off employee(s)position within three (3) weeks. The University shall first lay off non-bargaining unit temporary employees agency will determine this by:
i. Reviewing an application/resume submitted by the employee; and
ii. Reviewing the employee’s statement why the employee is qualified for the position; and if needed;
iii. Testing the employee on the duties of the position sought. The Agency will use the same test with the same job answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not meet these criteria for the position held by the least senior employee in the same classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the same classification or there are no more positions in the same classification held by an employee with less seniority who has not been protected under 22.1.
(2) If no option is available in subsection (1) above, the employee may demote and displace the employee in a lower classification who is the least senior trial service employee not protected in Section 22.1, or who is the least senior regular status employee not protected under 22.1 if there are no trial service employees. To demote and displace either a trial service or regular status employee in a lower classification, the displacing employee must first consider the most recent previously held classification, including any predecessor classification, prior to the employee’s present classification and:
(a) Have greater seniority than the employee to be displaced;
(b) Meet any minimum or special qualifications for the position;
(c) Have previously held regular status in the lower classification, including any predecessor classification; and
(d) Be capable of performing the specific requirements of the position within the department(sthree (3) where the layoff(s) occursweeks. The University shall then lay off probationary employees agency will determine this by:
i. Reviewing an application/resume submitted by the employee; and
ii. Reviewing the employee’s statement why the employee is qualified for the position; and if needed;
iii. Testing the employee on the duties of the position sought. The Agency will use the same test with the same job answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not satisfy the above requirements for the position held by the least senior employee in the relevant lower classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the lower classification and within or there are no more positions in the affected department(slower classification held by an employee with less seniority who has not been protected under 22.1.
(e) If no option is available under subsection (2) above in the most recent previously held classification, including any predecessor classification, the employee will then consider their second most recent previously held classification, including any predecessor classification. The employee will follow the same process listed above in 22.2 c. (2) (a through d). The University shall then lay off part-time employees If necessary, this process will continue for as many previously held classifications, including predecessor classifications, that the displaced worker has held while with the same job classification and within the affected department(s)agency.
2. If further reductions are required(3) For the purposes of this Article, employees Liquor Control Inspector, Liquor License Investigator and Liquor Regulatory Specialist will be treated as a single classification.
d. No trial service or regular status employee in the affected job classification(s) a particular office or duty station shall be laid off as follows:
a. any employees while a temporary employee in the affected classification who have active discipline same class is employed at the suspension (whether a working suspension same particular office or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityduty station.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once In the University determines the need event certain bargaining unit positions are targeted for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation transfer or volunteers for layoff, the University Parties will review its attempt to reassign employees to other job classifications prior to utilizing the layoff rationaleand recall procedure.
A. These reassignments will be through the Classification Committee and may be outside the employees’ normal duties, provided they meet the minimum qualifications of the new assignment. Where appropriate, Such reassignments will be offered by seniority within affected classifications. Reassigned employees not electing to accept reassignment may pursue participation in the University may curtail staff reductions and/or recall laidjob-off employee(s)share program. Layoff of employees not reassigned nor participating in job-share shall be in accordance with the provisions of this Article.
B. Seniority shall be used to determine the order of layoffs. The University least senior employee in a position targeted for layoff shall be the first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)to be laid off.
2. If further reductions are required, employees in the affected job classification(s) shall be laid off C. The Company will give two weeks written notice of layoff and provide a layoff allowance as follows:
a. any employees D. The employee to be affected may, at the employee’s own discretion, replace another employee with less seniority in the affected same or lower classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform Company, provided that the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting employee meets the minimum qualifications for that position.
E. The Classification Committee shall determine the position to perform the required workqualifications of employees. In determining whether the event the Classification Committee is unable to reach a decision within three working days, an impartial tiebreaker will be selected by the appropriate Division Vice President and the Union Business Manager or designees to make the final decision as to an employee’s qualifications.
F. The employee may seek job-share in lieu of a layoff as provided in Section 5.10 of this Agreement. However, if no job-share opportunity can be identified within the notice period given to the employee is immediately qualified, the University employee shall give consideration be subject to ability, aptitude, skill, experience, qualifications layoff as stated in the job descriptionscheduled.
G. A laid-off employee shall have recall rights for two years after layoff. The determination of qualifications is the responsibility Union will be advised of the Universityrecall and will have three business days to send notification of recall to the employee. If the University determines that an employee is does not qualifiedreturn within 14 calendar days of when notification was sent, or make alternative arrangements satisfactory to the Company, the employee shall Company will have the right fulfilled its obligations to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return in regards to work as other employees.
7. Any employee scheduled to be laid off recall from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9H. A recalled employee maintains his service and seniority date, as well as rate of pay. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.2018-2023 Collective Bargaining Agreement
Appears in 1 contract
Samples: Collective Bargaining Agreement (Alaska Communications Systems Group Inc)
Layoff Procedure. A. Once (a) In the University determines event of layoffs, the need for a Employer shall lay off employees in reverse order of seniority within their classification, provided that there remain on the job employees who are able to meet the normal requirements of the job.
(b) An employee who is subject to layoff exists, it shall employ have the following procedureright to either:
1. If at any time during (i) Accept the layoff process layoff; or
(ii) Displace an employee submits his who has • less bargaining unit seniority in a lower or identical paying classification; and • who has scheduled hours less than or equal to the employee being laid off; and • if the employee originally subject to layoff is qualified for and can perform the duties without training other than orientation.
(iii) An employee who wishes to exercise her or her right to displace another employee with less seniority shall advise the Employer within seven (7) days of the date of the notice of retirementlayoff issued by the Employer.
(iv) For the purpose of the operation of clause (b) ii), resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay laid off part-time employees with shall not have the same job classification and within the affected department(s)right to displace full-time employees.
2. If further reductions are required(a) An employee shall have opportunity of recall from a layoff to an available opening, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within , provided they have the department or unit must be immediately qualified to perform the ability and qualifications as required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position by law to perform the work. In determining the ability and qualifications as required by law, with as agreed between the exception parties, of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position an employee to perform the required work. In determining whether work for the employee is immediately qualifiedpurposes of the first sentence above, the University Employer shall give consideration not act in an arbitrary manner.
(b) No new employees shall be hired until all those laid off have been given an opportunity to abilityreturn to work and have failed to do so, aptitudein accordance with the loss of seniority provision, skill, experience, qualifications as stated in or have been found unable to perform the job description. The determination of qualifications work available.
(c) It is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be who has been laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless to notify the Employer of seniority.
3. Student employees shall not be used his/her intention to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7within fourteen (14) calendar days after being notified to do so by registered mail, (which notification shall be deemed to have been received on the second date of mailing) and return to work within fourteen (14) calendar days after being notified. Any employee scheduled The notification shall state the job to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified eligible to perform be recalled and the required date and time at which the employee shall report for work.
8(d) Employees on layoff or notice of layoff shall be given preference for temporary vacancies. Seniority will continue An employee who has been recalled to accrue up such temporary vacancy shall not be required to accept such recall and may instead remain on lay off. This provision supersedes the job posting provision.
(e) An employee who has been separate from employment by layoff shall be listed according to seniority for a period of time equal to his seniority at the date of the layoff, but not to exceed eighteen (18) months after the date on which he was laid off. If not recalled to work during time spent on layoff, the said period his name shall then be removed from the list and the employee Union shall retain all seniority accumulated prior to layoffbe so notified.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the University determines the need for employee's organization are to be given two (2) week notice before such a layoff existsis to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two (2) week period prior to the proper layoff action. A demotion or transfer to another department may be made to prevent a layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. In the event of a layoff, it those employees with the least service in the classification affected shall employ be laid off first; if a recall begins, the following proceduremost senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully apprized in advance. The order of layoff shall be:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any Temporary employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, orshall be removed first.
b. any 2. Probationary employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” affected classification shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityremoved next.
3. Student Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees shall not be used in the classification, department, or section who have the ability to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4available. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request shall be entitled to be transferred into displace to a posted vacant bargaining unit position for in a classification occupied by an incumbent with less overall City (displacement seniority) seniority provided it is in a position in which the employee formerly held a regular appointment, or is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoffby education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for layoff. The employee displaced shall be considered as laid off for the same reason as the person who displaced the employee, and shall in the same manner, be eligible to displace to a position in a classification in which the employee formerly held a regular appointment or is qualified by education and/or experience, and is capable of performing the duties of the classification. Failure to return to work from layoff within 15 calendar days after notice to return by certified or registered mail to the employee at his last known address on file with the City Human Resources Department or by personal delivery shall retain all seniority accumulated prior constitute the employee's waiver to layoffreturn to work and eliminates any future re-employment responsibilities placed on the City.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once In order to promote an orderly reduction in personnel when the University determines the need for a layoff existseducational program, it shall employ curriculum, or staff is curtailed, the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University procedure will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)be used.
2. If further reductions are required, A) Probationary employees in the affected job classification(s) shall be laid off as follows:first. A probationary employee shall not be laid off unless there is a non-probationary or tenured employee who is certified and available to perform the duties of the position the probationary employee is vacating, or unless the position that the probationary employee is vacating is being eliminated altogether.
a. any B) If the reduction of employees is still necessary, then non- probationary or tenured employees in the affected classification who have active discipline at specific positions being reduced or eliminated shall be laid off on the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41basis of seniority, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. except as hereinafter provided. Layoffs made pursuant to this section shall be made in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placementi.e., bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, those with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled least seniority are to be laid off from his/her present job may request first. For the purpose of this Article “seniority” is defined to be transferred into mean the amount of time an individual is continuously employed in a posted vacant bargaining unit position with the school district. Seniority credit will be granted for time worked on the following basis: 1) employees who work or are on paid leave for at least one day more than one-half of the contract year will receive a full year of seniority; 2) employees who work one-half of the contract year or less will receive one-half year of seniority. Time on unpaid approved leave or layoff shall not constitute a break in continuous service.
C) No later than thirty (30) days following the ratification of this Agreement, and by September 30th thereafter, the Board shall prepare a seniority list. All employees shall be ranked on the list in order of their seniority as defined above. In the circumstance of more than one individual having the same seniority, all individuals so affected will participate in a drawing to determine placement on the seniority list. The Association and the employees so affected will be notified in writing of the date, place, and time of the drawing. The drawing shall be conducted openly and at a time and place that will reasonably allow affected employees and
D) Association representatives to be in attendance. The seniority list shall be published and posted conspicuously in all buildings of the District by October 15th of each school year.
