Layoff Procedures. An appointing authority may lay off an employee only when layoff becomes necessary because of the following reasons: 1. Abolition of a position; 2. Change in organization; 3. Decline in agency work load; 4. Insufficient funding; 5. Change in state law; or 6. Change in federal requirements. a. The appointing authority shall first determine, by division, the class or classes to be affected within the agency. b. Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' compensation. c. Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave and approved leave for an illness or injury under the Family Medical Leave Act for a non- probationary employee, except that any days, months, or years of leave without pay for educational or personal reasons shall not be counted d. No permanent employee shall be laid off from any position while there are temporary fill-in, or initial probationary employees serving in the same class of position within the same division of the agency. e. Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff. f. Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions: (1) The reassignment does not result in a promotion; and (2) The employee being reassigned qualifies for the vacant position. g. If there is no vacancy into which an employee can be reassigned as provided in (f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405. h. When demoting an employee in lieu of layoff, the appointing authority may take such action when: (1) Such demotion serves to protect the efficiency of the agency; and (2) The order of demotion occurs in a similar progression as that through which the employee was promoted. i. The parties acknowledge and agree that Layoff Procedure language is included in both the Personnel rules and this Agreement. The parties further agree that any alleged violation of this Article cannot be both grieved in this Agreement and appealed through the Personnel Rules on the same subject matter. The Association agrees to file any alleged violation in only one forum.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedures. An appointing authority may lay off an employee only when layoff becomes necessary because of the following reasons:
1. Abolition of a position;
2. Change in organization;
3. Decline in agency work load;
4. Insufficient funding;
5. Change in state law; or
6. Change in federal requirements.
a. (a) The appointing authority shall first determine, by division, the class or classes to be affected within the agency.
b. (b) Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' compensation.
c. (c) Seniority: Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave and approved leave for an illness or injury under the Family Medical Leave Act for a non- non-probationary employee, except that any days, months, or years of leave without pay for educational or personal reasons shall not be counted
d. (d) No permanent employee shall be laid off from any position while there are temporary fill-in, or initial probationary employees serving in the same class of position within the same division of the agency.
e. (e) Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.
f. (f) Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions:
(1) The reassignment does not result in a promotion; and
(2) The employee being reassigned qualifies for the vacant position.
g. (g) If there is no vacancy into which an employee can be reassigned as provided in (f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405.
h. (h) When demoting an employee in lieu of layoff, the appointing authority may take such action when:
(1) Such demotion serves to protect the efficiency of the agency; and
(2) The order of demotion occurs in a similar progression as that through which the employee was promoted.
i. (i) The parties acknowledge and agree that Layoff Procedure language is included in both the Personnel rules and this Agreement. The parties further agree that any alleged violation of this Article cannot be both grieved in this Agreement and appealed through the Personnel Rules on the same subject matter. The Association agrees to file any alleged violation in only one forum.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedures. An appointing authority may lay off an employee only when layoff becomes necessary because of the following reasons:
1. Abolition of a position;
2. Change in organization;
3. Decline in agency work load;
4. Insufficient funding;
5. Change in state law; or
6. Change in federal requirements.
a. (a) The appointing authority shall first determine, by division, the class or classes to be affected within the agency.
b. (b) Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' compensation.
c. (c) Seniority: Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave and approved leave for an illness or injury under the Family Medical Leave Act for a non- non-probationary employee, except that any days, months, or years of leave without pay for educational or personal reasons shall not be counted
d. (d) No permanent employee shall be laid off from any position while there are temporary fill-in, or initial probationary employees serving in the same class of position within the same division of the agency.
e. (e) Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.
f. (f) Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions:
(1) The reassignment does not result in a promotion; and
(2) The employee being reassigned qualifies for the vacant position.
g. (g) If there is no vacancy into which an employee can be reassigned as provided in (f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405.
h. (h) When demoting an employee in lieu of layoff, the appointing authority may take such action when:
(1) Such demotion serves to protect the efficiency of the agency; and
(2) The order of demotion occurs in a similar progression as that through which the employee was promoted.
i. The parties acknowledge and agree that Layoff Procedure language is included in both the Personnel rules and this Agreement. The parties further agree that any alleged violation (i) This provision shall take effect upon execution of this Article cannot be both grieved in this Agreement contract and appealed through the Personnel Rules shall expire on the same subject matter. The Association agrees to file any alleged violation in only one forumJune 30, 2013.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedures. An appointing authority may lay off an employee only when layoff becomes necessary because of the following reasons:
1. Abolition of a position;
2. Change in organization;
3. Decline in agency work load;
4. Insufficient funding;
5. Change in state law; or
6. Change in federal requirements.
a. (a) The appointing authority shall first determine, by division, the class or classes to be affected within the agency.
