Layoff Recall. 19.1 When a layoff occurs within the bargaining unit, the Union and those employees affected will be given at least thirty (30) calendar days notice in advance of the layoff or pay in lieu of notice, except in emergencies. When the event triggering the layoff is an unanticipated decrease in students that the employee works with, the layoff notification will be as close to thirty (30) days as is feasible but the employee will receive no less than ten (10) days notice or pay in lieu of notice. 19.2 This Article is invoked by: A. Reductions or restorations of scheduled work time of twenty-five percent (25%) or more of the work schedule. B. Reduction below previous insurance benefit eligibility level due to reduction in hours. 19.3 Layoff of employees shall occur on the basis of seniority (See definition in 19.7). The individual selected for layoff will be a person working in the affected classification (see Appendix A), within the affected area Service Center Area (County), and in a position that has the same number of hours (plus or minus five (5) hours per week) as the position being eliminated. In the event that the ESD requires the retention of a less senior employee in the affected classification, where it has been demonstrated by the ESD the less senior employee has greater qualifications for the retained position/assignment based on the job description and assigned work tasks, the ESD will meet with the Union to review the greater qualifications needed prior to any action being taken. 19.4 Employees who are given notice of a reduction of hours as described in 19.2 shall have the option to decline an involuntary assignment to a position with less hours and instead elect to be laid-off. 19.5 Whenever the ESD determines that a vacancy exists within a classification, laid- off employees from that classification will be recalled by seniority. The recall notice will be sent by certified mail to the last address the ESD has on record for the laid-off employee. A refusal of recall to a position which is comparable in pay and benefits to the position held prior to the layoff shall constitute voluntary termination and such employee shall lose any further right to recall. Comparable shall mean a position that has the same number of hours (plus or minus five (5) hours per week) with the same classification prior to layoff or a classification of higher pay and the same level of benefits previously held. The laid-off employee will have seven (7) calendar days from the date the certified letter was sent to respond to the recall notice. Failure to respond within the seven (7) calendar days will cause the laid-off employee to forfeit all recall rights and will be deemed to be a resignation. The recalled employee will have fourteen (14) calendar days from the date of response to return to ESD employment. 19.6 Laid-off employees will not be paid any salary or benefits during the period of layoff. Notwithstanding, an employee who is laid off or whose hours are reduced below eligibility for benefits may, at his/her own expense, continue insurance coverage, subject to the approval of the insurance carrier(s) and to applicable laws based on COBRA rules and regulations. 19.7 Seniority shall be defined as the total length of service as a classified employee within the ESD from the most recent date of hire as measured from the first date of actual service. Classified employees who are laid off and subsequently recalled shall retain cumulative seniority for all periods worked except for the period of layoff. 19.8 A. Laid off employees with greater ESD seniority (within the definition of seniority in section 19.7 above) may displace less senior employees in the same classification (as listed in Appendix A) outside of their Service Center Area as long as such option is elected by the employee within two (2) workdays of notification of the option. The laid-off employee cannot bump into a position that would increase his or her work hours by more than five (5) hours per week. Laid off employees who choose NOT to bump into a position in another Service Center Area (County) will only be placed on the recall list for the County in which they were laid-off, unless the employee notifies the ESD in writing that they wish to remain on the recall list for all counties.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Recall. 19.1 8.1.1 When a layoff occurs within circumstances create the potential for the elimination or reduction of work and subsequent reduction of bargaining unitunit positions, the Union Employer, Union, and those employees affected the Labor-Management Collaborative (L-MC) will explore options to avoid the layoff of current members.