E) An employee who is laid off pursuant to this Article has the right, if requested by the employee in writing to the Superintendent within ten (10) calendar days after layoff notification, to be placed by the Board in a position for which the employee he/she is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, certified and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (which is occupied by an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rightsless seniority.
Appears in 1 contract
Samples: Master Agreement
Layoff Procedure. A. Once In accordance with Personnel Rule 2.36.280, the University determines City Council of San Xxxx Obispo shall determine when and in what position or classifications layoffs are to occur. The Human Resources Director shall be responsible for the need for implementation of a layoff existsorder of the City Council in accordance with the procedures outlined below:
A. After determining which job classification within a department shall be laid off, it the order of layoffs shall employ the following procedurebe as follows:
1. If at any time during Temporary and contract employees, in the layoff process order to be determined by the appointing authority;
2. Probationary employees (promotional probation excluded), in the order to be determined by the appointing authority; For regular employees, layoffs shall be governed by job performance and seniority in service within a particular department and job classification. For the purpose of implementing this provision, job performance categories shall be defined as follows:
Category 1: Performance that is unsatisfactory, below standard, needs improvement, unacceptable or does not meet minimum standards. Performance defined by this category is evidenced by the employee's two most recent performance evaluations with an overall rating that falls within the lowest two categories of the performance appraisal report.
Category 2: Performance that is competent, superior, meets expectations, meets performance standards, exceeds performance standards and expectations or is outstanding. Performance defined by this category is evidenced by an employee's two most recent performance evaluations with an overall rating that falls within the top two or three performance categories of the performance appraisal. A regular employee submits his notice of retirementbeing laid off shall be that employee with the least seniority in the particular job classification concerned and in the department involved who is in the lowest job performance category. Employees in Category 1 with the lowest seniority will be laid off first, resignation or volunteers for layofffollowed by employees in Category 2. Should the two performance evaluations contain overall ratings that are in the two different Categories as defined above, the University will review its layoff rationale. Where appropriate, third most recent evaluation overall rating shall be used to determine which performance category the University may curtail staff reductions and/or recall laid-off employee(s). The University City shall first lay off non-bargaining unit temporary use in determining order of layoffs.
a. In the event two or more employees with in the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with are in the same job classification and within performance category, the affected department(s). The University shall then lay off part-time employees employee with the same job classification and within least amount of service with the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) City shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, orfirst.
b. any Transfer to another department in lieu of layoff is authorized upon approval of the department needs, if there is a vacancy and the employee meets the minimum job requirements.
c. Regular part time employees shall receive prorated seniority credit.
B. Laid Off Employees on Reemployment List. The names of employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) been laid off shall be placed on the appropriate Reemployment List for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniorityone year. The remaining recall of employees within the department or unit must will be immediately qualified to perform the required work. For purposes in reverse order of layoff, placement, bumping, and recall, “immediately qualified” depending upon City requirements. Reemployment lists shall be defined as meeting used for filling those classes requiring substantially the same minimum qualifications, duties and preferred qualifications for the position to perform the work, with the exception responsibilities of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off class from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required worklayoff was made.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Agreement
Layoff Procedure. A. Once the University determines the need for a layoff existsEmployees hired prior to December 1, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement1999, resignation or volunteers for layoffwho continue to perform their duties satisfactorily, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall not be laid off as follows:
a. for lack of work or lack of funds from the effective date of this contract through October 30, 2002. Nothing herein will be construed to require the District to fill vacant, budgeted positions nor to prohibit the District from eliminating vacant positions from the budget. The District reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work. The layoff procedure outlined below will be followed if the District finds it necessary to lay off personnel who were hired after December 1, 1999 and for any employees layoffs which occur after November 1, 2002. If, in the affected classification sole discretion of District’s management, personnel reductions are necessary, layoff order and recall lists will be developed based upon job classification, priority of function, job performance, individual qualifications and seniority. The Local 501 and employees subject to lay off will be provided with at least two weeks notification in writing whenever possible. Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such request must be made in writing to the Human Resources Department within five days of receipt of the Layoff Notice. The salary of an employee who have active discipline at voluntarily demotes will be unchanged, except that it may not exceed the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) top of the range for the lower level classification. Recall lists will be developed for all classifications experiencing personnel reductions, and will be maintained for a period of two most recent performance evaluation rating periods, or
c. years from the date of layoff. Individuals will be placed on the list in the inverse order of senioritylayoff, so that the last person laid off is the first recalled. The remaining employees When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment will be made to the individual on the top of the list. That individual must respond to the offer within five days, or the department offer will be made to the next person on the list. An individual who either does not respond or unit refuses three consecutive offers will have his/her name removed from the list. All notification and responses must be immediately qualified to perform the required workin writing and delivered either in person or by Certified Mail. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications It is the responsibility of all employees to keep the University. If the University determines that an employee is not qualifiedHuman Resources Department informed of their current address, the employee shall have the right to grieve such decision. Part-time employees shall or where they may be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritycontacted.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once 31.1 Nothing herein shall be construed to require OC San to fill vacant, budgeted positions nor to prohibit OC San from eliminating vacant positions from the University determines budget. OC San reserves the need right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if OC San finds it necessary to layoff personnel who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002.
31.3 If, in the sole discretion of OC San management, personnel reductions are necessary, layoff order and recall lists shall be developed based upon job classification, priority of function, job performance, individual qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two weeks notification in writing, whenever possible. Deleted: the Deleted: District Deleted: the District Deleted: The District Deleted: the District
31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such requests must be made in writing to the Human Resources Department within five (5) days of receipt of the Layoff Notice. The salary of an employee who voluntarily demotes shall be unchanged, except that it may not exceed the maximum rate of the range for the lower level classification.
31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be maintained for a layoff exists, it shall employ period of two years from the following procedure:
1date of layoff. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) Individuals shall be laid off as follows:
a. any employees in placed on the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. list in the inverse order of senioritylayoff, so that the last person laid off is the first recalled. The remaining employees When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the top of the list. That individual must respond to the offer within five days, or the department offer shall be made to the next person on the list. An individual who either does not respond or unit refuses three consecutive offers shall have their name removed from the list.
31.6 All notification and responses must be immediately qualified to perform the required workin writing and delivered either in person or by Certified Mail. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications It is the responsibility of all employees to keep the University. If the University determines that an employee is not qualifiedHuman Resources Department informed of their current address, the employee shall have the right to grieve such decision. Part-time employees shall or where they may be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritycontacted.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once (a) In the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice event of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University Employer shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees Employees in the affected reverse order of their seniority within their classification, provided that there remain on the job classification(s) shall be laid off as follows:
a. any employees in the affected classification Employees who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position skills to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position .
(b) An Employee who is subject to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee layoff shall have the right to grieve such decision. Part-either:
(i) Accept the layoff;
(ii) First bump an Employee with less bargaining unit seniority within his or her bargaining unit (full time employees or part time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation.
(iii) Chain bumping will be allowed with the understanding that an Employee subject to layoff who chooses to bump, must bump the Employee with less seniority who has scheduled hours equal to or less than the Employee laid off, subject to paragraph (vi) below.
(iv) Consistent with the opportunity to chain bump, all Employees who are potentially impacted will be given notice of layoff at the outset of the process.
(v) An identical paying classification shall be include any classification where the straight time hourly wage rate at the level of service corresponding to that of the laid off before full-Employee is within ten percent (10%) of the laid off Employees straight time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityhourly wage rate.
3. Student employees shall not be used to perform significant components (vi) In the event that there are no Employees within the laid off Employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the Employee being laid off, such Employee may bump a less senior Employee with greater regularly scheduled hours within twenty percent (20%) of the laid off Employee’s regularly scheduled bi- weekly hours within her classification.
(vii) When an Employee subject to layoff chooses to bump and there are no Employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off Employee may bump into the other bargaining unit. It is understood and agreed that if a part time Employee bumps a full time Employee as part of the above noted procedure, the part time Employee is accepting the full time position of only.
(viii) In the event that there are no Employees in either bargaining unit with lesser seniority in lower or identical paying classifications as defined in this Article, a laid off employee. It Employee will have the right to displace an Employee with less seniority, who has scheduled hours equal to or less than the Employee laid off, in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off Employee is agreed that this provision shall not apply to students, whether paid within ten (10%) of the laid off Employee’s straight time hourly rate provided he or unpaid, performing work in internships, graduate assistantships, practicums or through she is qualified for and can perform the duties without training other programs whose primary purpose is to satisfy a degree requirementthan orientation.
4. (ix) The University decision of the Employee to choose (i) or (ii) above shall make available be given in writing to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover lettersAdministrator within five (5) working days following the notification of layoff. Employees shall also failing to do so will be deemed to have access to EAP services during this time period to deal with any stress-related issues.
5. If accepted the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. The Employer may lay off employees whenever it deems such action to be necessary, including, by way of illustration only and not by way of limitation, a reduction in the work force due to a shortage of work or funds, the abolition of positions, changes in departmental organization or for other reasons. Whenever a reduction in the work force occurs, the following procedure shall be utilized:
A. Once If a notice of reduction in the University determines work force is given pursuant to this section, for purposes of communication, the need for Employer, upon request, will meet with the Association to discuss the impact of such layoff.
B. The parties acknowledge that there are many non- paid volunteers or cooperative programs with pay that function in association with the Sheriff Department. The parties agree that in the event of a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where bargaining unit, these programs may continue in effect, but the layoff(s) occursEmployer agrees that the hours of work now scheduled for the cadets shall not be increased nor shall the police reserves or traffic squad be utilized to replace the patrol functions now performed by members of the bargaining unit. The University Qualified employees on layoff shall then lay off probationary employees be given the opportunity in accordance with their seniority to perform the same job classification and within the affected department(s). The University shall then lay off seasonal marine patrol duties, part-time employees with the same job classification and within the affected department(s)park police.
2. If further reductions are required, C. Part-time employees in the classification affected job classification(s) shall be laid off as follows:
a. any first, then probationary employees in shall be laid off providing that the affected classification who non- probationary employees have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41experience, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified qualifications and present ability to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” The next employee(s) to be laid off shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, employee with the exception of least bargaining unit seniority among the Technology Scaleclassification or rank reduced, where “immediately qualified” shall be defined as meeting provided, however, that the minimum remaining senior employees have the experience, qualifications for and the position present ability to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it Further layoffs shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours inverse order of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which seniority provided that the employee is immediately qualified remaining senior employees have the experience, qualifications and present ability to perform the required work.
