Common use of Layoff Recall Clause in Contracts

Layoff Recall. Section 1 - Layoff When a reduction in the bargaining unit working force is necessary, bargaining unit members shall be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: (a) Probationary bargaining unit members in the classification of the layoff will be laid off first. (b) When additional layoffs in the classification are necessary the bargaining unit member with the least seniority in such classification will be the first laid off. (c) Bargaining unit members who would otherwise be laid off pursuant to paragraph (b) above may request that they be retained in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within the same seniority grouping, they may elect to bump the least senior employee in such seniority grouping who is in one of such equal or lower paid classifications. For example, if the least senior aide in the Instructional Aide Seniority Grouping is in the Classroom Aide classification, a more senior aide in the Chapter I Aide classification who would otherwise be laid off may elect to bump such least senior Chapter I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within three

Layoff Recall. Section 1 - Layoff 1. When the City determines that a reduction layoff is necessary within any department, the department head shall determine which positions in the bargaining unit working force is necessary, bargaining unit members shall department are to be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: (a) Probationary bargaining unit members in eliminated and the classification of employees within the layoff department will be laid off firstby classification in inverse order of seniority as designated below. Section 2. Employees affected by layoff who have the requisite seniority, skill, and ability shall bump laterally or downward under the following conditions: A. The affected employee must have the requisite skill and ability to perform the work available. Determination of the ability to perform the work available shall be made by the Director of Human Resources. An employee shall have the right to grieve such determination. B. Employees will not have placement rights to positions higher than their regularly assigned classification’s pay range. Section 3. Bumping and layoff procedures shall be in the following manner: A. When an employee is affected by layoff, the employee shall bump laterally or downward into the next lower classification covered by this Agreement within the classification series within the department, provided the employee has more Departmental Seniority than the employee with the least Departmental Seniority in that classification. If such a bump is not available, the employee shall bump into any other lower classification covered by this Agreement in the same classification series within the department using the same procedure. B. If the affected employee, due to lack of seniority or ability to perform the work, is unable under Section 3 (bA) above to bump into a lateral or lower classification, the employee shall bump laterally or downward into any classification previously held in the department covered by this Agreement using the seniority procedure specified in (A) above. If such a bump is not available, the employee shall bump into any lower level classification covered by this Agreement in the department and classification series of the position previously held using the same procedure. C. If the affected employee is unable under Section 3 (A) and (B) above to bump into a position, he/she shall be assigned to any Bargaining Unit position vacancy which is the same or less than the employee's regularly assigned classification pay range. When additional layoffs there are no remaining authorized vacancies, any remaining displaced employee shall replace the employee with the least City Seniority then working in any Bargaining Unit position which is the same or less than the employee's regularly assigned classification pay range. The replacing employees shall be paid in accordance with the provisions of Sections 5.1 and 5.2. D. A displaced employee shall be assigned to a vacant position in the classification are necessary before bumping an incumbent employee from that classification. If the bargaining unit member with employee declines to accept the least seniority in such classification assignment, the employee shall be immediately placed on layoff. E. Employees exercising bumping privileges shall be given up to twenty (20) working days to prove their ability to perform the work available. In the event an employee is unable to perform the work available, the employee will be the first laid off. F. If an employee is displaced into a position in a classification or classification series which he/she has not previously held, he/she must successfully complete the probationary period for that classification. Section 4. An employee shall be given fourteen (c14) Bargaining unit members who would otherwise calendar days notice of layoff. A copy of such notice shall be laid off pursuant forwarded to paragraph the Union's official address. The seniority of an employee on layoff shall be frozen as of the date of layoff and shall begin again on the date the employee returns to work. Section 5.1 When, as a result of a reduction of force as provided in Section 2, an employee is assigned to a position within the "home" department with a lower pay range, the employee's rate of pay shall be maintained without reduction for thirteen (b13) above may request that they pay periods. Thereafter, the employee shall be retained paid the appropriate rate of pay which is closest to his/her present rate of pay. However, if such employee has eight (8) or more years of service as of the date of reassignment in the employee's "home" department and the employee's current rate of pay is higher than the maximum of the range for the position to which assigned, the employee's current rate of pay shall be maintained for twenty-six (26) pay periods. Thereafter, the employee shall be placed at the maximum of the appropriate pay range. Section 5.2 A displaced employee assigned to a position in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower department shall be paid classification within the same seniority grouping, they may elect to bump the least senior employee in such seniority grouping who is in one of such equal or lower paid classifications. For example, if the least senior aide in the Instructional Aide Seniority Grouping appropriate pay range at the rate of pay which is in the Classroom Aide classification, a more senior aide in the Chapter I Aide classification who would otherwise be laid off may elect closest to bump such least senior Chapter I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside his/her present rate of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within threepay.

