Common use of Layoff Procedure Clause in Contracts

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Layoff Procedure. A layoff is defined as a separation from state the service for involuntary reasons reasons, other than resignationresignations, not reflecting discredit on an employee. For An employee and the purposes Union shall be given written notice of layoff at least fifteen (15) calendar days before the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationeffective date stating the reasons for the layoff. The layoff procedure shall occur in the following manner: a. The Department Agency shall determine the classification(s) affected and the specific positions to be vacated. b. Layoff lists will apply to employees in the affected classification(s) shall be notified of their potential layoffa classification. An Any regular status employee shall be given written notice of layoff as far permitted to displace an employee in advance as possible, but not the same classification with less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-c. A regular status employees/temporaries working 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 affected classification(s) in which 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 layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeesemployee, 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. A 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. (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 or who is the least senior regular status employee if there are no trial service employees, 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 thirty (30) days. If the displacing employee does not satisfy the above requirements or 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. d. No trial service or regular status employee in a particular office or duty station shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service while a temporary employee in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which same class is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed employed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffsame particular office or duty station.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. a) When the Agency believes that a lack of funds requires a layoff, the Agency will notify the Federation no fewer than fifteen (15) calendar days before the Agency issues initial layoff notices. The parties will meet, if requested by either the Agency or Federation, to consider alternatives to layoffs such as voluntary reductions in hours or workdays, temporary interruptions of employment or other voluntary employment options. Alternatives to the layoffs shall require mutual agreement between the Agency and Federation. In the absence of any mutual agreement, the Agency will implement layoff procedures consistent with the current applicable agreement. b) Agency and Federation discussions under this agreement shall not constitute interim bargaining under the Public Employees collective Bargaining Act. The parties shall not be required to use the dispute resolution procedures contained in the Public Employees Collective Bargaining Act. Section 2. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of a pending layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reason for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which Section 3. Prior to a layoff may occur layoff, service credits shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent for all full-time positions 2. Permanent and part-time positions d. Regular status employees shall be laid off (including job share), on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) yearlist. Section 4. All part-time service The classification and functional unit to be affected by any particular layoff shall be credited on identified by the Agency at the time the layoff is declared. Order of layoff within the designated classification and functional unit shall be determined by the lowest service credit from the list in Section 3. It is understood that when an employee who is to be laid off possesses knowledge, skill, or ability, the loss of which in the judgment of the Agency would seriously impact operations, the Agency may hold that employee in active status, while laying off the next employee in service credit order in the employee’s stead. When it is necessary to hold an employee, who would otherwise be laid off, the Agency will document the need and such documentation shall be accessible to the Federation for its review. Any dispute in this regard may be taken up as a prorated basisgrievance by the Federation. If an employee is underfilling a position, the employee will be considered in the higher classification for the purposes of this Article. If it is found that two (2) or more employees in the Agency in which the layoff is to be made have equal service creditcredits, the order of layoff shall be in inverse order of the greatest length of continuous state State service. Any trial service employee who is laid off shall not be placed on If ties between employees still exist, the Department order of layoff list but shall be restored determined by the Appointing Authority in such a manner as to conserve for the eligible list from which certification was made if State the eligible list is still active. Restoration services of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffmost qualified employees.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A layoff is defined The City Council and/or City Manager may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal, whenever in the judgment of the City Council and/or City Manager it becomes necessary for one or more of the following reasons: (1) due to lack of work, lack of funds, or other economic reasons; (2) because the necessity for a position no longer exists; and/or (3) as a separation from state service for involuntary reasons other than resignationresult of a change in administration that affects implementation of the City's goals and/or policies, not reflecting discredit on or results in an employee. For the purposes incompatibility of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationmanagement styles. The City Manager may notify executive management employees, within a reasonable period of time, of any potential layoffs or work furloughs in order to discuss potential alternatives to layoffs or work furloughs. In addition, the following layoff procedure shall occur procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the following manner:processing of layoffs. a. A. The Department City shall determine the classification(s) affected give employees proposed for layoff not less than a 14-calendar-day advanced written notice of separation and the employees in the affected classification(s) shall be notified of their potential layoffreason therefor. An No regular full-time employee shall be given written notice of separated under the layoff as far procedure from a department while emergency, seasonal, probationary, part-time, provisional, or temporary employees are employed and serving in advance as possible, but not less than thirty (30) calendar days before the effective date, stating same classification in the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsdepartment. b. All non-regular status employees/temporaries working in the affected classification(s) in which B. In each class within a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status department, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as decided by the City Manager or City Council/Personnel Committee. In cases where there are 2 or more regular employees in the class from which the layoff is to be made, 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 having ratings of improvement needed; second, all employees having ratings of satisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding. 2. 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 basis job, amount of inverse classification seniority. For purposes of administering sick leave used during the layoff provisions of this Articleimmediate 2 past fiscal years, classification seniority is defined as etc. C. Layoffs and demotions which result from a reduction in the length of work force shall be made without regard to an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service's race, color, marital status, national origin, religion, sex, age, citizenship, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service 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 City Manager or City Council/Personnel Committee 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 terminated as a result of a layoff before they have been made a reasonable offer of reassignment if such offer is immediately possible. F. An employee 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 within the last 5 years, 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 position previously held in the City within the last 5 years 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 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 a vacant position in the same or a lower classification for which the employee is qualified. Such transfer shall be subject to approval by the City 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 this Agreement (see Articles entitled "Transfer" and "Salary Advancement"). H. 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 City Manager or City Council/Personnel Committee so recommends. I. The names of regular employees who have been laid off or bumped down due to reduction in the work force shall be placed on the Department an appropriate layoff re-employment list but according to date separated or bumped down and shall be restored eligible for reemployment. 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 eligible 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-day 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 from which certification was made if and follow the eligible same notice and response procedure. This process will continue through the list until recall needs are met on the list or the list is still activeexhausted. 