Common use of Layoff Recall and Bumping Clause in Contracts

Layoff Recall and Bumping. 18.01 A “short term layoff” will be defined as any layoff of five consecutive working days or less. Where a short term layoff is to occur, the Company will endeavour to provide employees and the Union with as much notice as it can, given to the circumstances which require a short term layoff. Employees shall not be subject to being laid off out of seniority in accordance with the “short term layoff” provisions more than one time in any twelve month period. 18.02 “Short-term” layoffs will be carried out as follows: The Company will first identify the classification(s) that will be the subject of a short term layoff. The Company will then lay off employees within the classification(s) as follows: (a) Probationary employees will be laid off first. (b) In reverse order of seniority provided the remaining employees have the skill and ability to perform the remaining work without familiarization. 18.03 Employees who are subject to a short-term layoff will have no right to displace another employee in another classification. 18.04 At the conclusion of a short term layoff, all employees will return to the classification they were assigned at the time the layoff took effect. 18.05 In the event of a long-term lay-off the Company will surplus employees based on the following factors: (a) Probationary employees will be laid off first, followed by: (b) Employees, in reverse order of seniority, starting with the most junior employees in the affected classification, provided the remaining employees have the skill and ability to perform the work available at the time of lay-off, with a maximum of a five (5) day familiarization period. 18.06 Seniority will be exercised on a job classification, then plant-wide basis. 18.07 An employee can exercise seniority within their classification or to a lateral job classification or may elect to displace the most junior employee at the next succeeding downward classification on the flow chart, provided the employee has the ability to perform the work remaining at the time of layoff, within a maximum of a five (5) day familiarization period. 18.08 An employee who is surplus or displaced shall have the right to elect one of the following: (a) Accept the layoff; or (b) Displace the junior employee identified in accordance with Article 18.

Layoff Recall and Bumping. 18.01 A “short term layoff” will 25.4 When an employee is identified for a layoff or reduction in force, they shall be defined as any layoff of five consecutive working days permitted to move into a vacant job or lessclassification, within the same bargaining unit and division (Criminal or Civil), provided that the employee meets the minimum qualifications for the job. Where a short term layoff If an employee has served in both the Criminal and Civil divisions and is qualified, they may bump into either division. If there is no vacancy to occurmove into, the Company will endeavour to provide employees and the Union with as much notice as it can, given employee may bump according to the circumstances which require a short term layoff. Employees shall not be subject to being laid off out of seniority progression below: a. The employee may bump the least senior employee in accordance with the “short term layoff” provisions division (or bargaining unit for those who qualify and have served in both divisions) in their same classification, provided that the bumping employee has more than one time in any twelve month periodseniority. 18.02 “Short-term” layoffs will be carried out as follows: The Company will first identify b. If no opportunity exists in subparagraph a. (above), then the classification(semployee may bump the least senior employee in the division (or bargaining unit for those who qualify and have served in both divisions) in the next lowest classification, provided that will be the subject of a short term layoff. The Company will then lay off employees within the classification(s) as follows: (a) Probationary employees will be laid off firstbumping employee has more seniority. c. If no opportunities exist in subparagraphs a. or b. (babove), then the employee may bump the least senior employee in the division (or bargaining unit for those who qualify and have served in both divisions) In reverse order of seniority in the classification lower than the next lowest, provided the remaining employees have bumping employee has more seniority. 25.5 In all cases of movement into vacant positions and bumping, the skill and ability employee must be qualified to perform the remaining work without familiarization. 18.03 Employees who are subject to a short-term layoff will have no right to displace another employee in another classification. 18.04 At the conclusion of a short term layoff, all employees will return to the classification they were assigned at the time the layoff took effect. 18.05 In the event of a long-term lay-off the Company will surplus employees based on the following factors: (a) Probationary employees will be laid off first, followed by: (b) Employees, in reverse order of seniority, starting with the most junior employees in the affected classification, provided the remaining employees have the skill and ability to perform the work available new position’s duties at the time of laymovement (i.e., DocuSign Envelope ID: 5168325D-71AC-4AAA-9C89-off, with a maximum of a five (5) day familiarization period. 18.06 Seniority will be exercised on a job classification, then plant-wide basis. 18.07 An employee can exercise seniority within their classification or to a lateral job classification or may elect to displace the most junior employee at the next succeeding downward classification on the flow chart, provided 928828C51B81 the employee has the ability to perform the work remaining requisite license, certification and/or training and experience at the time of layoffmovement). Bumping may only occur within the same division (or bargaining unit for qualified employees who have served in both divisions), within a maximum of a five (5) day familiarization period. 