Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by seniority. Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service: (a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service. (b) Any leave set forth in Section 7.9. (c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted. (d) Any leave set forth in Section 7.11. (e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement. 15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first. 15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification. 15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped first. 15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit 1. Layoff of employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by senioritylength of Civil Service with the City using the present date of hire except as otherwise provided in this Article.
2. Seniority Except as outlined below in Section D-4, layoffs should be affected within departments and general displacement of employees across departmental lines shall not be permitted.
3. An employee with unique skills or body of knowledge for the performance of his or her duties as determined by the department manager with the concurrence of the City Manager, may be retained out of his or her seniority with the City as long as such employee has a minimum of two (2) years total employment. There shall be defined a limit of ten (10) employees, citywide, who may be designated under this paragraph during any given layoff. Standards for defining retention of such employees shall be limited to:
A. Special schooling provided or required by the City for an employee following his or her initial employment to fill a unique position or meet a specific program need where the schooling lasts for six (6) months or longer.
B. Special experience provided or required by the City for a unique position or special program need where the experience requires at least one (1) year of training on the job.
C. Possession of a unique craft, artistic endeavor or professional level skill not available in other City employees.
4. An employee who has been previously appointed to provisional status in a higher classification at time of layoff considerations shall revert back to his or her permanent classification for purposes of determining his or her layoff.
5. An employee in a probationary status as a result of a promotion within the length of service which Civil Service System cannot displace a permanent classified employee has in the same classification at time of layoff.
6. An employee may voluntarily request layoff in lieu of reassignment should his or her seniority be sufficient to be retained on the payroll.
7. An employee on layoff shall be recalled to his or her previous classification based on the minimum qualification requirements that existed at the time of his or her layoff.
8. An exempt employee shall have no rights relative to layoff or reassignment except the employee who at some time, during the same period of employment, served in a classification plus higher classes. Length position under the Civil Service System and shall have the right to return to the System under the provisions of service for purposes of this article shall begin on B.M.C. 2-70, provided time spent in the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day exempt position shall not be subtractedaccrued toward Civil Service seniority.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension9. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, Part-time employees shall be laid off in reverse order of seniority within the affected classificationconsidered to layoff only with other part-time employees and may not be retained by displacing full-time employees.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped first.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 5 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Layoff. 15.1.1 Bargaining unit employees A. The Employer shall be subject to layoff for lack of work and/or lack of fundsdetermine whether layoffs are necessary and in which classification layoffs will occur. Whenever a bargaining unit employee is laid off, the The order of layoff within the classification shall will be determined by seniority. Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10total, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of uninterrupted service in the Sheriff’s Office.
B. Layoffs of bargaining unit employees will be by classification. All temporary, intermittent, seasonal and part-time employees in the classification plus higher classes shall will be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, before full-time employees. Full-time employees shall be laid off within each classification in reverse the inverse order of seniority, beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off; however, in a classification where the job duties vary and skills necessary to complete the various job duties are different, employees may be laid off in accordance with their seniority within and their ability to perform the affected remaining work available in the classification.
15.1.4 C. An employee may displace a less senior employee in a classification previously held (or he may fill a vacancy).
D. A bargaining unit employee laid off from her/his present Law Enforcement Division Deputy, or an employee in another classification maywith previous experience in the Greene County Jail, may displace an employee in order to avoid layoffthe Jail Deputy classification, bump into an equal including Corrections Officers, with less classification seniority (or he may fill a vacancy) during the next lowest classification in which period that the displaced Law Enforcement Division Deputy is eligible for recall, provided he successfully completes field training for the position and/or completes training for and secures necessary certification for the position. The Employer shall reinstate the employee has actually served based on pursuant to the employee’s senioritynotification time limits in this Article. In order to bump another employee A Jail Deputy may displace a less senior Corrections Officer (or he may fill a vacancy) during the period that the displaced Jail Deputy is eligible for recall. It is understood that displacement includes displacement by employees from other ranks in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority other bargaining units in the classification in which an employee is bumping into shall be bumped firstSheriff’s Office.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 4 contracts
Samples: Supervisors Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees A. The Employer shall be subject to layoff for lack of work and/or lack of fundsdetermine whether layoffs are necessary and in which classification layoffs will occur. Whenever a bargaining unit employee is laid off, the The order of layoff within the classification shall will be determined by seniority. Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10total, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of uninterrupted service in the Sheriff’s Office.
B. Layoffs of bargaining unit employees will be by classification. All temporary, intermittent, seasonal and part-time employees in the classification plus higher classes shall will be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, before full-time employees. Full-time employees shall be laid off within each classification in reverse the inverse order of seniority, beginning with the least senior and progressing to the most senior up to the number of employees that are to be laid off; however, in a classification where the job duties vary and skills necessary to complete the various job duties are different, employees may be laid off in accordance with their seniority within and their ability to perform the affected remaining work available in the classification.