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. Restoration The new probationary period in such circumstances shall be 6 months. L. Reemployed employees shall receive the following: 1. Retention of full-time service seniority accrued at the date of layoff. 2. The salary for the classification in effect as of the list shall be 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 remaining period of eligibility that existed employee's seniority level and class at the time of appointment from rehire. 4. All the list. Regular status employees benefits or programs in effect at the time of layoff shall be placed on the Department layoff list for forfeited unless they are still applied to the classification held 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, shall forfeit all rights to reemployment and is entitled only to those rights related to severance from City employment.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Layoff Procedure. a) When the Agency believes that a lack of funds requires a layoff, the Agency will notify the union no fewer than fifteen (15) calendar days before the Agency issues initial layoff notices. The parties will meet, if requested by either the Agency or Union, to consider alternatives to layoffs such as voluntary reductions in hours or workdays, temporary interruptions of employment or other voluntary employment options. Alternatives to the layoffs shall require mutual agreement between the Agency and Union. In the absence of any mutual agreement, the Agency will implement layoff procedures consistent with the current applicable agreement. b) Agency and Union discussions under this agreement shall not constitute interim bargaining under the Public Employees collective Bargaining Act. The parties shall not be required to use the dispute resolution procedures contained in the Public Employees Collective Bargaining Act. Section 2. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of a pending layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reason for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeesSection 3. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority service credits calculated within the following separate mutually exclusive categories: 1. Permanent fulla) Full-time, b) Part-time positions(including job share). 2Section 4. Permanent part-The classification and functional unit to be affected by any particular layoff shall be identified by the Agency at the time positions d. Regular status employees the layoff is declared. Order of layoff within the designated classification and functional unit shall be determined by the lowest service credit. It is understood that when an employee who is to be laid off on possesses knowledge, skill, or ability, the basis loss of inverse which in the judgment of the Agency would seriously impact operations, the Agency may hold that employee in active status, while laying off the next employee in service credit order in the employee’s stead. When it is necessary to hold an employee, who would otherwise be laid off, the Agency will document the need and such documentation shall be accessible to the Union for its review. Any dispute in this regard may be taken up as a grievance by the Union. If an employee is underfilling a position, the employee will be considered in the higher classification seniority. For for the purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If it is found that two (2) or more employees in the Agency in which the layoff is to be made have equal service creditcredits, the order of layoff shall be in inverse order of the greatest length of continuous state State service. Any trial service employee who is laid off shall not be placed on If ties between employees still exist, the Department order of layoff list but shall be restored determined by the Appointing Authority in such a manner as to conserve for the eligible list from which certification was made if State the eligible list is still active. Restoration services of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffmost qualified employees.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. 1. When the Agency believes that a lack of funds requires a layoff, the Agency will notify the union no fewer than fifteen (15) calendar days before the Agency issues initial layoff notices. The parties will meet, if requested by either the Agency or Union, to consider alternatives to layoffs such as voluntary reductions in hours or workdays, temporary interruptions of employment or other voluntary employment options. Alternatives to the layoffs shall require mutual agreement between the Agency and Union. In the absence of any mutual agreement, the Agency will implement layoff procedures consistent with the current applicable agreement. 2. Agency and Union discussions under this agreement shall not constitute interim bargaining under the Public Employees collective Bargaining Act. The parties shall not be required to use the dispute resolution procedures contained in the Public Employees Collective Bargaining Act. Section 2. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of a pending layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reason for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeesSection 3. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority service credits calculated within the following separate mutually exclusive categories: 1. Permanent fulla) Full-time, b) Part-time positions(including job share). 2Section 4. Permanent part-The classification and functional unit to be affected by any particular layoff shall be identified by the Agency at the time positions d. Regular status employees the layoff is declared. Order of layoff within the designated classification and functional unit shall be determined by the lowest service credit. It is understood that when an employee who is to be laid off on possesses knowledge, skill, or ability, the basis loss of inverse which in the judgment of the Agency would seriously impact operations, the Agency may hold that employee in active status, while laying off the next employee in service credit order in the employee’s stead. When it is necessary to hold an employee, who would otherwise be laid off, the Agency will document the need and such documentation shall be accessible to the Union for its review. Any dispute in this regard may be taken up as a grievance by the Union. If an employee is underfilling a position, the employee will be considered in the higher classification seniority. For for the purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If it is found that two (2) or more employees in the Agency in which the layoff is to be made have equal service creditcredits, the order of layoff shall be in inverse order of the greatest length of continuous state State service. Any trial service employee who is laid off shall not be placed on If ties between employees still exist, the Department order of layoff list but shall be restored determined by the Appointing Authority in such a manner as to conserve for the eligible list from which certification was made if State the eligible list is still active. Restoration services of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffmost qualified employees.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoff Procedure. A A. When employees have equal seniority for retention in a class, the employee with the longest length of continuous service with the District since the employee’s last date of hire shall have the highest retention priority. B. ORDER OF LAYOFF: When layoff is defined as a separation from state service for involuntary reasons other than resignationnecessary, not reflecting discredit on an employee. For the purposes of employees are subject to layoff the Criminal Investigator by classification and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur by department in the following mannerorder: a. 1. Temporary employees shall be laid off in an order determined by seniority. 2. Probationary and provisional (acting) employees shall be laid off in an order determined by seniority. 3. Regular and promotional probationary employees shall be laid off in an order determined by seniority. C. SENIORITY LIST: Employees shall be subject to layoff as follows: 1. The Department shall determine the classification(s) affected and the names of all employees in the affected classification(s) a classification within a department shall be notified listed in order of their potential seniority according to the categories described above. The procedure described below shall be applied to each category in order until it is exhausted before moving to the next category. 2. If one layoff is to be made, the three (3) least senior employees shall be considered. If more than one layoff is to be made, the number of employees lowest in seniority equal to the number of layoffs plus two shall be considered. The General Manager shall base layoff decisions on seniority. 3. In order to avoid layoff, an employee laid off under the provisions of Section 10.02.C.2 above may, within three (3) working days of receiving the layoff notice, request demotion to a position in any lower classification within the same series, or in an equivalent series, or in any classification within the classified service in which the employee previously held regular status. An Whether to allow an incumbent to bump shall be based upon seniority. The decision must be recommended by the Human Resources/Risk and Safety Manager and approved by the General Manager. 4. In the case of any question as to the equivalency of classifications for purposes of Section 10.02.C.3 above, the decision of the Human Resources/Risk and Safety Manager is final. D. WRITTEN NOTICE OF LAYOFF: Any employee to be laid off shall be given written notice of layoff as far in advance as possible, but not less than thirty fourteen (3014) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff effective date of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of such layoff.