8. Seniority will continue D. If a sergeant is to accrue up be reduced, the employee with the least rank seniority shall be laid off first, provided that the remaining senior sergeants have the experience, qualifications and present ability to eighteen (18) months during time spent on perform the required work.
E. Upon being laid off, a sergeant, if he so requests shall be, in lieu of layoff, demoted to a patrol officer provided, however, that he has the required qualifications and that he has the greater bargaining unit seniority than the employee whom he is to replace. An ECS II, if he so requests, upon being laid off, shall retain all be, in lieu of layoff, demoted to an ECS I position, An ECS I, if he so requests, upon being laid off, shall be, in lieu of layoff, demoted to an ECO II, An ECO II if he so requests, upon being laid off, shall be, in lieu of layoff, demoted to an ECO I, provided, however, that he has the required qualifications and that he has the greater bargaining unit seniority accumulated prior than the employee whom he is to layoffreplace.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once the University determines the need for
(a) Regular Employees
(1) Layoffs will occur in reverse order of seniority by classification within a layoff exists, it shall employ the following procedure:
1team. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University Vacant positions will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary be identified and offered to employees with the same job by their classification and seniority consistent with options (2) and (3) to avoid layoff or displacement, if possible. In the case of PSCs, layoffs will occur in reverse order of seniority by classification within the department(s) where the layoff(s) occursa PSC worksite. The University shall then lay off probationary Vacant positions will be identified and offered to employees with the same job by their classification and seniority within the affected department(s)their team, then options (2) and (3) to avoid layoff or displacement, if possible. The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the A regular PSC employee shall have the right option to grieve such decisiondisplace the most junior regular employee in the same classification and same team in their current range, one range above or below their current range, and if there is no junior employee within those ranges the nearest available range, provided they have the qualifications and skill to perform the work after a brief period of familiarization; if not possible then;
(2) A regular employee shall have the option to displace the most junior regular employee in the same classification and same geographic area within their current range, one range above or below the current range, and if there is no junior employee within those ranges the nearest available range, provided they have the qualifications and skill to perform the work after a brief period of familiarization; if not possible then;
(3) A regular PSC employee shall have the option to displace the most junior regular employee in the same classification in the bargaining unit, within their current range, one range above or below their current range, and if there is no junior employee within those ranges the nearest available range, provided they have the qualifications and skill to perform the work after a brief period of familiarization;
(4) For the purposes of Clause 11.4 only, Technical Resources or Team Leads may bump Technologists and are considered to be in the same classification, and Mobile Lab Clinical Technical Assistants or Site Leads may bump Clinical Technical Assistants and are considered to be in the same classification; Equipment Specialists and LTA - Technical Resource may bump Laboratory Technical Assistants and are considered to be in the same classification; and Schedulers may bump CIS or MLS coordinators and are considered to be in the same classification. Part-time In no case shall employees be able to bump into a job with a higher wage rate;
(5) A regular employee displaced by an employee exercising option (2) shall have the option to displace a more junior employee in option (3);
(6) A regular employee who has been given notice of layoff or been displaced has the option of going on the recall list and/or the team's casual hours list in order of their seniority; or accept layoff and severance as outlined in Clause 11.6;
(7) For the purposes of this clause, the range of hours for regular employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
as follows: Range 1: Less than 0.2 FTE Range 2: 0.2 to 0.39 FTE Range 3. Student employees shall not be used : 0.4 to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply 0.59 FTE Range 4: 0.6 to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is 0.79 FTE Range 5: 0.8 to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
0.99 FTE Range 6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.: 1.0 FTE
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during Layoff is defined as a reduction in the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)working force.
2. If further reductions are a layoff becomes necessary the following procedures will be mandatory:
a. Layoffs, as required, shall be made within the affected classifications in the affected department.
b. Such reduction will be made in the first instance by terminating probationary and temporary employees in the affected job classification(s) classifications.
c. If a further reduction in force is required, such reduction, in the case of seniority employees, will be made in inverse order of seniority within the affected classification in the affected department.
3. When an employee is laid off, due to a reduction in the work force, he or she shall be laid permitted to exercise his/her seniority rights to "bump" or replace an employee with less seniority in classifications covered by this Agreement in the department from which the employee was laid- off as followsonly. Such employee may "bump" an employee in an equal or lower job classification under the following conditions:
a. any employees He/she shall have seniority as required and as defined in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 4129, orSeniority, of this Agreement.
b. any employees who have an overall performance evaluation rating below standards (i.e. Current ability to do the available work, meet the qualifications and perform the duties of the job without a “needs improvement” rating trial or below) for the two most recent performance evaluation rating periods, ortraining period.
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoffAn employee who qualifies for rights as set forth above, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve exercise such decision. Part-time employees shall be laid off before full-time employeesright or to accept layoff, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityby so notifying his/her Department Supervisor in writing.
3. Student employees shall not be used to perform significant components d. Failure of the position affected employee to exercise such ‘bumping rights” at the time of a laid off employee. It is agreed that this provision shall not apply to studentslayoff, whether paid or unpaid, performing work will result in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementforfeiture of “bumping rights” during the term of such layoff.
4. Employees to be laid off for an indefinite period of time will have at least seven (7) calendar days notice of such layoff. The University Union President shall make available receive a list from the Employer, of the employees being laid off, on the same date the notices are issued to laid-off the employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished Employees in classifications covered by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be who are laid off from his/her present job may request to their regular employment as a result of a reduction in force, will be transferred given consideration, by interview, for hire into a posted vacant bargaining unit position like classification only, for which they qualify, when opportunity for such hire occurs in the department from which the employee was laid off. Like classification is hereby defined as a classification in which the employee was employed at the time of lay-off, or a classification for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving by virtue of his/her initial probationary period or knowledge, skills and abilities, as determined solely by the Employer.
6. Employees selected pursuant to paragraph 5 who will then have seniority in the new classification in accordance with the provisions of "seniority defined" as outlined in Article 29, Seniority of this Agreement. Such employees in shall serve a temporary position ninety (an employee hired for a specific project or hired with a defined end date90) day trial period, during which time the Employer may terminate the employee. Such termination by the Employer will not be entitled to placement, bumping or recall rightsaffect the former lay-off for seniority status of the employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once a) In the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice event of retirement, resignation or volunteers for layoff, the University will review its Employer shall layoff rationaleemployees in reverse order of seniority within their classification, provided that there remain on the job employees who are able to meet the normal requirements of the job.
b) An employee who is subject to lay-off shall have the right to either:
i) Accept the lay off; or
ii) Displace an employee who has less bargaining unit seniority in a lower or identical paying classification provided the employee originally subject to lay off is qualified for and can perform the duties without training other than orientation.
c) For greater clarification, any displacement pursuant to 13.05 b) ii) by a full-time employee shall first be to bump other more junior full-time employees. Where appropriateIn the event that an employee is laid off from the full-time bargaining unit and provided that no other full-time bargaining unit positions are available, the University may curtail staff reductions and/or recall laidfull-off employee(s). The University shall first lay off non-time bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University employee shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off be allowed to displace a part-time employees bargaining unit employee with less seniority. A part-time employee who is laid off shall only be permitted to bump other more junior part-time employees. An employee who wishes to exercise his or her right to displace another employee with less seniority shall advise the same job classification and Employer within seven (7) days of the affected department(s)date of the notice of layoff issued by the Employer.
2. If further reductions are requireda) An employee shall have opportunity of recall from a lay-off to an available opening, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within , provided she has the department or unit must be immediately qualified to perform the ability and qualifications as required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position by law to perform the work, with and provided such opening is first posted under the exception of the Technology Scalejob posting procedure, where “immediately qualified” and has not been filled by a more senior employee.
b) No new bargaining unit employees shall be defined as meeting hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with requirements of this Article 13 and the minimum qualifications for the position loss of seniority provision, or unless such laid off employees have been found unable to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications work available.
c) It is the responsibility of the University. If employee who has been laid off to notify the University determines that an employee is not qualifiedEmployer of his/her intention to return to work within seven (7) calendar days after being notified to do so by registered mail, (which notification shall be deemed to have been received on the second date of mailing) and the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
within seven (7) calendar days after being notified. Any employee scheduled The recall notification shall state the job to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified eligible to perform be recalled and the required date and time at which the employee shall report for work.
8d) Employees on lay off or notice of lay off shall be given preference for temporary vacancies, which are expected to exceed six (6) weeks of work. Seniority will continue An employee who has been recalled to accrue up to eighteen (18) months during time spent on layoff, and the employee such temporary vacancy shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled required to placement, bumping or accept such recall rightsand may instead remain on lay off. This provision supersedes the job posting provision.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once Layoffs resulting in a reduction of personnel in a classification shall be applied beginning with the University determines employee with the need for least classification seniority. Subsequently, except concerning reductions of personnel due to “technical or other changes”, which are covered by specific provisions contained in Article the employee may fill a layoff existsvacant position in another classification, it shall employ provided that he can satisfy the following procedure:
1requirements of the position claimed, that this does not result in layoffs in this other classification and that this does not prevent the promotion of another Employee with more employment seniority. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoffno position is vacant, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s)employee may bump within, his own classification or in another classification. The University shall first lay laid-off non-bargaining unit temporary employees employee may bump in a classification provided that he is qualified for the position claimed and provided that he has sufficient employment seniority to evict the employee with less employment seniority from the classification. An employee thus bumped may use his employment seniority in the same way to claim another position. In the cases stipulated in paragraph a) above, the employee with the same job classification and within most employment seniority shall obtain the department(s) where position claimed, unless he cannot fulfill its normal requirements. Except for extraordinary circumstances, if the layoff(s) occurslayoff results in a termination, the last day of work shall coincide with a Friday. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) Labourer classification shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse reverse order of seniorityemployment seniority and may not bump any other employee. The remaining employees within Notwithstanding the department or unit must be immediately qualified to perform the required work. For purposes provisions of layoffparagraph a) above, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee who was laid off and who is not qualified, the employee shall have the right recalled to grieve such decision. Part-time employees take training shall be laid off before full-time employeesagain at the end of his training period. In such a case, and part-time employees canhe may not bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through any other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a except i f he otherwise would have been recalled had it not been for his training period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee recalled in his place is still at work, in which case the provisions of paragraph a) above shall retain all seniority accumulated prior to apply. During the recall following an increase in personnel, the employees shall be recalled and reinstated in their positions in reverse order of their layoff.