18.08 and an employee is only eligible for one bump attempt, meaning if they are not qualified to bump according to the progression above, no other bumping options will be allowed. An employee who is surplus or displaced shall have bumps into a new position as an alternative to layoff and who fails to perform the right to elect one functions of the following: (a) Accept new position during probation will be placed on the layoff; or (b) Displace reinstatement list. Such employees will only be eligible for reinstatement to the junior employee identified position from which they were laid off. Failure to pass probation for reasons other than performing the functions of the new position will result in termination in accordance with Article 1822. DocuSign Envelope ID: 5168325D-71AC-4AAA-9C89-928828C51B81 Dated this 6 day of December , 2022. Xxxx Xxxxxx, City Manager Xxxxx Xxxxx, Deputy Director AFSCME, Washington State Council of County and City Employees, AFL-CIO Xxxx Xxxxxx, HR Director Xxxx XxXxxxx, President, AFSCME, 307VC Xxxx Xxxxxx, Vice-President, AFSCME, 307VC Approved as to form: Xxxxx Xxxxxx, Executive Board, AFSCME, 307VC City Attorney’s Office Xxxxxxxx Xxxxx, City Attorney Xxxxxxx Xxxxxx, Attest: City Clerk DocuSign Envelope ID: 5168325D-71AC-4AAA-9C89-928828C51B81 This addendum agreement, hereinafter referred to as the Addendum, is effective as of the date indicated herein and is effective for the term of the AFSCME, Local 307VC collective bargaining agreement that begins January 1, 2018, hereinafter referred to as the Agreement, and it is by and between the City of Vancouver, a municipal corporation of the State of Washington and hereinafter referred to as the Employer, and the Washington State Council and City Employees, AFSCME Local 307VC, hereinafter referred to as the Union. The articles in this Addendum are applicable to AFSCME employees of the Recreation Division, and they modify and supersede the corresponding articles in the Agreement. Articles and sub- articles in the Agreement that are not modified in the Addendum apply, in their entirety, to all AFSCME bargaining units and members.

Layoff Recall and Bumping. 18.01 17.01 The term “layoff” will be defined as a reduction in the workforce which arises from a reduction or shortage of work or from the permanent elimination of a position. 17.02 A “short term temporary layoff” will be defined as any layoff of five seven (7) consecutive working days or less. Where a short term layoff is to occur, the The Company will endeavour to provide employees and the Union with as much notice as it can, given to the circumstances which require is reasonably practical of a short term temporary layoff. Employees shall not be subject to being laid off out of seniority in accordance with the “short term layoff” provisions more than one time in any twelve month period. 18.02 “Short-term” 17.03 Temporary layoffs will be carried out as follows: on a departmental basis. The Company will first identify the classification(s) department that will be the subject of a short term temporary layoff. The Company Com- pany will then lay off layoff employees within from the classification(s) as followsdepartment in the following order: (ai) Employees who volunteer to take the layoff, fol- lowed by (ii) Probationary employees will be laid off first. (b) In reverse order of seniority provided the remaining employees have the skill and ability to perform the remaining work without familiarization. 18.03 Employees who are subject to a short-term layoff will have no right to displace another employee in another classification. 18.04 At the conclusion of a short term layoff, all employees will return to the classification they were assigned at the time the layoff took effect. 18.05 In the event of a long-term lay-off the Company will surplus employees based on the following factors: (a) Probationary employees will be laid off firstemployees, followed by: (biii) Employees, in reverse order of seniority, starting with the most junior employees in the affected classificationemployee, provided that the remaining employees have possess the skill and ability to effectively perform the work available work. 17.04 At the conclusion of a temporary layoff, all employees will return to the job and shift they were assigned at the time the layoff took effect. 17.05 A “permanent layoff” will be defined as any layoff in excess of lay-offseven (7) consecutive days. The Company will provide affected employees and the Union at least seven (7) calendar days notice, with prior to the effective date of the permanent layoff. The notice will be in writing. 17.06 Permanent layoffs will be carried out on a maximum bargaining unit wide basis. In the event of a five permanent layoff the Company will layoff employees from the bargaining unit in the following order: (5i) day familiarization period. 18.06 Seniority Probationary employees will be exercised on a job classificationlaid off first, then plant-wide basis.fol- lowed by 18.07 An employee can exercise seniority within their classification or to a lateral job classification or may elect to displace (ii) Employees, in reverse order of seniority, starting with the most junior employee, provided that the remaining employees possess the skill and ability to effectively perform the available work. 17.07 An employee who is displaced as the result of a perma- nent layoff will have the right to bump a more junior employee in the following order, subject to the more senior employee having the skill and ability to effect- ively perform the available work: (i) Same classification and on the same shift. (ii) Same department and on the same shift. (iii) Another department and on the same shift. (iv) Steps 1 through 3 again but on another shift. 17.08 An employee who is displaced to a lower wage rated classification will maintain the wage rate of his or her previous classification for a period of ten (10) working days. If an employee is displaced to a higher wage rate classification, he or she will receive the higher wage rate immediately upon transfer. 17.09 If a position is permanently eliminated by the Company, and then within 30 calendar days it is reinstated, the position will be offered to the employee who occupied that position at the next succeeding downward classification on the flow charttime it was eliminated, provided the employee has is not on layoff. If the ability to perform the work remaining at the time of layoffemployee accepts, within then those other employees who were subsequently bumped as a maximum of a five (5) day familiarization period. 18.08 An employee who is surplus or displaced shall have the right to elect one result of the following: job elimination will also be given the op- tion to return to their previous position. In the event that an employee’s previous position is no longer available (ae.g. reduced or eliminated) Accept the layoff; or (b) Displace employee will remain in his or her current position, subject to the junior employee identified in accordance with provisions of this Agreement. If the job is eliminated and returns after 30 calendar days, the job will be posted under Article 18. 17.10 For temporary and permanent layoffs, the Company will recall employees in the reverse order of the layoff, provided they maintain their seniority rights per Article 10, sub-section 10.01. 17.11 The Company will provide the Union Chairperson with a list of those employees who will be laid off. The Company will also provide a list of employees who will be recalled from layoff. 17.12 Employee benefits will continue until the end of the month following the month in which the employee was laid off.