8.1.2 If the Employer determines that the elimination or reduction of work is unavoidable, the Employer will determine which position(s) will be given eliminated. The Employer will notify the Union in writing of its contemplated action at least thirty one (301) calendar business day prior to contacting affected members to arrange a meeting with them. Within four (4) working days notice following union notification the employer will meet with each member whose position is being eliminated. Members will be allowed Union representation at this meeting if requested. The Employer will also meet with the Union during these four (4) days to discuss the implementation of the process described in advance the remainder of this Article. The employer will give a written notification of layoff to affected members within two (2) working days of this initial meeting with the union. The effective date of the layoff or pay in lieu of notice, except in emergencies. When the event triggering the layoff is an unanticipated decrease in students that the employee works with, the layoff notification will be as close to thirty (30) days as is feasible but the employee will receive no not less than ten (10) 25 working days notice or pay in lieu from the date of notice.
19.2 This Article is invoked by:
A. Reductions or restorations written notification of scheduled work time of twenty-five percent (25%) or more of layoff to the work schedule.
B. Reduction below previous insurance benefit eligibility level due to reduction in hours.
19.3 Layoff of employees shall occur on member. During this 25 day window the basis of seniority (See definition in 19.7). The individual selected for layoff will be a person working in the affected classification (see Appendix A), within the affected area Service Center Area (County), and in a position that has the same number of hours (plus or minus five (5) hours per week) as the position being eliminated. In the event that the ESD requires the retention of a less senior employee in the affected classification, where it has been demonstrated by the ESD the less senior employee has greater qualifications for the retained position/assignment based on the job description and assigned work tasks, the ESD Employer will meet with the Union to review explore possibilities for reassignment that may mitigate the greater qualifications needed layoff. At their option, affected members will have the opportunity to participate in these discussions at applicable points.
8.1.3 The Employer shall maintain and use a master seniority list. The master seniority list shall contain the names of all fulltime employees along with their date of hire, and position title.
8.1.4 When one or more bargaining unit positions are eliminated and members receive layoff notification, the following order of work reduction shall apply:
1. Any temporary or excluded employee referenced in 1.2.3 D doing bargaining unit work will be terminated prior to any action being takenthe layoff of a regular bargaining unit employee provided the Employer determines that the remaining employees have the present ability to perform the work.
19.4 Employees 2. The most senior employee in the position to be reduced who are given notice of requests a reduction of hours as described in 19.2 voluntary layoff shall have the option request granted. The layoff shall extend for the lesser of five (5) years or until the employee is recalled. If recalled and the member declines the recall, the member has voluntarily quit.
3. Probationary bargaining unit employees in the position to decline an involuntary assignment be reduced will be terminated prior to the layoff of a seniority employee.
4. If no employee in the position to be reduced requests a voluntary layoff, and probationary employee(s) have been terminated pursuant to Paragraph 3 above, the employee with the least seniority in the position to be reduced will be the first subject to the layoff process.
5. An affected employee may initiate a bumping procedure as follows: first into a position held by the least senior bargaining unit employee at the same pay classification (level of grade or track), or if such position does not exist, next to a position with less hours held by the least senior bargaining unit employee at a higher pay classification (level of grade or track) and instead elect to be laid-off.
19.5 Whenever the ESD determines that a vacancy exists within a classification, laid- off employees from that classification will be recalled by seniority. The recall notice will be sent by certified mail to the last address the ESD has on record for the laid-off employee. A refusal of recall to a position which is comparable in pay and benefits to the position held prior by the least senior bargaining unit employee in the next lower pay classification. Affected Members will have the opportunity to participate in discussions with the layoff shall constitute voluntary termination employer regarding their status and such employee shall lose qualifications with respect to bumping or reassignment to other work. In any further case, the Employer retains the right to recalldetermine whether the affected employee has the required qualifications for the position and the ability to do the work. Comparable shall mean The Union may appeal administration’s denial to allow an employee to bump into a position that has as a result of layoff starting at Step 3, Written Appeal of the same number of hours Formal Grievance Procedure (plus or minus five (5) hours per week) subsection 6.3.3).
6. This process will continue until such time as the employee with the same classification prior least seniority in the bargaining unit is laid off or the Employer has determined that the laid off employee is not qualified or does not have the ability to layoff or a classification perform the work of higher pay and the same level of benefits previously held. any position held by another employee with less seniority.
