Common use of LAYOFF/REDUCTION IN FORCE Clause in Contracts

LAYOFF/REDUCTION IN FORCE. 9.1 The Sheriff reserves the right to layoff bargaining unit employees for lack of work, lack of funds, or for any other reason necessary for the operation of the Sheriff’s Office as determined solely by the Sheriff. In the event of personnel reductions, bargaining unit employees shall be laid off in the inverse order of their hire date seniority. Bargaining unit employees may not be bumped or displaced by non- bargaining unit employees. 9.2 When a position is identified as being eliminated, the bargaining unit employee may then bump the bargaining unit employee within the same job classification with the least hire date seniority. If more than one bargaining unit employee is being eliminated, the bargaining unit employee with the most hire date seniority selects first from the identified least hire date seniority positions. 9.3 Bumping will be allowed into a lower classification within the supervisory unit that is part of a job classification series as defined by the Bureau of Human Resources, for all IUPA Supervisory bargaining unit employees when the position is either vacant or held by an newly hired employee in his/her probationary period See job classification series for bumping in Appendix B. Appendix B is subject to change at the discretion of the Bureau of Human Resources should job classifications be eliminated, created or modified. 9.4 Upon reverting to a lower classification, a bargaining unit employee shall retain his/her seniority based on his/her hire date. Upon reverting to a lower classification, a bargaining unit employee’s (TICD) shall be determined by the date of their permanent appointment to that job classification. The affected bargaining unit employees new anniversary date becomes the date assigned to the new classification. 9.5 Bargaining unit employees subject to layoff may apply for consideration for vacant positions in which the minimum qualifications are met, as determined by the Bureau of Human Resources. 9.6 Bargaining unit employees have the ability to revert into a IUPA job classification if the bargaining unit employee previously held that job classification within the previous 24 months, provided that they meet current qualifications based upon hire date seniority. Should bargaining unit employees be notified of layoff, vacancies will not be filled without consideration given to the bargaining unit employees who express interest in the vacancy by submitting an application for the posted position. The BSO shall prepare a list of all available posted positions within the Sheriff’s Office and will provide said list to the bargaining unit employee at the same time they are notified of the layoff.