15.1.4 C. An employee may displace a less senior employee in a classification previously held (or he may fill a vacancy).
D. A bargaining unit employee laid off from her/his present Law Enforcement Division Deputy, or an employee in another classification maywith previous experience in the Xxxxxx County Jail, may displace an employee in order to avoid layoffthe Jail Deputy classification, bump into an equal including Corrections Officers, with less classification seniority (or he may fill a vacancy) during the next lowest classification in which period that the displaced Law Enforcement Division Deputy is eligible for recall, provided he successfully completes field training for the position and/or completes training for and secures necessary certification for the position. The Employer shall reinstate the employee has actually served based on pursuant to the employee’s senioritynotification time limits in this Article. In order to bump another employee A Jail Deputy may displace a less senior Corrections Officer (or he may fill a vacancy) during the period that the displaced Jail Deputy is eligible for recall. It is understood that displacement includes displacement by employees from other ranks in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority other bargaining units in the classification in which an employee is bumping into shall be bumped firstSheriff’s Office.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack Upon notice of work and/or lack of funds. Whenever a bargaining unit employee is laid offlayoff, the order affected employee may accept the layoff or exercise one of layoff within the classification shall be determined by seniority. Seniority shall be defined as following rights, if applicable, in the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of serviceorder:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by Option 1: Bump the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in their same job classification within their “area.” For purposes of this Section 17.8.2, the classification in which an “areas” are the Nursing Home, the Hospital, and the Clinic. If the FTE for the position that had been held by the bumped employee is less than the bumping into employee’s current FTE, the bumping employee’s name shall be bumped first.
15.1.5 Transfer placed on the recall list for that particular job classification, and the bumping employee shall have recall rights to a position in lieu of lay off shall be done the same job classification for a period not to exceed one (1) year in accordance with Merit Rule 9.5.4the terms of Sections 17.9 and 17.10.
Option 2: If and only if Option 1 is not available, then the affected employee may bump the employee with the least seniority in their same job classification elsewhere within the bargaining unit (all other areas). If the FTE for the position that had been held by the bumped employee is less than the bumping employee’s current FTE, the bumping employee’s name shall be placed on the recall list for that particular job classification, and the bumping employee shall have recall rights to a position in the same job classification for a period not to exceed one (1) year in accordance with the terms of Sections 17.9 and 17.10. Option 3: If and only if Option 1 is not available, then this Option 3 is available to the affected employee. The Employer shall provide the employee with a list of open and available bargaining unit positions at the time that this step occurs. The employee may elect an open position for which the employee is qualified to perform the duties of the position, with or without minimal training and orientation not to exceed a maximum of 80 (eighty) hours. If multiple affected employees who reach this step elect the same position and are qualified (as defined in the previous Option 4: A CentraCare recruiter will meet with the employee to discuss possible employment opportunities within the system outside of the bargaining unit.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees 11.1.1 A layoff for the purpose of this Article shall be subject considered as an involuntary separation of a permanent or probationary classified employee from active service due to lack of funds and/or lack of work.
11.1.2 “Layoff for lack of funds” or “layoff for lack of work and/or lack work,” includes any reduction in hours of funds. Whenever employment or assignment to a bargaining unit employee is laid off, class or grade lower than that in which the order of layoff within the classification shall be determined by seniority. Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on permanence, voluntarily consented to by the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid interruption of employment by layoff - Education Code section 45101(g). Prior to the decision to reduce hours in lieu of layoff, bump into an the District and CSEA will meet and confer.
11.1.3 Layoffs shall be made on a District-wide basis, in inverse order of seniority within class.
11.1.4 Seniority shall be earned by hire date in each classification worked.
11.1.4.1 If two (2) or more employees subject to layoff have equal or seniority, the next lowest classification determination of which is to be laid off first shall be made by lottery.
11.1.5 An employee laid off in which the employee has actually served based on the employee’s seniority. In order to bump another employee one (1) class who previously gained permanent status in an equal or lower classification, the employee must have class may bump into that class provided his/her seniority is greater seniority than the person to be bumped. The least senior employee with the least seniority in the classification in which an employee is bumping into shall be bumped firstthat equal or lower class.
15.1.5 Transfer 11.1.6 An employee displaced as a result of being bumped shall have the same bumping rights as stated in Paragraph 11.1.5 above and such other rights as granted in this Article.