9. Employees laid off while serving his/her initial probationary period or , except for employees in a temporary position (an employee hired the Labourer classification who shall be recalled by employment seniority for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rightsany work.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once Ancillary staff employees shall be laid off in the University determines inverse order of seniority provided that there is a senior employee available who is qualified to fill the need position of the laid off employee and provided that, in the event a specific program is eliminated, causing that employee to be displaced, there is no other position occupied by a less senior employee for a layoff exists, it shall employ the following procedure:which that displaced employee is qualified.
1. If at any time during The Board, through its agents, will determine the layoff process an employee submits his notice of retirementancillary staff positions which should be eliminated, resignation reduced, or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)continued.
2. If further reductions are requiredfor any reason the Board anticipates a reduction in ancillary staff, employees in it shall, before taking action, consult with the affected job classification(s) Association to receive recommendations regarding priorities and procedures to be followed. Such recommendations shall not be binding upon the Board, but will merely serve as suggested guidelines, except that procedures as outlined by the contract shall be laid off as follows:followed.
a. any employees in 3. To the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered extent permitted by a “last chance agreement” for conduct other than that covered by Article 41law, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time probationary ancillary staff employees shall be laid off before full-time employeesfirst by seniority, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used provided that there is a senior employee who is qualified to perform significant components the duties of the position of a laid off being vacated by the probationary employee. It , unless such position is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementbeing eliminated altogether.
4. The University If further reduction is necessary, ancillary staff employees shall make available be laid off on the basis of seniority, provided that a more senior employee may be laid off while a less senior employee is employed if the more senior employee is not qualified to laid-off employees, prior be employed in the specific position held by the employee with less seniority or the specific position to their layoff date, job and career advising and information on benefits. Upon request, which the University Board determines the employee with less seniority shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issuesbe assigned.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours Except in cases of employees be reduced.
6. If a layoff occurs during a period of unpaid leaveemergency, the employee on leave Board shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into give a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen minimum of sixty (1860) months during time spent on layoff, and the employee shall retain all seniority accumulated calendar days notice of layoff prior to layoffthe effective date of any reduction in ancillary staff personnel to the individuals involved. Layoffs may be implemented at any time of the year. Laid off ancillary staff employees shall not lose vested benefits accrued during the previous school year.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once the University determines the need for a Section 14.01 The City Manager may layoff exists, it shall employ the following procedure:
1. If regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the employee's organization are to be given two weeks notice before such a layoff is to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two week period prior to the proper layoff process an action.
Section 14.02 A demotion or transfer to another department may be made to prevent a layoff provided the employee submits his notice is qualified by education and/or experience and is capable of retirement, resignation or volunteers for performing the duties of the classification.
Section 14.03 In the event of a layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary those employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees least service in the classification affected job classification(s) shall be laid off as followsfirst; if a recall begins, the most senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully apprised in advance. The order of layoff shall be:
a. any A. Temporary employees in the affected classification shall be removed first.
B. Probationary employees in the affected classification shall be removed next.
C. Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees in the classification, department, or section who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified ability to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritywork available.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. Section 14.04 The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request shall be entitled to be transferred into displace to a posted vacant bargaining unit position for in a classification occupied by an incumbent with less overall City (displacement seniority) seniority provided it is in a position in which the employee formerly held a regular appointment, or is immediately qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for layoff. The employee displaced shall be considered as laid off for the same reason as the person who displaced the employee, and shall in the same manner, be eligible to perform displace to a position in a classification in which the required workemployee formerly held a regular appointment or is qualified by education and/or experience, and is capable of performing the duties of the classification.
8. Seniority will continue Section 14.05 Failure to accrue up return to eighteen (18) months during time spent on layoff, and work from layoff within 15 calendar days after notice to return by certified or registered mail to the employee at his last known address on file with the City Human Resources Department or by personal delivery shall retain all seniority accumulated prior constitute the employee's waiver to layoffreturn to work and eliminates any future re- employment responsibilities placed on the City.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once the University determines the need for a Section 14.01 The City Manager may layoff exists, it shall employ the following procedure:
1. If regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the employee's organization are to be given two weeks notice before such a layoff is to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two week period prior to the proper layoff process an action.
Section 14.02 A demotion or transfer to another department may be made to prevent a layoff provided the employee submits his notice is qualified by education and/or experience and is capable of retirement, resignation or volunteers for performing the duties of the classification.
Section 14.03 In the event of a layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary those employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees least service in the classification affected job classification(s) shall be laid off as followsfirst; if a recall begins, the most senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully apprised in advance. The order of layoff shall be:
a. any A. Temporary employees in the affected classification shall be removed first.
B. Probationary employees in the affected classification shall be removed next.
C. Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees in the classification, department, or section who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified ability to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritywork available.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. Section 14.04 The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placementdisplace to a position in a classification occupied by an incumbent with less overall City (displacement seniority) seniority provided it is in a position in which he/she formerly held a regular appointment, bumping or recall rightsis qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for layoff. The employee displaced shall be considered as laid off for the same reason as the person who displaced him, and shall in the same manner, be eligible to displace to a position in a classification in which he/she formerly held a regular appointment or is qualified by education and/or experience, and is capable of performing the duties of the classification.
Section 14.05 Failure to return to work from layoff within 15 calendar days after notice to return by certified or registered mail to the employee at his last known address on file with the City Human Resources Department or by personal delivery shall constitute the employee's waiver to return to work and eliminates any future re-employment responsibilities placed on the City.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once Whenever in the University determines judgment of the need City Council or City Manager it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a layoff position no longer exists, it shall employ the following procedure:
1. If at City Council or City Manager may abolish any time during position or employment, and the layoff process an employee submits his notice of retirement, resignation holding such position or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University employment may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. or demoted without disciplinary action and without the right of appeal. The City will notify association representatives, within a reasonable period of time, of any potential layoffs or work furloughs in order that potential alternatives to layoffs or work furloughs may be discussed and evaluated. In addition, the following layoff procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the affected classification who have active discipline at processing of layoffs.
A. The City shall give employees proposed for layoff not less than 14 calendar days advance written notice of separation and the suspension (whether reason therefor. No regular full-time employee shall be separated under the layoff procedure from a working suspension department while emergency, seasonal, probationary, part-time, provisional, or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any temporary employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. are employed and serving in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated same classification in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualifieddepartment.
B. In each class within a department, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employeesaccording to employment status in the following order: temporary, provisional, probationary, and part-time regular. Temporary, provisional, and probationary employees cannot bump full-time employeesshall be laid off according to the needs of the service as recommended by the department head and decided by the City Manager. SimilarlyIn cases where there are two or more regular employees in the class from which the layoff is to be made, temporary the following criteria are the determining factors:
1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: first, all employees cannot bump regular or funds available employeeshaving ratings of improvement needed; second, regardless all employees having ratings of senioritysatisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding.
32. Student Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the job, amount of sick leave used during the immediate two past fiscal years, etc.
C. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee's race, color, marital status, national origin, religion, sex, age, citizenship, or physical handicap.
D. An employee who is laid off shall turn in all City-owned equipment, including City identification card, and has cleared with the department head the disposition of any clothing, tools, or other working materials that have been provided by the City. The exit interview and appropriate forms shall be made available to employees prior to the layoff termination date. The City reserves the right to exercise all legal remedies available to recover City-owned property.
E. Employees shall not be used to perform significant components of the position terminated as a result of a laid off employee. It layoff before they have been made a reasonable offer of reassignment if such offer is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementimmediately possible.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the F. An employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled designated to be laid off may bump into any vacant position available in the same class elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the City, and provided that the employee notifies the City Manager in writing of the employee's intent to exercise the bumping rights at least 10 calendar days prior to the proposed layoff effective date; otherwise, bumping rights shall be waived and barred to the employee. Thereafter, an employee may bump into any previously held position in the City provided the conditions noted above are met. An employee who is bumped shall be laid off according to the procedures outlined in this section and shall be considered laid off for the same reason as the person bumping and shall in the same manner be eligible to bump to a position in a class within the City in which the employee formerly held a regular position. Employees who have bumped down to a lower class due to a reduction in force shall not be laid off from his/her present job the lower class until all employees in the lower class, not previously affected by a layoff, have been laid off.
G. The intent of this paragraph is to avoid use of the layoff procedure by providing for voluntary transfers prior to layoffs. An employee in a classification in which a position has been designated for elimination may request a transfer to be transferred into a posted vacant bargaining unit position in the same or a lower classification for which the employee is immediately qualified qualified. Such transfer shall be subject to perform approval by the required workCity Manager. In cases where the transfer was necessitated by said proposed job elimination, the service time in the position to which the employee has transferred shall be credited to service time in the position from which the employee transferred. The salary step and range assigned to the transferred employee shall be in accordance with the City Personnel Manual and the salary plan.
8H. The City Manager may approve the appointment of an employee who is to be laid off to an existing vacancy in a lower class for which the employee is qualified without requiring an examination, provided the department head so recommends.
I. The names of regular employees who have been laid off or bumped down due to reduction in force shall be placed on an appropriate layoff reemployment list according to date separated or bumped down and shall be eligible for reemployment. Seniority The last employee laid off or bumped down shall be the first employee on the list, with other employees listed in sequential order thereafter. Each employee on the layoff reemployment list shall remain on that list for 1 year, at which time the list expires unless extended by the City Manager. Names of employees not responding to written notification of an opening within 10 working days shall be removed from the reemployment list. The City Manager can extend the active period of the reemployment list or individual employee's eligibility on such list for a 6-month period as determined to be in the best interests of the City.
J. Notice of recall from layoff shall be by return-receipt-requested mail and shall specify the date for reporting to work, which shall not be more than 21 calendar days from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City and attempted delivery or delivery is certified by the Postal Service. Upon receiving notice, the person on layoff shall have 5 calendar days to accept or decline the recall opportunity. An employee who fails to respond within the 5 calendar days, refuses recall, or fails to report on the prescribed date within the 21 calendar days maximum thereby waives all further right to recall and reinstatement as an employee. Where recall is declined, the City will proceed to the next name on the reemployment list and follow the same notice and response procedure. This process will continue to accrue up to eighteen (18) months during through the list until recall needs are met on the list or the list is exhausted.
K. A person appointed from a reemployment list must serve a new probationary period if recall from such list occurs more than 90 calendar days after the effective date of layoff. The new probationary period in such circumstances shall be 6 months.