8.1.5 The laid-laid off employee will have seven be notified of recall by registered letter to the latest address listed on the employer's records. A copy of such notice will also be mailed to the Union. If said employee fails to notify the employer in writing of acceptance of the recall within ten (710) calendar days from the date the certified letter was sent to respond to return receipt is received by the employer, the recalled employee has voluntarily quit. The next eligible laid off bargaining unit member will be notified of recall as per the above steps. An employee may decline the recall noticeproviding the employer determines another employee on layoff is equally qualified and has the ability to do the work.
8.1.6 When an opening in a bargaining unit position occurs, the laid off employees shall be recalled in inverse order of their layoff, provided the Employer determines that said employee has the qualifications and ability to do the work. Failure to respond within the seven (7) calendar days will cause the laid-off Each employee to forfeit all shall have recall rights and will be deemed to be a resignation. The recalled employee will have fourteen for no more than two (142) calendar days years from the date of response the employee was laid off. If the Employer determines that two or more employees on layoff are equally qualified and have the ability to return to ESD employmentdo the work for the job opening, the most senior employee shall be offered the position first.
19.6 Laid-off employees will not be paid any salary or benefits during the period of layoff. Notwithstanding, an employee who is laid off or whose hours are reduced below eligibility for benefits may, at his/her own expense, continue insurance coverage, subject to the approval of the insurance carrier(s) and to applicable laws based on COBRA rules and regulations.
19.7 Seniority shall be defined as the total length of service as a classified employee within the ESD from the most recent date of hire as measured from the first date of actual service. Classified employees 8.1.7 Employees who are laid off pursuant to subsections 8.1.1 and subsequently recalled shall retain cumulative seniority for all periods worked except for 8.1.2 of Article 8 will receive COBRA insurance benefit coverage at the period Employer's expense after the date of layoff.
19.8 A. Laid off employees with greater ESD seniority (within , for rest of the definition of seniority in section 19.7 above) may displace less senior employees in the same classification (as listed in Appendix A) outside of their Service Center Area as long as such option is elected by the employee within month and for two (2) workdays of notification premium payments after the effective date of the option. The laid-layoff, provided the employee continues to pay their cost share, if any.
8.1.8 Employees recalled from layoff will be paid at the wage rate of the position assigned.
8.1.9 An employee who is a member of this bargaining unit as of the date of ratification of this contract, who becomes laid off employee canand must bump pursuant to the layoff provision of the contract, and who is otherwise considered qualified for a position, will not bump into be considered unqualified solely because (s)he does not have a teaching certificate for a position that would increase his or her work hours by more than five (5) hours per week. Laid off employees who choose NOT to bump into a position in another Service Center Area (County) will only be placed on the recall list for the County in which they were laid-offrequiring such, unless a teaching certificate is mandated by the employee notifies grantor, the ESD in writing that they wish to remain on the recall list for all countiesState of Michigan or other regulatory agency.
Appears in 3 contracts
Samples: Tentative Agreement, Collective Bargaining Agreement, Tentative Agreement
Layoff Recall. 19.1 When a (a) If it becomes necessary to layoff occurs within the bargaining unitpermanent employees, the Union and Employer will provide written notice to those employees affected will who are to be given at least thirty laid off a minimum of two (302) calendar days notice weeks in advance of the layoff layoff, or provide equivalent pay in lieu of notice of layoff. In the event an employee is provided pay in lieu of notice, except the employee shall not have access to the following provisions for the duration of the equivalent period of time paid in emergencieslieu: Vacation, Public Holidays and Sick Leave.
(b) Employees affected by layoff, as per Article 8(a), will be eligible to be placed on recall for a period of eight (8) months from the effective date of layoff. When While on recall, employees shall be given the event triggering the layoff opportunity for recall to vacant comparable positions in accordance with Article 7(b)(i). A comparable position is an unanticipated decrease in students one that the employee works with, is qualified for and is in the layoff notification same classification as the employee occupied at the time of layoff.