LAYOFF/REDUCTION IN FORCE. 9.1 The Sheriff reserves (a) Prior to the right to layoff bargaining unit employees of any regular employee for lack of work, lack of fundsreorganization, or purposes of economy, if such employee cannot be readily accommodated by transfer or reclassification to an open position for which they are qualified, then the order of layoff shall commence with all employees within the following positions to be furloughed, subject to recall as funding permits: 1. Seasonal employees. 2. Contract, extra-help employees. 3. Any regular employee identified for layoff may claim unilateral seniority over any other reason necessary probationary employee in the same classification. 4. Any full-time regular employee identified for layoff may claim unilateral seniority over any part-time regular employee in the operation same classification. (b) If none of the Sheriff’s Office above order of layoff is applicable, regular employees will be laid off according to seniority within a department in accordance with the following: 1. Seniority within the affected classification will be determinative, except as determined solely noted. 2. A regular employee designated to be laid off may bump into a lower classification for which they are qualified. 3. The length of service in a series of regular classifications within a department shall be counted toward establishing seniority in the employee's present classification. 4. Prior time with the Authority for an employee who has a break in service, or who has transferred to another department shall not be counted in determining seniority within classification in the department except when all other factors have been considered and the seniority dates are equal, then previous agency service shall be counted in determining seniority. 5. If all of the above are equal and two or more employees have identical seniority, then previous agency service shall be counted in determining seniority. 6. A regular employee who voluntarily demotes or transfers pursuant to "bumping" criteria above shall, in the order of seniority, retain the right to fill the first vacancy in the classification from which they demoted or transferred, for a period of twenty-four (24) months from the date of demotion or transfer. The salary step of an employee that returns to the classification from which he or she demoted or transferred shall be the same as the salary step that the employee earned immediately prior to the demotion or transfer. 7. Notwithstanding any of the foregoing, if the Executive Director determines that the public interest will not be served by the Sheriffabove criteria, the Executive Director may depart therefrom on the basis of a clearly demonstrable superiority in performance or qualifications. In such case, the Executive Director shall notify the employee to be laid off and such employee shall have the right to a formal grievance hearing with (and limited to) the Executive Director (Step 3) per Section 3 of Article 8, of the formal grievance procedure. Written notice of layoff shall be served on affected employees in person or by certified mail at least 30 calendar days prior to the date of action. If notice is served on affected employees by certified mail, said notice shall be deemed effective upon issuance of the registry receipt. In the event an employee elects to transfer or demote in lieu of personnel reductionslayoff pursuant to the preceding parts of this Section, bargaining unit employees the affected employee must notify the Executive Director within seven (7) working days of their receipt of their layoff notice. (c) Any employee who involuntarily transfers or demotes to another job classification as specified in this Section, shall have their salary adjusted as follows: The assigned salary shall be laid off either: 1) the step within the new salary range which is closest to the employee's current salary, or 2) if the current salary exceeds the new salary range, a 'Y'-rate shall be established at 90% of the employee's current salary step which shall not subsequently increase during continuous regular service until the maximum of the new salary range exceeds the 'Y'-rated base salary of the employee at the time of transfer or demotion. Longevity increases shall be in addition to the new base salary calculations above. Employees "bumped" pursuant to this Section are subject to and shall have the same rights with respect to less senior employees as set forth in this Section. When deemed necessary and directed by the Board of Commissioners, a reduction in the inverse order Authority work force may be initiated due to: (a) lack of their hire date seniority. Bargaining unit employees may not be bumped work; (b) lack of funds; or displaced by non- bargaining unit (c) program or organizational changes resulting in a surplus of employees. 9.2 When a position is identified as being eliminated, the bargaining unit employee may then bump the bargaining unit employee within the same job classification with the least hire date seniority. If more than one bargaining unit employee is being eliminated, the bargaining unit employee with the most hire date seniority selects first from the identified least hire date seniority positions. 9.3 Bumping will be allowed into a lower classification within the supervisory unit that is part or elimination of a job classification series specific program or services. Insofar as defined by the Bureau of Human Resources, for all IUPA Supervisory bargaining unit employees when the position is either vacant or held by an newly hired employee in his/her probationary period See job classification series for bumping in Appendix B. Appendix B is subject to change at the discretion of the Bureau of Human Resources should job classifications be eliminated, created or modified. 9.4 Upon reverting to a lower classificationpossible, a bargaining unit employee shall retain his/her seniority based on his/her hire date. Upon reverting to a lower classification, a bargaining unit employee’s (TICD) reduction in force shall be accomplished by attrition. When it is determined by the date Commissioners that attrition will not provide sufficient relief for the condition warranting a reduction in the number of their permanent appointment employees, the Board may direct a specific layoff by department(s). For the purposes of this MOU, a department is defined as an employee grouping under the authority of a single department director. A listing of department units can be found in Article 11, Section 2, "Seniority". Employee layoffs resulting from a reduction in force shall be in accordance with previous criteria of this Section. Upon a determination by the Authority that one or more regular employees are to be laid off, the Authority shall provide written notice of that job classification. The affected bargaining unit employees new anniversary date becomes the date assigned determination to the new classificationUnion. 9.5 Bargaining unit employees subject to layoff may apply for consideration for vacant positions in which the minimum qualifications are met, as determined by the Bureau of Human Resources. 9.6 Bargaining unit employees have the ability to revert into a IUPA job classification if the bargaining unit employee previously held that job classification within the previous 24 months, provided that they meet current qualifications based upon hire date seniority. Should bargaining unit employees be notified of layoff, vacancies will not be filled without consideration given to the bargaining unit employees who express interest in the vacancy by submitting an application for the posted position. The BSO shall prepare a list of all available posted positions within the Sheriff’s Office and will provide said list to the bargaining unit employee at the same time they are notified of the layoff.

LAYOFF/REDUCTION IN FORCE. 9.1 The Sheriff reserves the right to layoff bargaining unit employees for lack of work, lack of funds, or for any other reason necessary for the operation of the Sheriff’s Office as determined solely by the Sheriff. In the event of personnel reductions, bargaining unit employees shall be laid off in the inverse order of their hire date seniority. Bargaining unit employees may not be bumped or displaced by non- bargaining unit employees. 9.2 When a position is identified as being eliminated, the bargaining unit employee may then bump the bargaining unit employee within the same job classification with the least hire date seniority. If more than one bargaining unit employee is being eliminated, the bargaining unit employee with the most hire date seniority selects first from the identified least hire date seniority positions. 9.3 Bumping will be allowed into a lower classification within the supervisory unit that is part of a job classification series as defined by the Bureau of Human Resources, for all IUPA Supervisory bargaining unit employees when the position is either vacant or held by an newly hired employee in his/her probationary period See job classification series for bumping in Appendix B. Appendix B is subject to change at the discretion of the Bureau of Human Resources should job classifications be eliminated, created or modified. 9.4 Upon reverting to a lower classification, a bargaining unit employee shall retain his/her seniority based on his/her hire date. Upon reverting to a lower classification, a bargaining unit employee’s (TICD) shall be determined by the date of their permanent appointment to that job classification. The affected bargaining unit employees employee’s new anniversary date becomes the date assigned to the new classification. 9.5 Bargaining unit employees subject to layoff may apply for consideration for vacant positions in which the minimum qualifications are met, as determined by the Bureau of Human Resources. 9.6 Bargaining unit employees have the ability to revert into a IUPA job classification if the bargaining unit employee previously held that job classification within the previous 24 months, provided that they meet current qualifications based upon hire date seniority. Should bargaining unit employees be notified of layoff, vacancies will not be filled without consideration given to the bargaining unit employees who express interest in the vacancy by submitting an application for the posted position. The BSO shall prepare a list of all available posted positions within the Sheriff’s Office and will provide said list to the bargaining unit employee at the same time they are notified of the layoff.