Layoff Recall. Section 1 - Layoff 1. When the City determines that a reduction layoff is necessary within any department, the department head shall determine which positions in the bargaining unit working force is necessary, bargaining unit members shall department are to be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: (a) Probationary bargaining unit members in eliminated and the classification of employees within the layoff department will be laid off firstby classification in inverse order of seniority as designated below. Section 2. Employees affected by layoff who have the requisite seniority, skill, and ability shall bump laterally or downward under the following conditions: A. The affected employee must have the requisite skill and ability to perform the work available. Determination of the ability to perform the work available shall be made by the Director of Human Resources. An employee shall have the right to grieve such determination. B. Employees in non-exam positions will have placement rights only to non-exam positions. Employees in exam positions will have placement rights to exam and non-exam positions, in accordance with the classification series referenced in Appendix I. C. Employees will not have placement rights to positions higher than their regularly assigned classification’s pay range. Section 3. Bumping and layoff procedures shall be in the following manner: A. When an employee is affected by layoff, the employee shall bump laterally or downward into the next lower classification covered by this Agreement within the classification series within the department, provided the employee has more Departmental Seniority than the employee with the least Departmental Seniority in that classification. If such a bump is not available, the employee shall bump into any other lower classification covered by this Agreement in the same classification series within the department using the same procedure. B. If the affected employee, due to lack of seniority or ability to perform the work, is unable under Section 3 (bA) above to bump into a lateral or lower classification, the employee shall bump laterally or downward into any classification previously held in the department covered by this Agreement using the seniority procedure specified in (A) above. If such a bump is not available, the employee shall bump into any lower level classification covered by this Agreement in the department and classification series of the position previously held using the same procedure. C. If the affected employee is unable under Section 3 (A) and (B) above to bump into a position, he/she shall be assigned to any Bargaining Unit position vacancy which is the same or less than the employee's regularly assigned classification pay range. When additional layoffs there are no remaining authorized vacancies, any remaining displaced employee shall replace the employee with the least City Seniority then working in any Bargaining Unit position which is the same or less than the employee's regularly assigned classification pay range. The replacing employees shall be paid in accordance with the provisions of Sections 5.1 and 5.2. D. A displaced employee shall be assigned to a vacant position in the classification are necessary before bumping an incumbent employee from that classification. If the bargaining unit member with employee declines to accept the least seniority in such classification assignment, the employee shall be immediately placed on layoff. E. Employees exercising bumping privileges shall be given up to twenty (20) working days to prove their ability to perform the work available. In the event an employee is unable to perform the work available, the employee will be the first laid off. F. If an employee is displaced into a position in a classification or classification series which he/she has not previously held, he/she must successfully complete the probationary period for that classification. Section 4. An employee shall be given fourteen (c14) Bargaining unit members who would otherwise calendar days notice of layoff. A copy of such notice shall be laid off pursuant forwarded to paragraph the Union's official address. The seniority of an employee on layoff shall be frozen as of the date of layoff and shall begin again on the date the employee returns to work. Section 5.1 When, as a result of a reduction of force as provided in Section 2, an employee is assigned to a position within the "home" department with a lower pay range, the employee's rate of pay shall be maintained without reduction for thirteen (b13) above may request that they pay periods. Thereafter, the employee shall be retained paid the appropriate rate of pay which is closest to his/her present rate of pay. However, if such employee has eight (8) or more years of service as of the date of reassignment in the employee's "home" department and the employee's current rate of pay is higher than the maximum of the range for the position to which assigned, the employee's current rate of pay shall be maintained for twenty-six (26) pay periods. Thereafter, the employee shall be placed at the maximum of the appropriate pay range. Section 5.2 A displaced employee assigned to a position in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower department shall be paid classification within the same seniority grouping, they may elect to bump the least senior employee in such seniority grouping who is in one of such equal or lower paid classifications. For example, if the least senior aide in the Instructional Aide Seniority Grouping appropriate pay range at the rate of pay which is in the Classroom Aide classification, a more senior aide in the Chapter I Aide classification who would otherwise be laid off may elect closest to bump such least senior Chapter I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside his/her present rate of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within threepay.

Layoff Recall. Section 1 - Layoff When A. Lay-offs Shall Be Made On A Division-by-Division Basis: A layoff is a reduction in temporary or indefinite termination of employment resulting from the elimination of all of a bargaining unit working force is necessary, bargaining unit members position(s) in a Division. Employees who have their seniority placed in abeyance do not have the right to bump. 1. Employees within a Division will be laid off based on seniority. Temporary employees shall be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: first. Probationary Employees with seventy (a70) Probationary bargaining unit members in the classification days of the layoff probation or less will be laid off first. second. Next, Employees who have their seniority in abeyance will be laid off followed by probationary Employees with more than seventy (b70) When additional layoffs days of probationary service completed. All other Employees within a Division shall be laid off in the classification are necessary inverse order of their seniority 2. Employees who receive a layoff notice shall have the bargaining unit member opportunity within five (5) working days to bump the Employee with the least seniority in such classification will be the first laid offsame classification, providedthe employee has the ability and qualifications to perform the work. The Employer shall determine if the Employee is qualified. (c) Bargaining unit members who would otherwise be laid off pursuant to paragraph (b) above may request that they be retained in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within the same seniority grouping, they may elect to bump 3. Once the least senior employee Employee within a classification has been bumped, bumping rights may be exercised over the lowest senior Employee in such the next lower classification, i.e. extra duty fireman to fireman. If the lowest senior Employee has more seniority grouping who is in one of such equal than the Employee being displaced or lower paid classifications. For examplebumped from the higher classification, if bumping rights may be exercised over the least senior aide Employee in the Instructional Aide Seniority Grouping is in the Classroom Aide classification, a more senior aide in the Chapter I Aide next lower classification who would otherwise be laid off may elect to bump such least senior Chapter I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within threeany.