Appears in 1 contract

Samples: Memorandum of Understanding

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s employee‟s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Procedure. Section 1. When the Agency declares that a lack of funds necessitates a layoff, the Parties will meet, at the request of either Party, to consider alternatives to layoffs such as: voluntary reduction of hours, voluntary paid leave of absence, other voluntary programs and/or temporary interruptions of employment. Such alternatives shall be subject to mutual agreement of the Parties. In the absence of such mutual agreement, the Agency may implement layoff procedures consistent with this Agreement. The Parties agree all discussions that take place under this section are not bargaining and do not require the use of dispute resolution procedures contained in the PECBA. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of a pending layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reason for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeesSection 2. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority service credits calculated within the following separate mutually exclusive categories: a. Full-time, b. Part-time (including job share). A). Layoff shall be by classification and geographic as defined in Section 11 of this article. The affected geographic area, functional units and classifications shall be identified by the Agency and provided to the Union thirty (30) days prior to the layoff being declared. Order of layoff within the designated classification, functional unit, and geographic area shall be determined by identifying the required number of positions with the lowest service credit. 1. Permanent full-Effective upon layoff, the Agency will terminate temporary employees who are filling vacant positions in the affected classification and functional unit and include those vacant positions as available zero service credit positions during the process in Section 5 of this article. Temporary employees who are backfilling employees on long term leave may be displaced by full time positionsemployees who are laid off and elect to accept temporary employment. Full time employees who are on Job Rotation or Work Out of Classification assignments behind vacant positions will be returned to their permanent position if another employee exercises their option in lieu of layoff to the vacant position which would be designated as having zero service credits. If full time employees are backfilling another person on long term leave then the original employee‟s service credits shall apply to the position. 2. Permanent part-time positionsPrior to implementing layoffs, the Agency will notify all employees in the affected geographic area of the impending layoffs and solicit volunteers to elect to be laid off; volunteers will be solicited in numbers equal to those positions being laid off by classification. If more employees in a specific classification volunteer than are required, layoff will be granted by seniority with the higher seniority prevailing. d. Regular status employees 3. Employees laid off in a specific section or program within one or more functional units shall be laid off on notified fifteen (15) days prior to the basis date designated to declare options in lieu of inverse layoff under Section 5 of this article. Simultaneously, the Agency will notify an equivalent number of least service credit employees in the same classification seniorityat that worksite of the potential they may be bumped and should begin exploring possible options in lieu of layoff applicable under Section 5 of this article. 4. For purposes If the Agency is „deactivating‟ or closing a functional unit it shall notify all employees within that functional unit thirty (30) days prior to the date designated to declare options in lieu of administering layoff under Section 5 of this article. Simultaneously, the Agency will notify an equivalent number of least service credit employees in the same classifications within the Geographic Area of the potential they may be bumped and should begin exploring possible options in lieu of layoff as may or may not be applicable under Section 5 of this Article. 5. All impacted employees will be given an opportunity to meet with the Agency and Union and will be provided information regarding the layoff provisions process and their rights including but not limited to: a copy of this Article, classification seniority is defined as the length an explanation of an employee’s continuous service their options in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption lieu of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service creditlayoff, the order of layoff shall be in inverse specifics of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on layoff and recall process, various options when applying for the Department layoff list but shall be restored to list, other information regarding the eligible list from which certification was made if the eligible list is still active. Restoration administration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layofflists, unemployment and other relevant subjects.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Procedure. ‌ 1. A layoff is defined as a an involuntary separation from state service for involuntary reasons other than resignationemployment due to lack of work or lack of funds asserted by the County Board of Commissioners. A layoff does not reflect discredit upon the employee. 