b. (b) Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' compensation.
c. (c) Seniority: Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave and approved leave for an illness or injury under the Family Medical Leave Act for a non- non-probationary employee, except that any days, months, or years of leave without pay for educational or personal reasons shall not be counted
d. (d) No permanent employee shall be laid off from any position while there are temporary fill-in, or initial probationary employees serving in the same class of position within the same division of the agency.
e. (e) Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.
f. (f) Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions:
(1) The reassignment does not result in a promotion; and
(2) The employee being reassigned qualifies for the vacant position.
g. (g) If there is no vacancy into which an employee can be reassigned as provided in (f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405.
h. (h) When demoting an employee in lieu of layoff, the appointing authority may take such action when:
(1) Such demotion serves to protect the efficiency of the agency; and
(2) The order of demotion occurs in a similar progression as that through which the employee was promoted.
i. The parties acknowledge and agree that Layoff Procedure language is included in both the Personnel rules and this Agreement. The parties further agree that any alleged violation (i) This provision shall take effect upon execution of this Article cannot be both grieved in this Agreement contract and appealed through the Personnel Rules shall expire on the same subject matter. The Association agrees to file any alleged violation in only one forumJune 30, 2015.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedures. An appointing authority may lay off an employee only when layoff becomes necessary because of the following reasons:
1. (a) Abolition of a position;
2. (b) Change in organization;
3. (c) Decline in agency work load;
4. (d) Insufficient funding;
5. (e) Change in state law; or
6. (f) Change in federal requirements.
a. (a) The appointing authority shall first determine, by division, the class or classes to be affected within the agency.
b. (b) Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' compensation.
c. (c) Seniority: Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave and approved leave for an illness or injury under the Family Medical Leave Act for a non- non-probationary employee, except that any days, months, or years of leave without pay for educational or personal reasons shall not be counted
d. (d) No permanent employee shall be laid off from any position while there are temporary fill-in, or initial probationary employees serving in the same class of position within the same division of the agency.
e. (e) Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.
f. (f) Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions:
(1) The reassignment does not result in a promotion; and
(2) The employee being reassigned qualifies for the vacant position.
g. (g) If there is no vacancy into which an employee can be reassigned as provided in (f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405.
h. (h) When demoting an employee in lieu of layoff, the appointing authority may take such action when:
(1) Such demotion serves to protect the efficiency of the agency; and
(2) The order of demotion occurs in a similar progression as that through which the employee was promoted.
i. The parties acknowledge and agree that Layoff Procedure language is included in both the Personnel rules and this Agreement. The parties further agree that any alleged violation (i) This provision shall take effect upon execution of this Article cannot be both grieved in this Agreement contract and appealed through the Personnel Rules shall expire on the same subject matter. The Association agrees to file any alleged violation in only one forumJune 30, 2013.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedures. An appointing authority may lay off an employee only when layoff becomes necessary because of the following reasons:
1. Abolition of a position;
2. Change in organization;
3. Decline in agency work load;
4. Insufficient funding;
5. Change in state law; or
6. Change in federal requirements.
a. The appointing authority shall first determine, by division, the class or classes to be affected within the agency.
b. Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' β compensation.
c. Seniority: Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave and approved leave for an illness or injury under the Family Medical Leave Act for a non- probationary employee, except that any days, months, or years of leave without pay for educational or personal reasons shall not be counted
d. No permanent employee shall be laid off from any position while there are temporary fill-in, or initial probationary employees serving in the same class of position within the same division of the agency.
e. Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.
f. Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions:
(1) . The reassignment does not result in a promotion; and
(2) . The employee being reassigned qualifies for the vacant position.
g. If there is no vacancy into which an employee can be reassigned as provided in (f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405.
h. When demoting an employee in lieu of layoff, the appointing authority may take such action when:
(1) . Such demotion serves to protect the efficiency of the agency; and
(2) . The order of demotion occurs in a similar progression as that through which the employee was promoted.
i. The parties acknowledge and agree that Layoff Procedure language is included in both the Personnel rules and this Agreement. The parties further agree that any alleged violation of this Article cannot be both grieved in this Agreement and appealed through the Personnel Rules on the same subject matter. The Association agrees to file any alleged violation in only one forum.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedures. An appointing authority may lay off an employee only when layoff becomes necessary because of the following reasons:
1. (a) Abolition of a position;
2. (b) Change in organization;
3. (c) Decline in agency work load;
4. (d) Insufficient funding;
5. (e) Change in state law; or
6. (f) Change in federal requirements.