Layoff Recall and Bumping. 18.01 A “short term layoff” will be defined as any layoff of five consecutive working days or less. Where a short term layoff is to occur, the Company will endeavour to provide employees and the Union with as much notice as it can, given to the circumstances which require a short term layoff. Employees shall not be subject to being laid off out of seniority in accordance with the “short term layoff” provisions more than one time in any twelve month period. 18.02 “Short-term” layoffs will be carried out as follows: The Company will first identify the classification(s) that will be the subject of a short term layoff. The Company will then lay off employees within the classification(s) as follows: (a) Probationary Layoff - in the event of a lay off, employees will shall be laid off firstin reverse order of seniority within their department. (b) In reverse Recall - laid off employees, with recall rights, shall be recalled in order of seniority seniority; provided he has the remaining employees have necessary qualifications for the skill and ability to perform the remaining work without familiarizationposition. 18.03 Employees who are (c) Application - the location, classification or classification series of employees to be laid off or recalled shall be subject to a short-term layoff will have no right to displace another employee in another classificationjoint Employer/Union negotiations. 18.04 At (d) An employee affected by a layoff may bump any employee who has less seniority, provided he has the conclusion of a short term layoff, all employees will return necessary qualifications to fill the position. (e) Prior to the classification they were assigned at layoff of an employee under this Article, the time Employer and the Union may meet and determine the appropriate department in which to conduct a pre-layoff took effect. 18.05 In the event of a long-term lay-off the Company will surplus employees based on the following factorscanvass to invite: (a1) Probationary employees will be laid off first, followed by: (b) Employees, resignation with severance as provided in reverse order of seniority, starting with the most junior employees in the affected classification, provided the remaining employees have the skill and ability to perform the work available at the time of lay-off, with a maximum of a five (5) day familiarization period. 18.06 Seniority will be exercised on a job classification, then plant-wide basis. 18.07 An employee can exercise seniority within their classification or to a lateral job classification or may elect to displace the most junior employee at the next succeeding downward classification on the flow chart, provided the employee has the ability to perform the work remaining at the time of layoff, within a maximum of a five (5) day familiarization period. 18.08 An employee who is surplus or displaced shall have the right to elect one of the following: (a) Accept the layoff13.4; or (b2) Displace where eligible, early retirement. Where an employee selects an option, once confirmed in writing, such acceptance is final and binding upon the junior employee identified employee, subject to the agreement of the Employer. The Employer may establish reasonable time periods in accordance with Article 18which responses from employees will be received for consideration. (f) The Annual Maintenance Shut Down at the swimming pool is not deemed to be a layoff, providing that; (1) the maintenance shut down is not in excess of four (4) weeks; (2) the Employer advises, in writing, affected employees a minimum of three (3) months in advance of the dates of the maintenance shut down. Pool employees will not be able to exercise bumping rights during the Annual Maintenance Shut Down; however, (1) The Labour/Management Committee will meet prior to the shut down and discuss the availability of alternate employment for full-time staff members affected by the shut down. (2) The Employer will provide full-time employees, assigned to the pool, alternate work if available for the duration of the annual maintenance shut down. Full-time employees will have the option of declining alternate work and taking vacation, time off in lieu of banked overtime, or an unpaid leave of absence during the annual maintenance shutdown. (g) Part-time employees, assigned to the pool, will have the option of taking vacation, time off in lieu of banked overtime or an unpaid leave of absence during the annual maintenance.