2. When the County Board of Commissioners or its designee proposes to eliminate a County- funded position which is currently filled, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following mannerprocedures will be implemented: a. (a) The Department County shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given give written notice of layoff as far in advance as possible, but not less than thirty to the Association at least twenty (3020) calendar days before prior to notifying any employee of the proposed effective datedate of elimination of 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 elimination of the position, stating the reason(s) for eliminating the layoffposition and the employee’s rights to accept another position in accordance with this Article. (c) The order of layoffs within a department shall be: i. Temporary employees; ii. The Department shall notify, Part-time employees; iii. Initial employment probationary employees; iv. Regular employees in writing, all affected employees the reverse order of their seniorityseniority within the classification and within the department in which the layoffs are being made. The Department shall notify If a tie in seniority exists between employees, the CIA, in writing, order of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-determined by time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basiswith the Department. If two (2) or more employees have equal service credita tie continues, the order of layoff shall be determined by the department in inverse such manner as to conserve for the County the services of the greatest length most qualified employee. The reasons for the decision shall be based on documents placed in the employees’ personnel files at least ninety (90) calendar days before the date of continuous state servicewritten notice to the Association. 3. Any trial service Each full-time regular employee who is laid off shall have the right to elect a reduction to a position in a classification covered under this Agreement with a lower pay grade in his/her current department. Such reduction shall be to a position which is within the same department and: (a) Is currently filled by the employee with the least seniority; or (b) Is a position which has been authorized and planned to be filled. The employee who wishes to be reduced in classification within their department must have greater seniority in the same series or family of job classifications as the current employee, and must demonstrate s/he currently is qualified to fill the position. 4. An employee’s appointment shall not be placed terminated before the employee has been made a reasonable offer to elect a reduction pursuant to paragraph 3 . 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 essential functions of the position to which s/he is being recalled before being re-employed. (c) 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 Department layoff list but date specified in the offer, or s/he shall be restored deemed to have refused the offer of re-employment and shall forfeit all seniority and/or rehire rights and privileges. In the event that the notice of delivery is not returned within fourteen (14) calendar days of mailing, the County may proceed to fill the position with the next eligible list from which certification was made if person on the eligible list is still active. Restoration of recall list. (d) Upon re-employment, a recalled employee shall have the list shall be for the remaining period of eligibility that existed seniority and benefit accrual rates s/he enjoyed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff, subject to changes made through collective bargaining.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the A. Probationary employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees first. A probationary employee shall not be laid off unless there is a senior employee who is certified, qualified, and seniority calculated within available to perform the following separate categories:duties of the position the probationary employee is vacating, or unless the position that the probationary employee is vacating is being eliminated altogether. 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status B. If the reduction of employees is still necessary, then senior employees in the specific positions being reduced or eliminated shall be laid off on the basis of seniority, except as hereinafter provided. Layoffs made pursuant to this section shall be made in the inverse classification order of seniority, i.e., those with the least seniority are to be laid off first. For the purposes of this article "seniority" is defined to mean the amount of time an individual has been continuously employed as a certificated employee within the School District. The seniority list shall be published and posted conspicuously in all buildings of the district by the second Friday in October of each school year. Revisions and updates of the seniority list shall also be published and posted as they are made. A copy of the seniority list and subsequent revisions and updates shall be forwarded to the Association Chairperson. C. Seniority shall continue to accumulate when bargaining unit members are on contractually approved sabbatical, National Guard, education, child care, job related disability, or association leave. D. The bargaining unit member shall receive written notice 20 days prior to effective date of layoff. E. A senior employee who is laid off pursuant to this article has the right to be placed in a position for which he/she is certified and qualified, and which is occupied by an employee with less seniority. For purposes of administering the layoff provisions purpose of this Article, classification seniority is article "qualified" shall be defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption following manner: 1. A minimum of employment without pay of more than one (1) year. 's satisfactory experience in the specific job classification to which he/she is attempting to be assigned within the past five (5) years. F. All part-time service shall seniority is lost when employment is terminated by resignation, retirement, or discharge for just cause; employees whose services have been terminated because of a necessary reduction in personnel must be credited on appointed to the first vacancy for which the employee is certified and qualified for a prorated basis. If two (2) or more employees have equal service credit, period of three years after the order of layoff shall be in inverse effective date of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration termination of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffemployee’s services.