Layoff Recall. Section 1 - 12.1 When circumstances arise that may result in restructuring of programs giving rise to possible Layoffs, the parties will meet to negotiate possible solutions to avoid Layoffs, all other viable alternatives will be undertaken before Layoffs are implemented. 12.2 In the event of Xxxxxx, the Employer will first solicit voluntary Layoffs from among the job classifications affected. If voluntary Layoffs are not feasible, notice of Layoffs will be given in reverse order of seniority within the Program Location’s job classification affected. 12.3 When an Employee has received Layoff When a reduction notice she will have the option to: a) be placed in the bargaining unit working force is necessary, bargaining unit members shall be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: (a) Probationary bargaining unit members same or higher classification for any vacant position in the classification of Association for which she possess the layoff required qualifications and ability to perform the work. If two (2) or more people have relatively equivalent qualifications and ability to perform the work, then seniority will be laid off first.apply or (b) When additional layoffs in the classification are necessary the bargaining unit member displace an Employee with the least less seniority in such classification will be the first laid off. (c) Bargaining unit members who would otherwise be laid off pursuant to paragraph (b) above may request that they be retained in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within position in the same seniority groupingAssociation for which she has the required qualifications and ability to perform the work, they may elect to bump the least senior employee or c) accept a temporary placement in such seniority grouping who is in one a position of such equal or lower paid classifications. For example, if the least senior aide classification position in the Instructional Aide Seniority Grouping is Association for which she has the required qualifications and ability to perform the work; or d) if full-time, accept placement in a vacant Regular Part Time position of equal or lower classification position in the Classroom Aide classificationAssociation for which she has the required qualifications and ability to perform the work. 12.4 In the event an Employee does not access their rights under 12.2 or 12.3, requirements for Layoff Notice will be given in accordance with the Employment Standards Act, but in no case shall less than one (1) month’s notice be given. 12.5 When a Full Time Employee who has received Layoff Notice is placed in a temporary or Part Time position, she will be considered for Full Time vacancies in priority to all other Employees. If more senior aide than one Employee is affected the order of placement will be according to seniority. 12.6 The names of Employees who are laid off will be placed on a recall list for a period of 24 months, and when vacancies occur for which they possess the qualifications will be recalled in order of seniority. A recalled Employee who does not report for work on the specified day and time without providing the Employer with a satisfactory explanation will be deemed to be no longer an Employee or a member of the Bargaining Unit in accordance with Article 11.4 (d) and will not be subject to further recall. 12.7 Leave with pay credits, including vacation, sick leave with pay; discretionary and floating holidays do not accrue during the lay off period. 12.8 It is the sole responsibility of each laid-off Employee to notify the Association and Union promptly in writing of any changes in address. If an Employee fails to do this, neither the Association nor the Union will be responsible for failure of a notice to reach such Employee. 12.9 Permanent Employees who are laid off indefinitely, voluntarily or otherwise will receive Severance Pay if they have been in the Chapter I Aide classification who would otherwise employ of the Employer for at least five (5) consecutive years without a break exceeding 30 days. Severance Pay will be laid off may elect equal to bump such least senior Chapter I Aide. If one (1) week pro-rated non-overtime pay multiplied by the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification number of years of employment to a maximum of twenty-six (within or outside of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within three26) weeks’ pay.

Layoff Recall. Section 1 - Layoff When a reduction in the bargaining unit working force is necessary, bargaining unit members shall be laid off as follows so long as those remaining have sufficient qualifications to efficiently perform all work required: (a) Probationary bargaining unit members in the classification of the layoff will be laid off first. (b) When additional layoffs in the classification are necessary the bargaining unit member with the least seniority in such classification will be the first laid off. (c) Bargaining unit members who would otherwise be laid off pursuant to paragraph (b) above may request that they be retained in another classification as follows: Should such bargaining unit member have greater seniority than another employee in an equal or lower paid classification within the same seniority grouping, they may elect to bump the least senior employee in such seniority grouping who is in one of such equal or lower paid classifications. For example, if the least senior aide in the Instructional Aide Seniority Grouping is in the Classroom Aide classification, a more senior aide in the Chapter Title I Aide classification who would otherwise be laid off may elect to bump such least senior Chapter Title I Aide. If the employee cannot bump the least senior employee within the same seniority grouping, but has sufficient seniority in another classification (within or outside of their seniority grouping), they may elect to bump the least senior employee in such other classification in which they hold greater seniority. For example, an aide in the Instructional Aide Seniority Grouping who had previously acquired seniority in the Playground/Lunchroom Aide classification could, if they were more senior, elect to bump the least senior Playground/Lunchroom Aide. Bargaining unit members making such request must do so, in writing, within three