L. Reemployed employees shall receive the following:
1. Retention of full-time spent on layoff, and service seniority accrued at the employee shall retain all seniority accumulated prior to date of layoff.
92. Employees The salary for the classification in effect as of the date of return, at the same step as the date of layoff.
3. The accrual rate of vacation and sick leave in effect for the employee's seniority level and class at the time of rehire.
4. All the benefits or programs in effect at the time of layoff shall be forfeited unless they are still applied to the classification or salary range at the time of rehire or provided to new hires as of that date.
M. An employee who elects to resign in lieu of layoff, or while laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be off, shall forfeit all rights to reemployment and is entitled only to placement, bumping or recall rightsthose rights related to severance from City employment.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once The City Manager may layoff regular and probationary workers at any time for lack of work or other changes that have taken place. The employee and the University determines the need for employee’s organization are to be given two weeks’ notice before such a layoff existsis to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee(s) affected by the layoff during the two weeks period prior to the proper layoff action.
B. A demotion or transfer to another department may be made to prevent a layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification.
C. In the event of a layoff, it those employees with the least service in the classification affected shall employ be laid off first; if a recall begins, the following proceduremost senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully apprised in advance. The order of layoff shall be:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any Temporary employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, orshall be removed first.
b. any 2. Probationary employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” affected classification shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityremoved next.
3. Student Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees shall not be used in the classification, department, or section who have the ability to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementavailable.
4. D. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request shall be entitled to be transferred into displace to a posted vacant bargaining unit position for in a classification occupied by an incumbent with less overall City (displacement seniority) seniority provided it is in a position in which the employee formerly held a regular appointment, or is immediately qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for layoff. The employee displaced shall be considered as laid off for the same reason as the person who displaced him/her, and shall in the same manner, be eligible to perform displace to a position in a classification in which the required workemployee formerly held a regular appointment or is qualified by education and/or experience, and is capable of performing the duties of the classification.
8. Seniority will continue X. Xxxxxxx to accrue up return to eighteen (18) months during time spent on layoff, and work from layoff within 15 calendar days after notice to return by certified or registered mail to the employee at the employee’s last known address on file with the City Human Resources Department or by personal delivery shall retain all seniority accumulated prior constitute the employee’s waiver to layoffreturn to work and eliminates any future re-employment responsibilities placed on the City.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once the University determines the need for a layoff exists(a) Plant Layoff Procedure. When there is an “indefinite layoff”, it shall employ the following procedureprocedure shall be followed:
1. If at any time during Probationary employees will be laid off on a unit-wide basis in such manner and as expeditiously as is consistent with the layoff process an employee submits his notice continuous, efficient and orderly operation of retirementthe offices or departments involved, resignation or volunteers for layoff, provided that the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with seniority employee who displaces the same job classification probationary employee is willing to accept and within has the department(s) where ability to perform the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)job.
2. If further reductions are required, employees in the affected job classification(s) shall Employees with seniority will be laid off according to seniority provided the greater seniority employees are able to perform the available work. However, the Company shall not be required to promote an employee at time of layoff unless he has previously performed the higher-rated job and is able to do the work.
3. Local supplemental seniority agreements may provide that an employee in one seniority group who thereafter is laid off, and who desires to displace an employee in another seniority group as follows:
a. any set forth in this Subsection shall, within two (2) weeks of notice of such layoff, apply in writing to do so at his plant Employment Office. Such an applicant shall be recalled within thirty (30) days after layoff or, if not recalled within that time period, at the time lesser seniority employees are being recalled to the other seniority groups to displace an employee with less seniority in another seniority group in the affected same classification who have active discipline at or in a classification that he previously held the suspension work of which he satisfactorily performed, provided he has thirty (whether a working suspension or unpaid suspension30) level or covered by a “last chance agreement” for conduct other days more seniority than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately employee he displaces and he is qualified to perform the required workduties of the employee he displaces. For purposes of layoff, placement, bumpingEmployees placed under this Subsection shall enter the new seniority group with full ranking for seniority, and recall, “immediately qualified” their seniority in other groups shall be defined as meeting terminate. The Company shall have five (5) working days after the minimum and preferred qualifications for the position Union files a written grievance in which to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated correct any error in the job descriptionapplication of this Subsection. The determination of qualifications is the responsibility of the University. If the University determines Local engineering supplemental seniority agreements may provide that an employee is not qualified, the employee shall have the right employees assigned to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used engineering classifications who transfer from one noninterchangeable occupational group to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply another noninterchangeable occupational group may continue to students, whether paid or unpaid, performing work accumulate seniority in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementtheir former noninterchangeable seniority group.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon requestFor the purposes of Paragraph 3., the University shall provide reasonable access to personal computersphrase “in a classification that he previously held” includes (i) classifications that appear on the employee’s employment record, the work of which he satisfactorily performed for the Company since his last date of hire, regardless of whether or not it was then a bargaining unit position, and copiers for use (ii) a job in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reducedunit, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employeeduties of which, University and Union can as set forth in the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leavejob description thereof, the employee satisfactorily performed in the unit although the classification does not appear on leave shall receive the same rights employee’s employment record in his present unit. In the event of a dispute under this Agreement upon return Paragraph 4., the employee’s employment record shall be controlling. The provisions of Paragraphs 3. and 4. of this Subsection (a) shall not require any change in the Company’s practices or procedures with respect to work as other recording the classification of employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once 10.1 A layoff for the University determines purpose of this Article shall be considered as an involuntary separation of a permanent or probationary classified employee from active service due to lack of funds and/or lack of work as a result of a bona fide reduction or elimination of the need for service performed by any department or when reemployment, reassignment or displacement (bumping rights of an employee) cause such an action.
10.2 Layoffs shall be conducted on a layoff exists, it shall employ District-wide basis in reverse order of seniority in the following procedure:
1. If at any time during job classification in which the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees 10.2.1 The employee who has been employed the shortest time in the affected job classification(s) class plus higher classes shall be laid off first.
10.2.2 Employees hired prior to July 1, 1999 shall have their seniority based on the number of hours in each classification. Seniority for employees hired on or after July 1, 1999 shall be based on date of hire.
10.2.3 If two (2) or more employees subject to layoff have equal seniority, the determination as follows:to who shall be laid off shall be made on the hire date seniority with the employee hired first being retained and if that is equal, the determination shall be made by lot.
a. 10.3 When a layoff of classified employees is anticipated by the administration at least ten (10) working days advance written notice shall be given to CSEA prior to the time the Board acts upon the matter. With such notification, the District will provide CSEA with an updated seniority roster for all classifications affected by the anticipated layoff, a list of positions to be eliminated and any documents supporting the need for layoff.
10.3.1 The District and CSEA shall meet following the receipt of such initial notice to negotiate the impact (effects) of the layoff beyond the provisions of this Article. Failure by the District to comply with California Education Code provisions pertaining to layoff shall be grievable.
10.3.2 After a Board action has been taken on a layoff, a written notice of layoff shall be sent by certified mail to affected employees in to their last address given to the affected classification who have active discipline at District no less than sixty (60) calendar days prior to the suspension (whether a effective date of layoff. A termination interview with the Superintendent or designee may be scheduled during normal working suspension hours if requested by the employee. A copy of each notice shall be concurrently sent to the President of the CSEA local chapter or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41designee; such notice shall indicate the layoff effective date and inform the employee of his/her displacement rights, orif any, and reemployment rights.
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for 10.4 Prior to the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes effective date of layoff, placementemployees may challenge their place on the seniority roster by making objections to the Superintendent or designee who shall review the objections and conduct an audit, bumping, if requested and recall, make the results of such audit known to CSEA and the employee(s) prior to the effective date of any layoff(s) involving such employee(s).
10.5 Displacement (“immediately qualified” shall be defined as meeting the minimum Bumping”) Rights
10.5.1 A permanent or probationary employee who is laid off from a classification and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated who has previous service in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee a lateral or lower classification shall have the right to grieve such decision. Part-time employees shall be displace (bump) an employee with less seniority in the classification previously held by the laid off before full-time employees, and part-time employees cannot bump full-time employeesemployee. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student Laid off employees shall not be used compelled to perform significant components accept a vacant position.
10.5.2 Seniority for the purpose of bumping shall include the total of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid previous service in the lateral or unpaid, performing work lower classification plus service in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a classification from which layoff occurs during a period of unpaid leaveand in higher classification(s). In order to exercise his/her bumping rights, the employee on leave shall receive must notify the same rights under this Agreement upon return to work as other employeesDistrict within ten (10) working days of receipt of the layoff notice.
7. Any 10.5.3 A permanent or probationary employee scheduled to be who has been laid off from for lack of work or lack of funds and who has no bumping rights, or does not wish to exercise his/her present job may request bumping rights, shall be granted a voluntary demotion to be transferred into a posted vacant bargaining unit position for which in a lower classification or transfer to an equal classification provided that the employee is immediately qualified to perform the required work.
8duties thereof. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the Such employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving maintain his/her initial probationary period or employees reemployment rights as defined in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rightsthis Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once 31.1 Nothing herein shall be construed to require the University determines DistrictOC San to fill vacant, budgeted positions nor to prohibit the need DistrictOC San from eliminating vacant positions from the budget. The DistrictOC San reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if the DistrictOC San finds it necessary to layoff personnel who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002.
31.3 If, in the sole discretion of DistrictOC San management, personnel reductions are necessary, layoff order and recall lists shall be developed based upon job classification, priority of function, job performance, individual qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two weeks notification in writing, whenever possible.
31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such requests must be made in writing to the Human Resources Department within five (5) days of receipt of the Layoff Notice. The salary of an employee who voluntarily demotes shall be unchanged, except that it may not exceed the maximum rate of the range for the lower level classification.
31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be maintained for a layoff exists, it shall employ period of two years from the following procedure:
1date of layoff. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) Individuals shall be laid off as follows:
a. any employees in placed on the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. list in the inverse order of senioritylayoff, so that the last person laid off is the first recalled. The remaining employees When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the top of the list. That individual must respond to the offer within five days, or the department offer shall be made to the next person on the list. An individual who either does not respond or unit refuses three consecutive offers shall have their name removed from the list.