Appears in 1 contract

Samples: Master Agreement

Layoff Procedure. A A. Once the University determines the need for a layoff is defined as a separation from state service exists, it shall employ the following procedure: 1. If at anytime during the layoff process an employee submits his notice of retirement, resignation or volunteers for involuntary reasons other than resignationlayoff, not reflecting discredit on an employeethe University will review its layoff rationale. For Where appropriate, the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationUniversity may curtail staff reductions and/or recall laid-off employee(s). The layoff procedure University shall occur in first lay off non-bargaining unit temporary employees with the following manner: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). a. The Department shall determine the classification(s) affected and the 2. If further reductions are required, employees in the affected job classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working laid off in the affected classification(s) inverse order of seniority, provided that the remaining employees are immediately qualified to perform the required work. For purposes of layoff, bumping, and recall, qualified shall include ability, aptitude, skill, experience, and qualifications as stated in which the job description as evidenced by recent performance in the position or in a layoff may occur shall be terminated prior to position having the actual layoff same or similar essential job duties or the employee’s demonstration of trial service or regular status employeesother relevant qualifications. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent fullPart-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Articlebefore full-time employees, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basisemployees cannot bump full-time employees. If two (2) Similarly, temporary employees cannot bump regular or more funds available employees, regardless of seniority. 3. Student employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed used to perform significant components of the position of a laid off employee. 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 Department layoff list but 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 restored to accomplished by layoff and not by any hours reduction. Only by agreement between the eligible list from which certification was made if appropriate parties can the eligible list is still activeregular hours of employees be reduced. 6. Restoration of the list shall be for the remaining If a layoff occurs during a period of eligibility that existed at 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 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 of appointment from spent on layoff, and the list. Regular status employees employee shall be placed on the Department layoff list for the classification held at time of retain all seniority accumulated prior to layoff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status Whenever employees are laid off, affected employees shall be laid off on according to the basis of inverse classification seniorityseniority within the classification, with the least senior employees laid off first. For purposes of administering the layoff provisions of this Article, classification seniority is Seniority shall be defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest uninterrupted length of continuous state service with the Board in a particular classification computed from the latest date of hire or appointment to the employee’s present classification. Authorized leaves of absences do not constitute an interruption in continuous service. 2. Any trial service The classifications to be used for the purpose of defining classification seniority shall be classifications specified as follows: a. Custodian/ Groundskeeper/Maintenance b. Cafeteria / Xxxx 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 former classification. b. The employee must have more years of experience in the former classification than the least senior employee currently in the former classification, or, the employee must have more total years of experience, when combining his/her current classification with his/her former classification(s), than the least senior employee who is currently working in the former classification. c. The employee must be willing to accept the pay scale of the 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 shall not be placed on employee. b. In the Department layoff list but shall be restored event that a laid off employee has no previously held classification, or is unable to bump into a previously held classification, such laid off employee may bump the eligible list from least senior employee in any classification for which certification was made if he/she is qualified to perform as determined by the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffSuperintendent.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Layoff Procedure. A In the event certain bargaining unit positions are targeted for transfer or layoff, the parties will attempt to reassign employees to other job classifications prior to utilizing the layoff is defined as a separation from state service for involuntary reasons other than resignationand 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. Such reassignments will be offered by seniority within affected classifications. Reassigned employees not reflecting discredit on an employeeelecting to accept reassignment may pursue participation in the job-share program. For the purposes Layoff of layoff the Criminal Investigator and Criminal Financial Investigator employees not reassigned nor participating in job-share shall be treated as one classificationin accordance with the provisions of this Article. B. Seniority shall be used to determine the order of layoffs. The least senior employee in a position targeted for layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall the first to be given laid off. C. The Company will give two (2) weeks written notice of layoff and provide a layoff allowance as far follows: D. The employee to be affected may, at the employee’s own discretion, replace another employee with less seniority in advance as possiblethe same or lower classification within the Company, but not less than thirty (30) calendar days before provided that the effective date, stating employee meets the reason(s) minimum qualifications for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsthat position. b. All nonE. The Classification Committee shall determine the qualifications of employees. In the event the Classification Committee is unable to reach a decision within three (3) 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-regular status employees/temporaries working share in the affected classification(s) in which lieu of a layoff may occur shall as provided in Section 5.10 of this Agreement. However, if no job-share opportunity can be terminated prior identified within the notice period given to the actual layoff of trial service or regular status employees. A trial service employee the employee shall be laid off prior subject to the layoff of any regular status employeeas scheduled. c. Employees G. A laid-off employee shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If have recall rights for two (2) years after layoff. The Union will be advised of the recall and will have three (3) business days to send notification of recall to the employee. If the employee does not return within fourteen (14) calendar days of when notification was sent, or more employees have equal service creditmake alternative arrangements satisfactory to the Company, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored Company will have fulfilled its obligations to the eligible list employee in regards to recall from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff. H. A recalled employee maintains his service and seniority date, as well as rate of pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Alaska Communications Systems Group Inc)