(c) All recall notices will be as close sent by courier. Recall notices shall provide at least ten (10) working days written notice. The employee will confirm in writing within five (5) working days of the delivery date of the notice their intent to thirty return to work. The respective notice periods may be waived by mutual agreement.
(30d) If an employee accepts recall to a vacant position, they shall be eligible for:
(i) previously accrued service with the District;
(ii) previously accrued seniority with the District;
(iii) sick leave credits previously earned and retained up to the date of layoff;
(iv) the vacation accrual rate, and service toward the next accrual level, in accordance with what they were earning at the time of layoff;
(v) immediate participation in all group benefit plans previously participating in, including pension, subject to benefit plan rules and regulations.
(e) In the event of the permanent closure of a shop or other operations that would result in loss of employment, those full-time employees affected shall receive a severance payment equivalent to ten (10) days as is feasible but the employee will receive no regular pay for each full or partial year of continuous service, including any previous service recognized under Article (6)(d). This provision does not apply to seasonal or other temporary operations, or staff with less than ten (10) days notice or pay in lieu years of noticeservice.
19.2 This Article is invoked by:
A. Reductions or restorations of scheduled work time of twenty-five percent (25%) or more of the work schedule.
B. Reduction below previous insurance benefit eligibility level due to reduction in hours.
19.3 Layoff of employees shall occur on the basis of seniority (See definition in 19.7). The individual selected for layoff will be a person working in the affected classification (see Appendix A), within the affected area Service Center Area (County), and in a position that has the same number of hours (plus or minus five (5) hours per week) as the position being eliminated. In the event that the ESD requires the retention of a less senior employee in the affected classification, where it has been demonstrated by the ESD the less senior employee has greater qualifications for the retained position/assignment based on the job description and assigned work tasks, the ESD will meet with the Union to review the greater qualifications needed prior to any action being taken.
19.4 Employees who are given notice of a reduction of hours as described in 19.2 shall have the option to decline an involuntary assignment to a position with less hours and instead elect to be laid-off.
19.5 Whenever the ESD determines that a vacancy exists within a classification, laid- off employees from that classification will be recalled by seniority. The recall notice will be sent by certified mail to the last address the ESD has on record for the laid-off employee. A refusal of recall to a position which is comparable in pay and benefits to the position held prior to the layoff shall constitute voluntary termination and such employee shall lose any further right to recall. Comparable shall mean a position that has the same number of hours (plus or minus five (5) hours per week) with the same classification prior to layoff or a classification of higher pay and the same level of benefits previously held. The laid-off employee will have seven (7) calendar days from the date the certified letter was sent to respond to the recall notice. Failure to respond within the seven (7) calendar days will cause the laid-off employee to forfeit all recall rights and will be deemed to be a resignation. The recalled employee will have fourteen (14) calendar days from the date of response to return to ESD employment.
19.6 Laid-off employees will not be paid any salary or benefits during the period of layoff. Notwithstanding, an employee who is laid off or whose hours are reduced below eligibility for benefits may, at his/her own expense, continue insurance coverage, subject to the approval of the insurance carrier(s) and to applicable laws based on COBRA rules and regulations.
19.7 Seniority shall be defined as the total length of service as a classified employee within the ESD from the most recent date of hire as measured from the first date of actual service. Classified employees who are laid off and subsequently recalled shall retain cumulative seniority for all periods worked except for the period of layoff.