31.6 All notification and responses must be immediately qualified to perform the required workin writing and delivered either in person or by Certified Mail. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications It is the responsibility of all employees to keep the University. If the University determines that an employee is not qualifiedHuman Resources Department informed of their current address, the employee shall have the right to grieve such decision. Part-time employees shall or where they may be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritycontacted.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once (a) In the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice event of retirement, resignation or volunteers for layoff, the University will review its Employer shall lay off Employees in reverse order of seniority within their classification, provided that there remain, on the job, Employees who are able to meet the normal requirements of the job.
(b) An Employee who is subject to lay-off shall have the right to either:
i) Accept the layoff; or
ii) Displace an Employee who has less bargaining unit seniority in a lower or identical paying classification provided he/she can perform the duties without training other than orientation.
iii) An Employee who wishes to exercise his or her right to displace another Employee with less seniority shall advise the Employer within seven (7) days of the date of the notice of layoff rationale. Where appropriateissued by the Employer.
iv) In the event that an Employee is laid off from the full-time bargaining unit and provided that no other full-time bargaining unit positions are available for which the Employee is qualified and able to perform, the University may curtail staff reductions and/or recall laidfull-off employee(s). The University shall first lay off non-time bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University Employee shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off be allowed to displace a part-time employees bargaining unit Employee with less seniority provided that the same job classification Employee is qualified and within able to do the affected department(s)work available.
2. If further reductions are requiredv) An Employee shall have the opportunity of recall from a layoff to an available opening, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within , provided he/she has the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, ability and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, and provided such opening is first posted under the job posting procedure and has not been filled.
vi) No new Employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the exception loss of the Technology Scaleseniority provision, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position or have been found unable to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications work available.
vii) It is the responsibility of the University. If Employee who has been laid off to notify the University determines that an employee is not qualifiedEmployer of his/her intention to return to work within seven (7) calendar days after being notified to do so by registered mail, the employee shall have the right to grieve such decision. Part-time employees (which notification shall be laid off before full-deemed to have been received on the second date of mailing) and return to work within seven (7) calendar days after being notified. The notification shall state the job to which the Employee is eligible to be recalled and the date and time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityat which the Employee shall report for work.
3viii) Employees on layoff or notice of layoff shall be given preference for temporary vacancies, which are expected to exceed six (6) weeks. Student employees An Employee who has been recalled to such temporary vacancy shall not be used required to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job accept such recall and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent instead remain on layoff, and . This provision supersedes the employee shall retain all seniority accumulated prior to layoffjob posting provision.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once (a) In the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice event of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriateemployer shall lay off Employees in reverse order of seniority within their classification, provide that there remain on the University may curtail staff reductions and/or recall laidjob Employees who are able to meet the normal requirements of the job.
(b) An employee who is subject to lay-off employee(s). The University shall first lay off non-have the right to either: Accept the layoff; or
i) Opt to retire, if eligible under the terms of an existing plan, if any; or
ii) Displace another employee who has - less bargaining unit temporary employees with seniority in the same or a lower or an identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job classification to be done and is qualified without training, other than orientation;
iii) An employee who wishes to exercise the right to displace another employee with less seniority shall advise the Employer of his or her intention to do so and the position claimed within seven (7) days after receiving the department(snotice of layoff.
iv) where For the layoff(spurpose of the operation of clause (b) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(sii). The University shall then lay , laid off part-time employees with shall not have the same job classification and within the affected department(s)right to displace full-time employees.
2. If further reductions are required, employees in v) In the affected job classification(s) shall be event that an employee is laid off as follows:from the full-time bargaining unit and provided that no other full-time bargaining unit positions are available for which the employee is qualified and able to perform, the full-time bargaining unit employee shall then be allowed to displace a part-time bargaining unit employee with less seniority provided that the employee is qualified and able to do the work available.
a. any employees a) An employee shall have opportunity of recall from a lay-off to an available opening, in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within , provided she has the department or unit must be immediately qualified to perform the ability and qualifications as required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position by law to perform the work, and provided such opening is first posted under the job posting procedure, and has not been filled.
b) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the exception loss of the Technology Scaleseniority provision, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position or have been found unable to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications work available.
c) It is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be who has been laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless to notify the Employer of seniority.
3. Student employees shall not be used his/her intention to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
within seven (7) calendar days after being notified to do so by registered mail, (which notification shall be deemed to have been received on the second date of mailing) and return to work within seven (7) calendar days after being notified. Any employee scheduled The notification shall state the job to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified eligible to perform be recalled and the required date and time at which the employee shall report for work.
8d) Employees on lay off or notice of lay off shall be given preference for temporary vacancies, which are expected to exceed twenty (20) days of work. Seniority will continue An employee who has been recalled to accrue up to eighteen (18) months during time spent on layoff, and the employee such temporary vacancy shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled required to placement, bumping or accept such recall rightsand may instead remain on lay off. This provision supersedes the job posting provision.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once The procedure for layoff, once the University determines the need for a layoff existsnumber of positions to remain by classification has been determined, it shall employ the following procedurebe as follows:
1. If at any time during Priority lists shall be established for retained positions in each classification. The lists shall include the layoff process an employee submits his notice names of retirementthose employees who, resignation or volunteers for layoffbased on their seniority within the classification, qualify to fill the University will review its layoff rationaleretained positions. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary two or more employees with have the same job seniority within a classification, seniority between those employees shall be determined by time in City service in any classification. Employees within a classification, who are not qualified by seniority to be on the priority list for the classification, shall be eligible to compete, by seniority, for the next lower classification priority list. If the employees are unsuccessful in qualifying for this lower priority list, they shall be laid off and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)placed on a reinstatement list.
2. Once priority lists have been established for each classification, the bumping and layoff process would then take place. Employees are authorized to bump to a previously held classification if they meet the following criteria:
a. Their classification has been deleted by the City.
b. They hold a position on the priority list for their classification but are displaced (bumped) by an employee from a higher classification.
c. Once an employee has “bumped” to a previously held lower level position, they shall not be affected further by the current round of layoffs. If further reductions are requiredan employee is authorized to bump by meeting the above criteria, employees he/she will occupy the position held by the least senior employee on the priority list for that classification, who shall be displaced and authorized to bump downward. A regular employee who is bumped or accepts demotion in accordance with this procedure in lieu of layoff retains reinstatement right to his/her former classification. If an employee is not authorized to bump down, due to failure to meet the affected job classification(s) shall above criteria, he/she will be laid off as follows:and placed on the reinstatement list.
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work3. For purposes of layoffthis Article, placementemployees promoted out of this unit of representation shall, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception upon completion of the Technology Scaleprobationary period in their new position, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, lose all seniority and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior bumping rights to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issuesformer position.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once the University determines the need for a layoff exists(a) Plant Layoff Procedure. When there is an "indefinite layoff”, it shall employ the following procedureprocedure shall be followed:
1. If at any time during Probationary employees will be laid off on a unit-wide basis in such manner and as expeditiously as is consistent with the layoff process an employee submits his notice continuous, efficient and orderly operation of retirementthe offices or departments involved, resignation or volunteers for layoff, provided that the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with seniority employee who displaces the same job classification probationary employee is willing to accept and within has the department(s) where ability to perform the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)job.
2. If further reductions are required, employees in the affected job classification(s) shall Employees with seniority will be laid off according to seniority provided the greater seniority employees are able to perform the available work. However, the Company shall not be required to promote an employee at time of layoff unless he has previously performed the higher-rated job and is able to do the work.
3. Local supplemental seniority agreements may provide that an employee in one seniority group who thereafter is laid off, and who desires to displace an employee in another seniority group as follows:
a. any set forth in this Subsection shall, within two (2) weeks of notice of such layoff, apply in writing to do so at his plant Employment Office. Such an applicant shall be recalled within thirty (30) days after layoff or, if not recalled within that time period, at the time lesser seniority employees are being recalled to the other seniority groups to displace an employee with less seniority in another seniority group in the affected same classification who have active discipline at or in a classification that he previously held the suspension work of which he satisfactorily performed, provided he has thirty (whether a working suspension or unpaid suspension30) level or covered by a “last chance agreement” for conduct other days more seniority than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately employee he displaces and he is qualified to perform the required workduties of the employee he displaces. For purposes of layoff, placement, bumpingEmployees placed under this Subsection shall enter the new seniority group with full ranking for seniority, and recall, “immediately qualified” their seniority in other groups shall be defined as meeting terminate. The Company shall have five (5) working days after the minimum and preferred qualifications for the position Union files a written grievance in which to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated correct any error in the job descriptionapplication of this Subsection. The determination of qualifications is the responsibility of the University. If the University determines Local engineering supplemental seniority agreements may provide that an employee is not qualified, the employee shall have the right employees assigned to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used engineering classifications who transfer from one noninterchangeable occupational group to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply another noninterchangeable occupational group may continue to students, whether paid or unpaid, performing work accumulate seniority in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementtheir former noninterchangeable seniority group.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon requestFor the purposes of Paragraph 3., the University shall provide reasonable access to personal computersphrase "in a classification that he previously held" includes (i) classifications that appear on the employee's employment record, the work of which he satisfactorily performed for the Company since his last date of hire, regardless of whether or not it was then a bargaining unit position, and copiers for use (ii) a job in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reducedunit, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employeeduties of which, University and Union can as set forth in the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leavejob description thereof, the employee satisfactorily performed in the unit although the classification does not appear on leave shall receive the same rights employee's employment record in his present unit. In the event of a dispute under this Agreement upon return Paragraph 4., the employee's employment record shall be controlling. The provisions of Paragraphs 3. and 4. of this Subsection (a) shall not require any change in the Company's practices or procedures with respect to work as other recording the classification of employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once A layoff is defined as a separation from the University determines service for involuntary reasons, other than resignations, not reflecting discredit on an employee. An employee and the need Union shall be given written notice of layoff at least fifteen (15) calendar days before the effective date stating the reasons for the layoff.
a. The Agency shall determine the specific positions to be vacated.
b. Layoff lists will apply to employees in a classification. Any regular status employee shall be permitted to displace an employee in the same classification with less seniority unless that employee has been protected under 22.1.
c. A regular status employee notified of a pending layoff existsmay elect to be laid off or has the options listed below.