Layoff Procedure. A layoff 1. Layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur reduction in the working force. 2. If a layoff becomes necessary the following mannerprocedures will be mandatory: a. The Department Layoffs, as required, shall determine be made within the classification(s) affected classifications in the affected department. b. Such reduction will be made in the first instance by terminating probationary and the temporary employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status c. If a further reduction in force is required, such reduction, in the case of seniority employees/temporaries working , will be made in inverse order of seniority within the affected classification in the affected classification(s) department. 3. When an employee is laid off, due to a reduction in which a layoff may occur the work force, he or she shall be terminated prior permitted to exercise his/her seniority rights to "bump" or replace an employee with less seniority in classifications covered by this Agreement in the actual layoff department from which the employee was laid-off only. Such employee may "bump" an employee in an equal or lower job classification under the following conditions: a. He/she shall have seniority as required and as defined in Article 32, Seniority, of this Agreement. b. Current ability to do the available work, meet the qualifications and perform the duties of the job without a trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employeetraining period. c. Employees An employee who qualifies for rights as set forth above, shall be laid off and seniority calculated within have the following separate categories: 1right to exercise such right or to accept layoff, by so notifying his/her Department Supervisor in writing. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse Failure of the greatest length of continuous state service. Any trial service affected employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed exercise such "bumping rights" at the time of appointment layoff, will result in forfeiture 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 Unit Chairperson shall receive a list from the listEmployer, of the employees being laid off, on the same date the notices are issued to the employees. 5. Regular status Employees in classifications covered by this Agreement who are laid off from their regular employment as a result of a reduction in force, will be given consideration, by interview, for hire into a 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 qualified by virtue of his/her 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 32, Seniority, of this Agreement. Such employees shall be placed on serve a ninety (90) day trial period, during which time the Department layoff list Employer may terminate the employee. Such termination by the Employer will not affect the former lay-off for seniority status of the classification held at time of layoffemployee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Procedure. A layoff is defined as RAFT Whenever in the judgment of the 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 separation from state service for involuntary reasons other than resignationposition no longer exists, not reflecting discredit on an employee. For the purposes City Council and/or City Manager may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classificationappeal. The City Manager may notify management employees, within a reasonable period of time, of any potential layoffs or work furloughs in order to discuss potential alternatives to layoffs or work furloughs. In addition, the following layoff procedure shall occur procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the following manner:processing of layoffs. a. A. The Department City shall determine the classification(s) affected give employees proposed for layoff not less than a 14-calendar-day advanced written notice of separation and the employees in the affected classification(s) shall be notified of their potential layoffreason therefore. An No regular full-time employee shall be given written notice of separated under the layoff as far procedure from a department while emergency, seasonal, probationary, part-time, provisional, or temporary employees are employed and serving in advance as possible, but not less than thirty (30) calendar days before the effective date, stating same classification in the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsdepartment. b. All non-regular status employees/temporaries working in the affected classification(s) in which B. In each class within a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status department, employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service according to employment status in the Criminal Investigator following order: temporary, provisional, probationary, and Criminal Financial Investigator classifications excluding temporary serviceregular. Temporary, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service creditprovisional, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status and probationary employees shall be placed laid off according to the needs of the service as recommended by the concerned department head and decided by the City Manager. In cases where there are two or more regular employees in the class from which the layoff is to be made, 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 having ratings of improvement needed; second, all employees having ratings of satisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding. 2. 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 Department layoff list for job, amount of sick leave used during the classification held at time of layoffimmediate 2 past fiscal years, etc.