19.8 A. Laid off employees with greater ESD seniority (within the definition of seniority in section 19.7 above) may displace less senior employees in the same classification (as listed in Appendix A) outside of their Service Center Area as long as such option is elected by the employee within two (2) workdays of notification of the option. The laid-off employee cannot bump into a position that would increase his or her work hours by more than five (5) hours per week. Laid off employees who choose NOT to bump into a position in another Service Center Area (County) will only be placed on the recall list for the County in which they were laid-off, unless the employee notifies the ESD in writing that they wish to remain on the recall list for all counties.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff Recall. 19.1 When a layoff occurs within the bargaining unit, the Union and those employees affected will be given at least thirty (30) calendar days notice in advance of the layoff or pay in lieu of notice, except in emergencies. When A. In the event triggering the layoff is an unanticipated decrease in students that the employee works withof a layoff, the layoff notification will be as close to thirty (30) days as is feasible but the employee will receive no less than ten (10) days notice or pay in lieu of notice.
19.2 This Article is invoked by:
A. Reductions or restorations of scheduled work time of twenty-five percent (25%) or more of the work schedule.
B. Reduction below previous insurance benefit eligibility level due to reduction in hours.
19.3 Layoff of employees shall occur be laid off on the basis of inverse seniority, provided the employee possesses the demonstrated abilities to perform the duties as required to carry out the mission of the Department. For purposes of administering this Article, seniority (See definition is defined as the length of an employee's continuous service in 19.7)a classification since the last date of hire in that classification.
B. Any bargaining unit employee who is to be laid off who had advanced to his/her present classification from a lower classification within the bargaining unit in which he/she held a regular appointment shall be offered a position in the lower classification. Seniority for the purpose of bumping to the lower classification shall be the aggregate of the bargaining unit employee's seniority in the lower classification and all higher classifications.
C. No new employees shall be hired in a classification until all employees on layoff status in that classification have had an opportunity to return to work. Layoff status shall not extend beyond 24 months. Employees will be called back from layoff in the inverse order of layoff provided the employee possesses the demonstrated abilities to perform the duties as required. Employees must pass classification, appropriate screening and testing as part of the recall process.
D. When recall occurs, the City will notify the employee through registered mail. The individual selected for employee is obligated to keep the City informed of their current address. An employee on layoff will be a person working in the affected classification (see Appendix A), within the affected area Service Center Area (County), and in a position that has the same number of hours (plus status shall accept or minus five (5) hours per week) as the position being eliminated. In the event that the ESD requires the retention of a less senior employee in the affected classification, where it has been demonstrated by the ESD the less senior employee has greater qualifications for the retained position/assignment based on the job description and assigned work tasks, the ESD will meet with the Union to review the greater qualifications needed prior to any action being taken.
19.4 Employees who are given notice of a reduction of hours as described in 19.2 shall have the option to decline an involuntary assignment to a position with less hours and instead elect to be laid-off.
19.5 Whenever the ESD determines that a vacancy exists opening within a classification, laid- off employees from that classification will be recalled by seniority. The recall notice will be sent by certified mail to the last address the ESD has on record for the laid-off employee. A refusal of recall to a position which is comparable in pay and benefits to the position held prior to the layoff shall constitute voluntary termination and such employee shall lose any further right to recall. Comparable shall mean a position that has the same number of hours (plus or minus five (5) hours per week) with the same classification prior to layoff or a classification of higher pay and the same level of benefits previously held. The laid-off employee will have seven (7) calendar days from the date the certified letter was sent to respond to the recall notice. Failure to respond within the seven (7) calendar days will cause the laid-off employee to forfeit all recall rights and will be deemed to be a resignationof notification. The recalled employee will have shall be available to return to work within fourteen (14) calendar days from of notifying the date City of response their intent to return to ESD employment.
19.6 Laid-off employees will not be paid any salary work. An employee's denial or benefits during the period of layoff. Notwithstanding, an employee who is laid off or whose hours are reduced below eligibility for benefits may, at his/her own expense, continue insurance coverage, subject to the approval acceptance of the insurance carrier(s) and to applicable laws based on COBRA rules and regulations.
19.7 Seniority recall shall be defined as conveyed in writing. In the total length of service as a classified event the employee within declines or fails to notify the ESD from the most recent date of hire as measured from the first date of actual service. Classified employees who are laid off and subsequently recalled shall retain cumulative seniority for all periods worked except for the period of layoff.