(1) The employee may displace the employee in the same classification who is the least senior trial service employee not protected in Section 22.1 or who is the least senior regular status employee not protected in Section 22.1 if there are no trial service employees. To displace either a trial service or regular status employee, it shall employ the following proceduredisplacing employee must:
1. If at (a) Have greater seniority than the trial service or regular status employee;
(b) Meet any time during special qualifications for the layoff process an employee submits his notice position as shown in the class specification and the position description; and
(c) Be capable of retirement, resignation or volunteers for layoff, performing the University will review its layoff rationale. Where appropriate, specific requirements of the University may curtail staff reductions and/or recall laid-off employee(s)position within three (3) weeks. The University shall first lay off non-bargaining unit temporary employees agency will determine this by:
i. Reviewing an application/resume submitted by the employee; and
ii. Reviewing the employee‘s statement why the employee is qualified for the position; and if needed;
iii. Testing the employee on the duties of the position sought. The Agency will use the same test with the same job answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not meet these criteria for the position held by the least senior employee in the same classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the same classification or there are no more positions in the same classification held by an employee with less seniority who has not been protected under 22.1.
(2) If no option is available in subsection (1) above, the employee may demote and displace the employee in a lower classification who is the least senior trial service employee not protected in Section 22.1, or who is the least senior regular status employee not protected under 22.1 if there are no trial service employees. To demote and displace either a trial service or regular status employee in a lower classification, the displacing employee must first consider the most recent previously held classification, including any predecessor classification, prior to the employee‘s present classification and:
(a) Have greater seniority than the employee to be displaced;
(b) Meet any minimum or special qualifications for the position;
(c) Have previously held regular status in the lower classification, including any predecessor classification; and
(d) Be capable of performing the specific requirements of the position within the department(sthree (3) where the layoff(s) occursweeks. The University shall then lay off probationary employees agency will determine this by:
i. Reviewing an application/resume submitted by the employee; and
ii. Reviewing the employee‘s statement why the employee is qualified for the position; and if needed;
iii. Testing the employee on the duties of the position sought. The Agency will use the same test with the same job answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not satisfy the above requirements for the position held by the least senior employee in the relevant lower classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the lower classification and within or there are no more positions in the affected department(slower classification held by an employee with less seniority who has not been protected under 22.1.
(e) If no option is available under subsection (2) above in the most recent previously held classification, including any predecessor classification, the employee will then consider their second most recent previously held classification, including any predecessor classification. The employee will follow the same process listed above in 22.2 c. (2) (a through d). The University shall then lay off part-time employees If necessary, this process will continue for as many previously held classifications, including predecessor classifications, that the displaced worker has held while with the same job classification and within the affected department(s)agency.
2. If further reductions are required(3) For the purposes of this Article, employees Liquor Control Inspector, Liquor License Investigator and Liquor Regulatory Specialist will be treated as a single classification.
d. No trial service or regular status employee in the affected job classification(s) a particular office or duty station shall be laid off as follows:
a. any employees while a temporary employee in the affected classification who have active discipline same class is employed at the suspension (whether a working suspension same particular office or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniorityduty station.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once In the University determines the need for event of any reduction of workforce in a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoffdepartment, the University procedure below will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees be followed: Probationary associates in the affected job classification(s) jobs in the department shall be laid off as follows:
a. any employees first, and then associates working on affected temporary jobs in the affected classification who have active discipline at department. In the suspension (whether event there is a working suspension or unpaid suspension) level or covered reduction of workforce, a Group Leader may be bumped by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately associate qualified to perform the required workduties of their job, in accordance with Article V, Section 6.10.
6.2 The Supervisor will designate the jobs in each job classification to be closed.
6.3 The Company will prepare a Tentative Layoff List and will notify the associates affected and the appropriate Union officers not less than the tenth working day prior to any layoff of associates who have passed their probationary period.
6.4 The Tentative Layoff List shall contain the names of the associates designated for layoff. For purposes Such tentative list shall serve as notice to junior associates of the possibility of layoff, placement, bumping, . A Final Layoff List will be prepared listing the associate(s) actually laid off from the department and recall, “immediately qualified” shall be defined will serve as meeting the minimum and preferred qualifications a basis for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6Department Layoff List. If a layoff occurs during a period is canceled, it shall not be reinitiated except by following the complete procedure of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employeesSection.
76.5 Sections 6.6, 6.7, and 6.10 do not apply to Apprenticeable Craft job classifications. Any employee scheduled Article V
6.6 In selecting the associates to be designated for layoff, under Section 6.3, all trainees will be laid off from his/her present that job may request classification before qualified associates are laid off from that job classification. The least senior trainee in a job classification will be laid off. Trainees who develop the Core Qualifications to be transferred into a posted vacant bargaining unit position within two labor grades of the top rate will be considered qualified. Among qualified associates, least senior associates will be laid off first. Except as specified above, the least senior associates will be designated for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
96.7 An associate designated for layoff may exercise his seniority bump rights to displace the least senior associate in his own job classification on any shift provided he is qualified; or, if qualified, he may displace the least senior associate in any other job classification on any shift within the department and within the provisions of this Section. Employees After an associate has exercised his bump rights within his department, such associate may exercise his right to bump an associate with less seniority in any other classification on any shift throughout the Plant, if qualified. There is no limitation on bumping within a department. The associate bumped may exercise his right to bump an associate with less seniority in any other classification on any shift throughout the Plant, if qualified. There will be no further bumping as a consequence, except that, should there be a substantial reduction of any department which would cause the Union to request bargaining over the effects of such reduction, the parties may enter into an agreement which may broaden the seniority rights of the membership. As soon as practicable after the layoff date, the associates of each shift of each job classification affected by bumping will be permitted to rearrange position assignments on any shift, giving the associate bumping into the classification the right to choose a position occupied by any less senior associate. The associate so bumped will be given the right to choose a position in like manner, the procedure continuing in seniority order until rearrangement is complete.
6.8 In order to expedite the bumping process, the Supervisor may require all associates who have less seniority than the most senior associate on the Tentative Layoff List to designate, in writing, up to six job classifications and shifts they would desire in the event they are bumped. Associates shall not be required to submit their list of six jobs until their scheduled shift after the Tentative Layoff List is posted. During the bumping process, such lists will be used to assign the associate to a job classification and shift. In the event an associate is not able to bump into any of the job classifications he lists, he shall be permitted to file a second (or subsequent) list. Such job designations shall be applicable only for the Tentative Layoff List for which they are requested.
6.9 In the event an associate is absent for any reason at the time he is bumped, he will be assigned to a job classification and shift for which he has filed a request under Section 6.8 above. If he does not have the qualification to bump into any job classification requested, in accord with Section 6.10, or if he has not filed a list indicating the jobs he would prefer, the Supervisor may assign the associate to the job classification and shift deemed most desirable for the associate and the bumping process will continue. If, upon his return, the associate indicates his desire to bump into another job classification or shift, he may exercise his bump rights in accord with this Section 6.
6.10 An associate may bump into another job classification pursuant to the conditions of paragraph 4.6 of this Article.
6.11 Sections 6.12, 6.13, 6.14 and 6.15 apply only to Apprenticeable Craft job classifications.
6.12 a. In selecting the associates of Apprenticeable Craft classifications to be designated for layoff under Section 6.3, apprentices and associates-in-training ("AM") will be laid off while serving his/her initial probationary period or employees in from the craft classification before qualified associates are laid off, except that a temporary position (an employee hired for a specific project or hired with a defined end date) qualified associate will not have preference over an apprentice, or an AIT with at least one year in the AIT program, who is senior to him until he has four years of seniority. Among apprentices, the associate who has the lowest appraisal level on the EWS Apprenticeable Craft Schedule will be entitled laid off first. Among AIT associates, associates will be laid off by seniority, by classification, except that AU associates with less than one year in the AIT Program will be laid off first before AIT associates with more than one year in the AIT Program. A "Qualified Associate" is an associate whose skill and experience can be appraised to placementbe equal to that required to obtain a Certificate of Completion of Apprenticeship Training from the Bureau of Apprenticeship and Training, bumping or recall rightsU.S. Department of Labor.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once SECTION A When the University Employer determines it is necessary to reduce the need size of the work force, employees shall be reduced in order of the least length of service within the job being reduced, provided there are more senior employees within the job remaining who possess the qualifications to perform the position(s) available. An employee who is laid off from the job being reduced, will be retained in an available position in a lower ranked job for a layoff existswhich he/she is qualified, it shall employ on the following procedure:
1basis of the employee’s accumulated length of service. If at any time during there is no available position in a lower ranked classification for the layoff process an position which the employee submits his notice is qualified and eligible by length of retirement, resignation or volunteers for layoffservice, the University employee will review its layoff rationalebe retained in an available position in a job in which the employee has accumulated length of service, if he/she is qualified for the position and more senior than those employees assigned, on the basis of his/her previously accumulated length of service. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University Employees who are displaced from a job because of a reduction of another job shall first lay off non-bargaining unit temporary employees with be retained in available position according to the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)procedure.
2. If further reductions are required, employees in the affected job classification(s) shall SECTION B Employees to be laid off as follows:
a. any employees in the affected classification who for an indefinite period of time shall have active discipline at the suspension least twenty (whether a 20) working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes days notice of layoff, placement, bumping, if possible. The local Union shall receive notice of same.
SECTION C Employees who have satisfactorily completed the probationary period and recall, “immediately qualified” who are laid off shall be defined as meeting recalled to the minimum and preferred qualifications for next available vacancy in the job from which they were laid off, equivalent to the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualifiedlaid off from, or in which they may exercise their accumulated length of service, which may arise within a period equal to the University length of his or her length of service from the effective date of their layoff not to exceed two (2) years. An employee who is recalled must communicate acceptance in writing within fifteen (15) days from the date notice of recall is sent and begin work on the designated date to return. Failure to do so will result in loss of length of service and any right to recall. Notice shall give consideration be sent to ability, aptitude, skill, experience, qualifications as stated in the job descriptionlast address or personal e-mail address on file with the Employer. The determination of qualifications It is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Partprovide Employer with notification of any change in address or change in personal e-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritymail address.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once [a] In the University determines the need for a layoff existsevent of layoff, it employees shall employ the following procedure:
1. If at any time during the layoff process an employee submits his receive notice of retirement, resignation layoff or volunteers for pay in lieu of notice as required by the Employment Standards Act. The union will be informed if employees receive notice of layoff. [b] In the event of layoff, the University will review its layoff rationale. Where appropriatefollowing procedure shall apply: Within each department, the University may curtail staff reductions and/or recall laid-off employee(s). The University employees shall first lay off non-bargaining unit temporary employees with the same job classification be grouped according to their status, and within the department(s) where the layoff(s) occursthen according to their classification. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are requiredWithin each of those groups, employees in the affected job classification(s) layoffs, if any, shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The , provided those remaining employees within have the department or unit must be immediately qualified immediate qualifications, which includes skill, ability, knowledge, training and experience, to perform the work required workwithin one week of bumping into the position. For purposes [c] Each employee laid off, other than a probationary employee or temporary employee, shall be placed on a rehiring list for 12 months from date of layoff, placementduring which time he/she shall have recall rights as outlined in [d]-[g] below. [d] Should a vacancy occur, bumpingthe following recall procedures shall apply: The Publisher shall fill each vacancy in the bargaining unit with a person from the rehiring list, provided he/she is willing and has the immediate qualifications, which includes skill, ability, knowledge, training and experience, in all aspects, for the position, within the prescribed one week period, and recall, “immediately qualified” further provided that the person to be hired shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, one with the exception most seniority who was working as a regular employee until the layoff. [e] To recall an employee, the Publisher shall send a written notice of recall by registered mail to the Technology Scale, where “immediately qualified” employee's last address on record with the Publisher. It shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the Universityemployee to ensure the last address on record with the Publisher is current and correct. If the University determines that an employee is not qualifiedshould fail to do so, the Employer will not be responsible for failure of any notice to reach such employee and all recall rights are deemed to have been waived. [f] An employee shall have be struck from the right to grieve such decision. Part-time employees rehiring list and shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.