Appears in 1 contract

Samples: Employment Agreement

Layoff Procedure. Section 1. When the Agency declares that a lack of funds necessitates a layoff, the Parties will meet, at the request of either Party, to consider alternatives to layoffs such as: voluntary reduction of hours, voluntary paid leave of absence, other voluntary programs and/or temporary interruptions of employment. Such alternatives shall be subject to mutual agreement of the Parties. In the absence of such mutual agreement, the Agency may implement layoff procedures consistent with this Agreement. The Parties agree all discussions that take place under this section are not bargaining and do not require the use of dispute resolution procedures contained in the PECBA. A layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of a pending layoff as far in advance as possible, but not less than thirty at least fifteen (3015) calendar days before the effective date, date stating the reason(s) reason for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff of trial service or regular status employeesSection 2. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority service credits calculated within the following separate mutually exclusive categories: a. Full-time, b. Part-time (including job share). a. Layoff shall be by classification and geographic as defined in Section 11 of this article. The affected geographic area, functional units and classifications shall be identified by the Agency and provided to the Union thirty (30) days prior to the layoff being declared. Order of layoff within the designated classification, functional unit, and geographic area shall be determined by identifying the required number of positions with the lowest service credit. 1. Permanent full-Effective upon layoff, the Agency will terminate temporary employees who are filling vacant positions in the affected classification and functional unit and include those vacant positions as available zero service credit positions during the process in Section 5 of this article. Temporary employees who are backfilling employees on long term leave may be displaced by full time positionsemployees who are laid off and elect to accept temporary employment. Full time employees who are on Job Rotation or Work Out of Classification assignments behind vacant positions will be returned to their permanent position if another employee exercises their option in lieu of layoff to the vacant position which would be designated as having zero service credits. If full time employees are backfilling another person on long term leave then the original employee’s service credits shall apply to the position. 2. Permanent part-time positionsPrior to implementing layoffs, the Agency will notify all employees in the affected geographic area of the impending layoffs and solicit volunteers to elect to be laid off; volunteers will be solicited in numbers equal to those positions being laid off by classification. If more employees in a specific classification volunteer than are required, layoff will be granted by seniority with the higher seniority prevailing. d. Regular status employees 3. Employees laid off in a specific section or program within one or more functional units shall be laid off on notified fifteen (15) days prior to the basis date designated to declare options in lieu of inverse layoff under Section 5 of this article. Simultaneously, the Agency will notify an equivalent number of least service credit employees in the same classification seniorityat that worksite of the potential they may be bumped and should begin exploring possible options in lieu of layoff applicable under Section 5 of this article. 4. For purposes If the Agency is ‘deactivating’ or closing a functional unit it shall notify all employees within that functional unit thirty (30) days prior to the date designated to declare options in lieu of administering layoff under Section 5 of this article. Simultaneously, the Agency will notify an equivalent number of least service credit employees in the same classifications within the Geographic Area of the potential they may be bumped and should begin exploring possible options in lieu of layoff as may or may not be applicable under Section 5 of this Article. 5. All impacted employees will be given an opportunity to meet with the Agency and Union and will be provided information regarding the layoff provisions process and their rights including but not limited to: a copy of this Article, classification seniority an explanation of their options in lieu of layoff, the specifics of the layoff and recall process, various options when applying for the layoff list, other information regarding the administration of the lists, unemployment and other relevant subjects. b. If an employee is defined as underfilling a position, the length of an employee’s continuous service employee will be considered in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which higher classification for the purposes of this Article. c. If it is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If found that two (2) or more employees in the Agency in which the layoff is to be made have equal service creditcredits, the order of layoff shall be in inverse order of the greatest length of continuous state State service. d. If ties between employees still exist, the order of layoff shall be determined by using a lottery process as a final tie breaker to determine the order of layoff. Any trial service The lottery process will include the following elements: 1. Agency and Union representatives will be present to witness the lottery process. 2. A double blind selection process will be used. There will be one container with employee who is laid off names and another container with the number of employees in the first container or drawn at that time. 3. Simultaneously, one (1) representative shall not be placed on pull names and another representative will pull numbers. 4. Service credit score ties broken through this double blind process shall result in employees being added to the Department layoff list but shall be restored to in inverse order from one (1) through the eligible list from which certification was made if the eligible list is still activelast number drawn. 5. Restoration The results of the list above lottery process shall also be for used to determine the remaining period order of eligibility that existed at the time of appointment recall from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoffthose employees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Procedure. A A. When employees have equal seniority for retention in a class, the employee with the longest length of continuous service with the District since the employee’s last date of hire shall have the highest retention priority. B. ORDER OF LAYOFF: When layoff is defined as a separation from state service for involuntary reasons other than resignationnecessary, not reflecting discredit on an employee. For the purposes of employees are subject to layoff the Criminal Investigator by classification and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur by department in the following mannerorder: a. 1. Temporary employees shall be laid off in an order determined by seniority. 2. Probationary and provisional (acting) employees shall be laid off in an order determined by seniority. 3. Regular and promotional probationary employees shall be laid off in an order determined by seniority. C. SENIORITY LIST: Employees shall be subject to layoff as follows: 1. The Department shall determine the classification(s) affected and the names of all employees in the affected classification(s) a classification within a department shall be notified listed in order of their potential seniority according to the categories described above. The procedure described below shall be applied to each category in order until it is exhausted before moving to the next category. 2. If one layoff is to be made, the three (3) least senior employees shall be considered. If more than one layoff is to be made, the number of employees lowest in seniority equal to the number of layoffs plus two shall be considered. The General Manager shall base layoff decisions on seniority. 3. In order to avoid layoff, an employee laid off under the provisions of Section 10.02.C.2 above may, within three (3) working days of receiving the layoff notice, request demotion to a position in any lower classification within the same series, or in an equivalent series, or in any classification within the classified service in which the employee previously held regular status. An Whether to allow an incumbent to bump shall be based upon seniority. The decision must be recommended by the Human Resources and Risk Manager and approved by the General Manager. 4. In the case of any question as to the equivalency of classifications for purposes of Section 10.02.C.3 above, the decision of the Human Resources and Risk Manager is final. D. WRITTEN NOTICE OF LAYOFF: Any employee to be laid off shall be given written notice of layoff as far in advance as possible, but not less than thirty fourteen (3014) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status employees/temporaries working in the affected classification(s) in which a layoff may occur shall be terminated prior to the actual layoff effective date of trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employee. c. Employees shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of such layoff.