19.8 A. Laid off employees with greater ESD seniority (within the definition of seniority in section 19.7 above) may displace less senior employees City in the same classification (as listed in Appendix A) outside of their Service Center Area as long as such option is elected by the employee within two (2) workdays of notification of the option. The laid-off employee cannot bump into a position that would increase his or her work hours by more than five (5) hours per week. Laid off employees who choose NOT to bump into a position in another Service Center Area (County) above specified time, all recall rights will only be placed on the recall list for the County in which they were laid-off, unless the employee notifies the ESD in writing that they wish to remain on the recall list for all countieswaived.
Appears in 2 contracts
Samples: Cooperative Agreement, Cooperative Agreement
Layoff Recall. 19.1 When Reduction of Workforce Temporary Generally speaking, a temporary layoff occurs within the bargaining unit, the Union and those employees affected will be given at least thirty (30) calendar days notice in advance of the layoff or pay in lieu of notice, except in emergencies. When the event triggering the layoff is an unanticipated decrease in students that the employee works with, the layoff notification will be as close to thirty (30) days as is feasible but the employee will receive no applies when reductions are less than ten (10) days notice or pay in lieu of notice.
19.2 This Article is invoked by:
A. Reductions or restorations of scheduled work time of twenty-five percent (25%) or more of the work schedule.
B. Reduction below previous insurance benefit eligibility level due to reduction in hours.
19.3 Layoff of employees shall occur on the basis of seniority (See definition in 19.7). The individual selected for layoff will be a person working in the affected classification (see Appendix A), within the affected area Service Center Area (County), and in a position that has the same number of hours (plus or minus five (5) hours per week) as the position being eliminated. In the event that the ESD requires the retention of a less senior employee in the affected classification, where it has been demonstrated by the ESD the less senior employee has greater qualifications for the retained position/assignment based on the job description and assigned work tasks, the ESD will meet with the Union to review the greater qualifications needed prior to any action being taken.
19.4 Employees who are given notice of a reduction of hours as described in 19.2 shall have the option to decline an involuntary assignment to a position with less hours and instead elect to be laid-off.
19.5 Whenever the ESD determines that a vacancy exists within a classification, laid- off employees from that classification will be recalled by seniority. The recall notice will be sent by certified mail to the last address the ESD has on record for the laid-off employee. A refusal of recall to a position which is comparable in pay and benefits to the position held prior to the layoff shall constitute voluntary termination and such employee shall lose any further right to recall. Comparable shall mean a position that has the same number of hours (plus or minus five (5) hours per week) with the same classification prior to layoff or a classification of higher pay and the same level of benefits previously held. The laid-off employee will have seven (7) calendar days from the date the certified letter was sent to respond to the recall notice. Failure to respond within the seven (7) calendar days will cause the laid-off employee to forfeit all recall rights and will be deemed to be a resignation. The recalled employee will have fourteen (14) calendar days from the date of response to return to ESD employment.
19.6 Laid-off employees will not be paid any salary or benefits during the period of layoff. Notwithstanding, an employee who is laid off or whose hours are reduced below eligibility for benefits may, at his/her own expense, continue insurance coverage, subject to the approval of the insurance carrier(s) and to applicable laws based on COBRA rules and regulations.
19.7 Seniority shall be defined as the total length of service as a classified employee within the ESD from the most recent date of hire as measured from the first date of actual service. Classified employees who are laid off and subsequently recalled shall retain cumulative seniority for all periods worked except for the period of layoff.