3. Student employees shall not be used deemed to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, resigned if: - the employee on leave shall receive the same rights under this Agreement upon fails to return to work as within 7 calendar days when offered a position - the employee refuses to return to work within 7 calendar days when offered a position - the employee's recall letter is returned because he/she failed to file a correct address with the Publisher. [g] An employee accepting recall into a lower classification than held prior to notice of layoff shall be paid the wage rate of the lower classification. [h] While complying with the requirements of [d] to [f], above, a vacancy may be filled, at the discretion of the Publisher, with a temporary employee. [i] Temporary lay-offs resulting from unexpected problems, equipment or power failures may be made without regard to seniority provided however that every reasonable effort will be made by the Publisher to provide work for employees in their own classification or in another classification in the workplace. [j] Severance pay for any permanent lay off shall be at the rate of one (1) week's wages for each ten (10) months' continuous service or a major fraction thereof, with a maximum of twenty-six (26) weeks severance pay, shall be paid to employees . [k] In the event the Publisher lays off an employee who works 40 hours/week and said employee bumps another employee who works more than 24 hours/week but less than 40 hours/week the hours of work per week for the employee initially laid off shall be reduced to equal the number of hours normally worked per week by the employee being bumped. The employee initially laid off shall be paid at the wage rate of the lower classification. [l] The Employer will accept voluntary lay-offs from other employees.
7. Any employee scheduled employees in the classification(s) involved in lieu of those identified to be laid off from his/her present job provided those remaining are qualified (which may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified include skill, ability, knowledge, training and experience) and able to perform the required workwork required. The number of layoffs will be reduced by the number of voluntary resignations from the classification.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedure. A. Once In the University determines the need for a layoff exists, it shall employ the following procedure:
1. If at any time during the layoff process an employee submits his notice event of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University Employer shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees reverse order of their seniority within their classification, commencing with the individual in the affected classification who have active discipline at position or positions affected, provided that there remain on the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any job employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the ability and qualifications as required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position by law to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position . An employee who is subject to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee layoff shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority.either:
3. Student employees shall not be used to perform significant components of a) Accept the position of a layoff; or
b) Displace another employee in the laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers’s classification, and copiers for use which employee has less bargaining unit seniority. Any employee so displaced can in preparing resumes turn displace another employee, in the same classification, and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5which employee has less bargaining unit seniority. If the work force employee who is displaced has the least bargaining unit seniority in their classification, that employee can then displace an employee who has less bargaining unit seniority in another classification in the bargaining unit if the employee originally subject to layoff is qualified for, and can perform the duties of the classification, without training other than orientation. Orientation will be reducedprovided as required. The preceding process continues then within this classification, it and as necessary, any other classification, until:
i) an employee accepts the layoff, or
ii) the most junior employee has received the notice of layoff, or
iii) the notice period has expired.
c) Every effort will be made to deliver the notice of layoff directly to the individual, and to have a Union representative present. Individuals who may not be present in the workplace, but have presumed they will be displaced, and who have decided their action if that were to occur, are encouraged to provide that decision to the Employer so that their decision is immediately available. A copy should be provided to the Union.
d) The decision of the employee to accept the layoff, or to displace another employee, shall be accomplished by layoff and not by any hours reductiongiven in writing to the Administrator, or her designate, within five (5) business days following notification of layoff. Only by agreement between Employees failing to do so will be deemed to have accepted the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Collective Agreement
Layoff Procedure. A. Once The Personnel Manager may separate any employee or class of positions without prejudice, because of financial or economic condition of the University determines City, reduction of work, or abandonment of activities. The City shall give such employees no less than thirty (30) calendar days written notice of separation and the need reason thereof. The notice will be hand-delivered or sent by registered mail. However, no permanent full-time employee shall be separated from a department while emergency, seasonal, and probationary personnel are employed and serving in the same position in the department.
B. In establishing the order of layoff of employees, the retention of those employees determined to be the most qualified is of concern and therefore, job performance will be considered. However, the principal criteria used in determining the order of layoff and bumping rights shall be seniority, time worked within a class within the City, provided the employee presently possesses the skills, abilities and qualifications to perform the job. Furthermore, seniority shall govern unless the following criteria show that ability, merit and record of the employees considered for layoff are not equal:
1. An employee's last four performance evaluations, if in existence;
2. Any history of employee written disciplinary actions;
3. Attendance record - tardiness and unexcused absences;
4. Safety record - vehicular and injury.
C. In the event that a less senior employee in the position in the classification to be laid off has superior skills, abilities, qualifications, merit and record, as determined by the Personnel Manager in the above manner, the more senior employee shall be laid off.
X. Xxxxxx of classification seniority shall be counted as all periods of time served as a probationary and permanent employee within a classification.
a. The person who holds the higher rank shall be the senior employee.
b. If two persons are of equal rank, the one promoted first shall be the senior employee.
c. If two persons are promoted on the same day, the person in the higher band shall be the senior employee. If two persons are promoted on the same day and from within the same band, the person who had been senior prior to the promotion shall be the senior employee.
d. Seniority as described in this section shall be effective for those promoted on or after January 1, 1993. Leave of absences will not be considered when determining seniority.
E. Bumping Rights - A laid-off employee shall be entitled to bump to the next classification/rank down in accordance with the criteria specified in B 1-4 above. The laid- off employee must be physically and mentally able to perform the duties of the former class. No employee shall be transferred or demoted to a position for which they do not possess the minimum qualifications.
F. After the City has notified the affected employee of the position available, if any, the employee must notify the Personnel Manager in writing of his/her intent to exercise the bumping rights within ten (10) calendar days, and the position and classification in the City to which he/she intends to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority in the class shall be bumped by the person who is laid off. The employee bumped shall be considered as laid off for the same reason as the person who bumped them and shall in the same manner be eligible to bump to the next classification/rank down in accordance with the criteria specified in B 1-4 above.
G. An employee's appointment shall not be terminated as a result of a layoff before they have been made a reasonable offer of reassignment, if such an offer is immediately possible or available. Determination of a reasonable offer of reassignment and its availability will be made by the Personnel Manager.
H. The names of permanent employees who have been laid off due to a reduction in force shall be placed on an appropriate re-employment list according to date separated and shall be eligible for re-employment. The last employee laid off shall be the first employee on the list, with other employees listed in sequential order thereafter. Each employee on a re-employment list shall remain on that list for one year, at which time the list expires unless extended by the Personnel Manager for a layoff exists, it maximum of one (1) additional year. The employee first listed shall employ also be first considered should a vacancy occur within that classification.
I. Names of laid-off employees on a re-employment list shall be removed under the following procedureprovisions:
1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, is re-hired by the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with City in the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s)classification.
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated requests such removal in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritywriting.
3. Student employees shall not be used If the employee fails to perform significant components respond within ten (10) calendar days upon receipt of notice of certification by the position of a laid off employee. It is agreed Personnel Manager to that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirementlast known address available.
4. The University shall make available If the employee refused an appointment to laid-off employeesa position of the same classification.
X. An employee who fails to respond in writing within ten (10) calendar days, prior refuses recall, or fails to their layoff report on the prescribed date, job waives all further right to recall and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issuesreinstatement as an employee.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If K. A person appointed from a layoff occurs during re-employment list must serve a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial new probationary period or employees if a recall from such list occurs more than one year after the effective date of layoff. A new probationary period in a temporary position (an employee hired for a specific project or hired with a defined end date) will such circumstances shall not be entitled to placement, bumping or recall rightsless than one year.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff Procedure. A. Once 31.1. Nothing herein will be construed to require the University determines District to fill vacant, budgeted positions nor to prohibit the need District from eliminating vacant positions from the budget. The District reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2. If, in the sole discretion of District’s management, personnel reductions are necessary, layoff order and recall lists will be developed based upon job classification, priority of function, job performance, individual qualifications and seniority. Local 501 and employees subject to layoff will be provided with at least two (2) weeks notification in writing whenever possible.
31.3. Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such request must be made in writing to the Human Resources Department within five (5) days of receipt of the Layoff Notice. The salary of an employee who voluntarily demotes will be unchanged, except that it may not exceed the top of the range for the lower level classification.
31.4. Recall lists will be developed for all classifications experiencing personnel reductions, and will be maintained for a layoff exists, it shall employ period of two (2) years from the following procedure:
1date of layoff. If at any time during Individuals will be placed on the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s).
2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows:
a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or
b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or
c. list in the inverse order of senioritylayoff, so that the last person laid off is the first recalled. The remaining employees When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment will be made to the individual on the top of the list. That individual must respond to the offer within five (5) days, or the department offer will be made to the next person on the list. An individual who either does not respond or unit refuses three (3) consecutive offers will have his/her name removed from the list.
31.5. All notification and responses must be immediately qualified to perform the required workin writing and delivered either in person or by Certified Mail. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications It is the responsibility of all employees to keep the University. If the University determines that an employee is not qualifiedHuman Resources Department informed of their current address, the employee shall have the right to grieve such decision. Part-time employees shall or where they may be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of senioritycontacted.
3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement.
4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues.
5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced.
6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees.
7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work.
8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff.
9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.
Appears in 1 contract
Samples: Memorandum of Understanding