a. (a) The appointing authority shall first determine, by division, the class or classes to be affected within the agency.
b. (b) Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' compensation.
c. (c) Seniority: Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave and approved leave for an illness or injury under the Family Medical Leave Act for a non- non-probationary employee, except that any days, months, or years of leave without pay for educational or personal reasons shall not be counted
d. (d) No permanent employee shall be laid off from any position while there are temporary fill-fill- in, or initial probationary employees serving in the same class of position within the same division of the agency.
e. (e) Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.
f. (f) Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions:
(1) The reassignment does not result in a promotion; and
(2) The employee being reassigned qualifies for the vacant position.
g. (g) If there is no vacancy into which an employee can be reassigned as provided in (f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405.
h. (h) When demoting an employee in lieu of layoff, the appointing authority may take such action when:
(1) Such demotion serves to protect the efficiency of the agency; and
(2) The order of demotion occurs in a similar progression as that through which the employee was promoted.
i. The parties acknowledge and agree that Layoff Procedure language is included in both the Personnel rules and this Agreement. The parties further agree that any alleged violation (i) This provision shall take effect upon execution of this Article cannot be both grieved in this Agreement contract and appealed through the Personnel Rules shall expire on the same subject matter. The Association agrees to file any alleged violation in only one forumJune 30, 2013.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedures. An appointing authority may lay off an employee only when layoff becomes necessary because of the following reasons:
1. Abolition of a position;
2. Change in organization;
3. Decline in agency work load;
4. Insufficient funding;
5. Change in state law; or
6. Change in federal requirements.
a. The appointing authority shall first determine, by division, the class or classes to be affected within the agency.
b. Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' compensation.
c. Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave and approved leave for an illness or injury under the Family Medical Leave Act for a non- non-probationary employee, except that any days, months, or years of leave without pay for educational or personal reasons shall not be counted
d. No permanent employee shall be laid off from any position while there are temporary fill-in, or initial probationary employees serving in the same class of position within the same division of the agency.
e. Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.
f. Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions:
(1) The reassignment does not result in a promotion; and
(2) The employee being reassigned qualifies for the vacant position.
g. If there is no vacancy into which an employee can be reassigned as provided in (f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405.
h. When demoting an employee in lieu of layoff, the appointing authority may take such action when:
(1) Such demotion serves to protect the efficiency of the agency; and
(2) The order of demotion occurs in a similar progression as that through which the employee was promoted.
i. The parties acknowledge and agree that Layoff Procedure language is included in both the Personnel rules and this Agreement. The parties further agree that any alleged violation of this Article cannot be both grieved in this Agreement and appealed through the Personnel Rules on the same subject matter. The Association agrees to file any alleged violation in only one forum.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff Procedures. An appointing authority may lay off an employee only when layoff becomes necessary because of the following reasons:
1. Abolition of a position;
2. Change in organization;
3. Decline in agency work load;
4. Insufficient funding;
5. Change in state law; or
6. Change in federal requirements.
a. (a) The appointing authority shall first determine, by division, the class or classes to be affected within the agency.
b. (b) Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an any agency in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' β compensation.
c. (c) Seniority: Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave and approved leave for an illness or injury under the Family Medical Leave Act for a non- non-probationary employee, except that any days, months, or years of leave without pay for educational or personal reasons shall not be counted.
d. (d) No permanent employee shall be laid off from any position while there are temporary fill-in, or initial probationary employees serving in the same class of position within the same division of the agency.
e. (e) Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.
f. (f) Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions:
(1) The reassignment does not result in a promotion; and
(2) The employee being reassigned qualifies qualified for the vacant position.
g. (g) If there is no vacancy into which an employee can be reassigned as provided in (f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405.
h. (h) When demoting an employee in lieu of layoff, the appointing authority may take such action when:
(1) Such demotion serves to protect the efficiency of the agency; and
(2) The order of demotion occurs in a similar progression as that through which the employee was promoted.
i. (i) The parties acknowledge and agree that Layoff Procedure language is included in both the Personnel rules and this Agreement. The parties further agree that any alleged violation of this Article cannot be both grieved in this Agreement and appealed through the Personnel Rules on the same subject matter. The Association agrees to file any alleged violation in only one forum.
Appears in 1 contract
Samples: Collective Bargaining Agreement