11.1.7 An employee who elects separation in lieu of lay either bumping or assignment into a lower class shall maintain his/her reemployment rights as defined under this Article.
11.1.8 A permanent or probationary employee who is to be laid off shall be done offered any temporary position available at that time in accordance with Merit Rule 9.5.4the District for which the employee is qualified. If accepted by the employee, his/her effective date of layoff shall be determined by the expiration of that temporary position. If declined, there shall be no effect upon the employee’s reemployment rights.
11.1.9 Before a layoff occurs, the District shall develop a seniority list which shall be made available to the Union.
Appears in 3 contracts
Samples: Contract Agreement, Contract Agreement, Contract Agreement
Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack When, in the judgment of the Employer, a reduction of the work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by seniority. Seniority shall be defined as the length of service which a permanent classified employee has served force in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it and department becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classificationnecessary, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the affected classification shall be laid off first, provided the employees remaining in which the classification and department have the ability to satisfactorily perform the work available. An employee scheduled for layoff will fill any vacancy, unit-wide including a vacancy of a higher or lower classification/pay grade (treated as an involuntary transfer and not subject to a six
a. Replace an employee is bumping into shall be bumped firstin the same classification, starting with the least senior.
15.1.5 Transfer b. Replace an employee in lieu of lay off shall the same pay grade, starting with the least senior.
c. Replace an employee in the next lower pay grade, starting with the least senior.
d. Replace an employee in consecutively lower pay grades, starting with the least senior.
e. This process will be done continued until the employee is either placed, or is laid off.
7.5.1 Employees replaced in accordance with Merit Rule 9.5.4the above shall exercise their unit seniority to replace another employee in the same manner. The final bump shall occur not later than the effective date of the original layoff notice unless mutually agreed upon between the Employer and the Union.
7.5.2 A full-time employee may displace two (2) or more part-time employees, if such an arrangement is feasible and the part-time responsibilities can be fulfilled.
7.5.3 In applying Section 7.5, in the event a part-time employee has more seniority than a full-time employee, the part-time employee can exercise seniority to displace the full-time employee at least to the extent of the same number of part-time hours as the position previously held. If feasible, the University will divide the position affected into two (2) part-time positions so that the part-time employee has the same number of hours previously held and the full-time employee has the remaining hours of the position. The full-time employee can then exercise the employee's seniority under Section 7.5 above. If the above is not feasible, the part-time employee will displace the full-time employee.
7.5.4 The Union may request an employee not be required to bump into a different shift. The Employer shall consider the request and reserves the right to deny or approve the request.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by seniority. Seniority X. Xxxxxx shall be defined as to mean a reduction in the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period working force that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved covered by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date terms of this Agreement.
15.1.2 B. Employees being laid off shall be given a written notice of layoff in accordance with this provision at least seven (7) calendar days prior to the date the layoff is to be effective.
1. The unit written notice of layoff shall be delivered to an affected employee personally, by inclusion in the employee's pay envelope, or via first-class mail sent to the employee's address of record with the shortest length district. If an employee is on vacation or away from his/her residence for an extended period of service time, it is his/her responsibility to notify the personnel office in the classification plus higher classes shall writing of an address where he/she can be laid off firstnotified in accordance with this provision.
15.1.3 Whenever it becomes necessary 2. In the event that the written notice of layoff is mailed to implement an employee, the seven (7) calendar day notice period shall commence on the second day following the date that the notice of layoff is mailed by deposit in a United States Postal Service mailbox or by delivery to a United States Post Office.
C. In the event of a layoff, affected employees shall be laid off in reverse the order and manner outlined below.
1. First, temporary and probationary employees within the classification(s) affected by the layoff.
2. Second, the necessary number of the least senior employees in the classification(s) affected by the layoff, based upon the seniority the affected employee(s) have accrued in the classification, subject to the following conditions.
a. An employee being laid off from his/her position may exercise his or her seniority to displace a less senior employee from any position within his/her classification which is equal to or lower than his/her position based upon comparative wage rates. Comparative wage rates shall not include shift premium or weekend check pay.
b. In the event no position is available to an employee within his/her classification, and the employee has worked and accrued seniority in another classification within the bargaining unit, he/she may exercise his/her accrued seniority in his/her former classification to displace a lower seniority employee in that classification.
c. This procedure shall only affect the lower seniority employee(s) in a classification, and shall apply to employees who are displaced by other employees exercising their seniority rights within the classification. An employee who wishes to exercise his/her bumping rights must be qualified for the position at no expense to the district.
3. For purposes of this provision, the seniority of an employee shall be based upon the seniority he/she has accrued in a classification, not on seniority accrued on district-wide seniority within the affected classificationbargaining unit.