19.8 A. Laid off employees with greater ESD seniority (within the definition of seniority in section 19.7 above) may displace less senior employees in the same classification (as listed in Appendix A) outside of their Service Center Area as long as such option is elected by the employee within two (2) workdays of notification of the option. The laid-off employee cannot bump into a position that would increase his or her work hours by more than five (5) hours per weekworking days. Laid Layoffs under this section will be by seniority in the classification, vehicle line and within the product zone. The Company will give those associates who are affected by the layoff five (5) days’ notice, providing it is known five (5) days prior to the lay off. Reduction of Workforce Short Term A short layoff applies when reductions within the workforce are five (5) days or but do not exceed (31) days. Layoffs under this section for five (5) days one week will be by seniority in the classification, vehicle line within the product zone. Layoffs exceeding five (5) days one week will be by seniority in the classification, within the product zone. The Company will give those associates who are affected by the layoff five (5) days’ notice, providing it is known five (5) days prior to the lay off. Reduction of Workforce Permanent When the Company determines a reduction in the workforce or a portion of the workforce, associates will be removed from the classifications directly or indirectly affected according to plant seniority (least senior first) and will be placed elsewhere in the plant or laid off according to plant seniority. Associates in non-interchangeable classifications will not be displaced by another associate unless they have previously demonstrated the ability to perform the duties of that classification satisfactorily. However, before this provision results in a more senior associate being laid off, they will be given a ten (10) day period to demonstrate the ability to perform the duties of that classification satisfactorily. Student and/or temporary part time associates will be the first to be removed from the plant followed by probationary associates. This is not intended, however, to allow the displacement of probationary associates in skilled classifications by seniority associates in interchangeable classifications or other unrelated non-interchangeable classifications. The Company will give those associates who are affected by indefinite layoffs five (5) days’ notice, providing it is known (5) days prior to the lay off. An exception to the first paragraph of the permanent lay off section will be the Voluntary Leave procedure that allows seniority associates in the classification of zone directly affected by the layoff to be able to take a Voluntary Leave ahead of the junior associates affected. So far as practical, seniority associates who are interested in the Leave must register in writing with the Human Resource department no later than one week prior to the layoff. Associates who have been out of the plant on Voluntary Leave for sixty (60) days or more may elect to return, seniority The order of return will be first to their home classification. Associates wishing to return Voluntary Leave, must advise the Human Resources department in writing at least one week in advance. Under no circumstances will any Associate be terminated under the Loss of section of this agreement while on Voluntary Leave status except as provided for in the Recall from Layoff Voluntary Leave section. Associates will be recalled to available work using the same principle as above. Associates who are recalled having been on Layoff for ten (10) consecutive work days may refuse the recall if they are working as a full- time associate for another company or are attending school on a full-time basis and can document such in writing within three days of the date they are to return to work for Xxxxxxx Controls. No associate have the right to more than one such refusal. Furthermore, employees who choose NOT refusing a recall because they are working as a full-time associate for another Company or are attending school on a full-time basis, will be allowed the right to bump into a position in another Service Center Area (County) will only to be placed on the recall list for the County in which they were laid-off, unless the employee notifies the ESD in writing that they wish to remain on bottom of the recall list for all counties.a period not to exceed eight
Appears in 1 contract
Samples: Collective Agreement
Layoff Recall. 19.1 When a layoff occurs within the bargaining unit, the Union and those employees affected will be given at least thirty (30) calendar days notice in advance of the layoff or pay in lieu of notice, except in emergencies. When the event triggering the layoff is an unanticipated decrease in students that the employee works with, the layoff notification will be as close to thirty (30) days as is feasible but the employee will receive no less than ten (10) days notice or pay in lieu of notice.
19.2 This Article is invoked by:
A. Reductions or restorations of scheduled work time of twenty-five percent (25%) or more of the work schedule.
B. Reduction below previous insurance benefit eligibility level due to reduction in hours.
19.3 Layoff of employees shall occur on the basis of seniority (See definition in 19.7). The individual selected for layoff will be a person working in the affected classification (see Appendix A), within the affected area Service Center Area (County), and in a position that has the same number of hours (plus or minus five (5) hours per week) as the position being eliminated. In the event that the ESD requires the retention of a less senior employee in the affected classification, where it has been demonstrated by the ESD the less senior employee has greater qualifications for the retained position/assignment based on the job description and assigned work tasks, the ESD will meet with the Union to review the greater qualifications needed prior to any action being taken.