Appears in 1 contract

Samples: Memorandum of Understanding

Layoff Procedure. A layoff 1. Layoff is defined as a separation from state service for involuntary reasons other than resignation, not reflecting discredit on an employee. For the purposes of layoff the Criminal Investigator and Criminal Financial Investigator shall be treated as one classification. The layoff procedure shall occur reduction in the working force. 2. If a layoff becomes necessary the following mannerprocedures will be mandatory: a. The Department Layoffs, as required, shall determine be made within the classification(s) affected classifications in the affected department. b. Such reduction will be made in the first instance by terminating probationary and the temporary employees in the affected classification(s) shall be notified of their potential layoff. An employee shall be given written notice of layoff as far in advance as possible, but not less than thirty (30) calendar days before the effective date, stating the reason(s) for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classifications. b. All non-regular status c. If a further reduction in force is required, such reduction, in the case of seniority employees/temporaries working , will be made in inverse order of seniority within the affected classification in the affected classification(s) department. 3. When an employee is laid off, due to a reduction in which a layoff may occur the work force, he or she shall be terminated prior permitted to exercise his/her seniority rights to "bump" or replace an employee with less seniority in classifications covered by this Agreement in the actual layoff department from which the employee was laid-off only. Such employee may "bump" an employee in an equal or lower job classification under the following conditions: a. He/she shall have seniority as required and as defined in Article 36, Seniority, of this Agreement. b. Current ability to do the available work, meet the qualifications and perform the duties of the job without a trial service or regular status employees. A trial service employee shall be laid off prior to the layoff of any regular status employeetraining period. c. Employees An employee who qualifies for rights as set forth above, shall be laid off and seniority calculated within have the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positionsright to exercise such right or to accept layoff, by so notifying his/her Department Supervisor in writing. d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If two (2) or more employees have equal service credit, the order of layoff shall be in inverse Failure of the greatest length of continuous state service. Any trial service affected employee who is laid off shall not be placed on the Department layoff list but shall be restored to the eligible list from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed exercise such ‘bumping rights” at the time of appointment layoff, will result in forfeiture 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 Unit Chairperson shall receive a list from the listEmployer, of the employees being laid off, on the same date the notices are issued to the employees. 5. Regular status Employees in classifications covered by this Agreement who are laid off from their regular employment as a result of a reduction in force, will be given consideration, by interview, for hire into a 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 qualified by virtue of his/her 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 36 of this Agreement. Such employees shall be placed on serve a ninety (90) day trial period, during which time the Department layoff list Employer may terminate the employee. Such termination by the Employer will not affect the former lay-off for seniority status of the classification held at time of layoffemployee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoff Procedure. A In the event certain bargaining unit positions are targeted for transfer or layoff, the parties will attempt to reassign employees to other job classifications prior to utilizing the layoff is defined as a separation from state service for involuntary reasons other than resignationand 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. Such reassignments will be offered by seniority within affected classifications. Reassigned employees not reflecting discredit on an employeeelecting to accept reassignment may pursue participation in the job-share program. For the purposes Layoff of layoff the Criminal Investigator and Criminal Financial Investigator employees not reassigned nor participating in job-share shall be treated as one classificationin accordance with the provisions of this Article. B. Seniority shall be used to determine the order of layoffs. The least senior employee in a position targeted for layoff procedure shall occur in the following manner: a. The Department shall determine the classification(s) affected and the employees in the affected classification(s) shall be notified of their potential layoff. An employee shall the first to be given laid off. C. The Company will give two (2) weeks written notice of layoff and provide a layoff allowance as far follows: Months of Continuous Service Layoff Allowance D. The employee to be affected may, at the employee’s own discretion, replace another employee with less seniority in advance as possiblethe same or lower classification within the Company, but not less than thirty (30) calendar days before provided that the effective date, stating employee meets the reason(s) minimum qualifications for the layoff. The Department shall notify, in writing, all affected employees of their seniority. The Department shall notify the CIA, in writing, of the seniority of all employees in all affected classificationsthat position. b. All nonE. The Classification Committee shall determine the qualifications of employees. In the event the Classification Committee is unable to reach a decision within three (3) 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-regular status employees/temporaries working share in the affected classification(s) in which lieu of a layoff may occur shall as provided in Section 5.10 of this Agreement. However, if no job-share opportunity can be terminated prior identified within the notice period given to the actual layoff of trial service or regular status employees. A trial service employee the employee shall be laid off prior subject to the layoff of any regular status employeeas scheduled. c. Employees G. A laid-off employee shall be laid off and seniority calculated within the following separate categories: 1. Permanent full-time positions 2. Permanent part-time positions d. Regular status employees shall be laid off on the basis of inverse classification seniority. For purposes of administering the layoff provisions of this Article, classification seniority is defined as the length of an employee’s continuous service in the Criminal Investigator and Criminal Financial Investigator classifications excluding temporary service, or a break in service which is defined as a separation or interruption of employment without pay of more than one (1) year. All part-time service shall be credited on a prorated basis. If have recall rights for two (2) years after layoff. The Union will be advised of the recall and will have three (3) business days to send notification of recall to the employee. If the employee does not return within fourteen (14) calendar days of when notification was sent, or more employees have equal service creditmake alternative arrangements satisfactory to the Company, the order of layoff shall be in inverse of the greatest length of continuous state service. Any trial service employee who is laid off shall not be placed on the Department layoff list but shall be restored Company will have fulfilled its obligations to the eligible list employee in regards to recall from which certification was made if the eligible list is still active. Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list. Regular status employees shall be placed on the Department layoff list for the classification held at time of layoff. H. A recalled employee maintains his service and seniority date, as well as rate of pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Alaska Communications Systems Group Inc)

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