19.4 Employees who are given notice of a reduction of hours as described in 19.2 shall have the option to decline an involuntary assignment to a position with less hours and instead elect to be laid-off.
19.5 Whenever the ESD determines that a vacancy exists within a classification, laid- off employees from that classification will be recalled by seniority. The recall notice will be sent by certified mail to the last address the ESD has on record for the laid-off employee. A refusal of recall to a position which is comparable in pay and benefits to the position held prior to the layoff shall constitute voluntary termination and such employee shall lose any further right to recall. Comparable shall mean a position that has the same number of hours (plus or minus five (5) hours per week) with the same classification prior to layoff or a classification of higher pay and the same level of benefits previously held. The laid-off employee will have seven (7) calendar days from the date the certified letter was sent to respond to the recall notice. Failure to respond within the seven (7) calendar days will cause the laid-off employee to forfeit all recall rights and will be deemed to be a resignation. The recalled employee will have fourteen (14) calendar days from the date of response to return to ESD employment.
19.6 Laid-off employees will not be paid any salary or benefits during the period of layoff. Notwithstanding, an employee who is laid off or whose hours are reduced below eligibility for benefits may, at his/her own expense, continue insurance coverage, subject to the approval of the insurance carrier(s) and to applicable laws based on COBRA rules and regulations.
19.7 Seniority shall be defined as the total length of service as a classified employee within the ESD from the most recent date of hire as measured from the first date of actual service. Classified employees who are laid off and subsequently recalled shall retain cumulative seniority for all periods worked except for the period of layoff.
19.8 A. Laid off employees with greater ESD seniority (within the definition of seniority in section 19.7 above) may displace less senior employees in the same classification (as listed in Appendix A) outside of their Service Center Area as long as such option is elected by the employee within two (2) workdays of notification of the option. The laid-off employee cannot bump into a position that would increase his or her work hours by more than five (5) hours per week. Laid off employees who choose NOT to bump into a position in another Service Center Area (County) will only be placed on the recall list for the County in which they were laid-off, unless the employee notifies the ESD in writing that they wish to remain on the recall list for all counties.
X. Xxxx-off employees who previously worked in a different classification (as listed in Appendix A) for the ESD, may “bump” an employee in the other classification as long as the following conditions are met:
1. The laid-off employee has greater ESD seniority than the person to be “bumped”;
2. The laid-off employee had completed the probationary period and had at least satisfactory evaluations in his/her current position and in the position he/she is attempting to bump into;
3. The person being bumped is within the laid off employee’s Service Center Area (County);
4. The laid-off employee elects to bump within two (2) workdays of being informed of the layoff;
5. The laid-off employee does not increase his or her work hours by more than five (5) hours per week by bumping;
6. An employee who bumps back to a previously held classification shall serve a 30 calendar day transition period, followed by a new sixty (60) calendar day probationary period and if unsuccessful in the position after bumping may be laid-off without a showing of cause during the 60 day period. In case of such a layoff, the employee’s rights shall be the same as if the employee had never elected to bump into the previously held position.
C. Employees exercising bumping rights (19.8) shall be placed on the same step they were on before the move if remaining in the same classification; or to the step closest to their previous hourly wage if moving to a different classification.
19.9 Recall rights shall exist for twenty-seven (27) months from the date of layoff. Any laid off employee not recalled according to this procedure within the 27- months will be deemed to have been separated in good standing.
19.10 If no laid-off employee has responded to the recall by classification, or if no further laid-off employees exist from the classification, all other laid-off employees may apply for the regular vacancy. Such application shall not prejudice the employee’s rights to recall in his/her own classification.
19.11 All benefits to which an employee was entitled at the time of layoff, including unused accumulated sick leave, will be restored to the employee upon the return to active employment, provided those benefits are still in effect.
Appears in 1 contract
Samples: Collective Bargaining Agreement