15.1.4 A a. Employees who are laid off under the terms of this provision, excluding temporary and probationary employees, shall accrue seniority while laid off for a period not to exceed their accumulated seniority at the time of layoff, or a period of one (1) year, whichever period is less.
b. When a laid off employee is recalled, the seniority accrued during layoff shall not apply to his/her wage placement, nor allocation of vacation or sick leave days.
4. Laid off employees shall be provided written notice of all bargaining unit positions which are posted in accordance with Article XIV, Transfer, Promotion and Displacement (including promotional vacancies and newly created positions), during the period such employees are eligible for recall under the terms of this provision. Notification shall be by first class mail sent to the employee’s last known address.
5. An employee who is laid off under this provision and who works as a substitute in a bargaining unit position during the period of layoff shall not accrue bargaining unit rights under the terms of this Agreement. Any laid- off employee who substitutes shall be paid the base rate of the pay for that classification. A laid off employee who works as a substitute for more than forty (40) consecutive work days in the same classification shall be entitled to the accrual and use of all contractual benefits provided to regular employees hereunder, except insurance benefits. Such entitlement shall begin on the 41st consecutive day in position and shall not be retroactive.
D. In the event of a layoff affecting bus monitors, they shall be laid off in the order and manner outlined below.
1. First, probationary bus monitors.
2. Second, the necessary number of the lowest seniority bus monitors.
3. Bus monitors who are laid off shall not be eligible to displace employees in any other classification. Similarly, employees laid off from her/his present classification may, in order other classifications shall not be eligible to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped firstdisplace bus monitors.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by seniority. Seniority A. Layoff shall be defined as to mean a reduction in the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period working force that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved covered by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date terms of this Agreement.
15.1.2 B. Employees being laid off shall be given a written notice of layoff in accordance with this provision at least seven (7) calendar days prior to the date the layoff is to be effective.
1. The unit written notice of layoff shall be delivered to an affected employee personally or via first-class mail sent to the employee's address of record with the shortest length district. If an employee is on vacation or away from his/her residence for an extended period of service time, it is his/her responsibility to notify the personnel office in the classification plus higher classes shall writing of an address where he/she can be laid off firstnotified in accordance with this provision.
15.1.3 Whenever it becomes necessary 2. In the event that the written notice of layoff is mailed to implement an employee, the seven (7) calendar day notice period shall commence on the second day following the date that the notice of layoff is mailed by deposit in a United States Postal Service mailbox or by delivery to a United States Post Office.
C. In the event of a layoff, affected employees shall be laid off in reverse the order and manner outlined below.
1. First, temporary and probationary employees within the classification(s) affected by the layoff.
2. Second, the necessary number of the least senior employees in the classification(s) affected by the layoff, based upon the seniority the affected employee(s) have accrued in the classification, subject to the following conditions.
a. An employee being laid off from his/her position may exercise his or her seniority to displace a less senior employee from any position within his/her classification which is equal to or lower than his/her position based upon comparative wage rates. Comparative wage rates shall not include shift premium or weekend check pay.
b. In the event no position is available to an employee within his/her classification, and the employee has worked and accrued seniority in another classification within the bargaining unit, he/she may exercise his/her accrued seniority in his/her former classification to displace a lower seniority employee in that classification.
c. This procedure shall only affect the lower seniority employee(s) in a classification, and shall apply to employees who are displaced by other employees exercising their seniority rights within the classification. An employee who wishes to exercise his/her bumping rights must be qualified for the position at no expense to the district.
3. For purposes of this provision, the seniority of an employee shall be based upon the seniority he/she has accrued in a classification, not on seniority accrued on district-wide seniority within the affected classificationbargaining unit.
15.1.4 A a. Employees who are laid off under the terms of this provision, excluding temporary and probationary employees, shall accrue seniority while laid off for a period not to exceed their accumulated seniority at the time of layoff, or a period of one (1) year, whichever period is less.
b. When a laid off employee is recalled, the seniority accrued during layoff shall not apply to his/her wage placement, nor allocation of vacation or sick leave days.
4. Laid off employees shall be provided written notice of all bargaining unit positions which are posted in accordance with Article XIV, Transfer, Promotion and Displacement (including promotional vacancies and newly created positions), during the period such employees are eligible for recall under the terms of this provision. Notification shall be by first class mail sent to the employee’s last known address.
5. An employee who is laid off under this provision and who works as a substitute in a bargaining unit position during the period of layoff shall not accrue bargaining unit rights under the terms of this Agreement. Any laid- off employee who substitutes shall be paid the base rate of the pay for that classification. A laid off employee who works as a substitute for more than forty (40) consecutive work days in the same classification shall be entitled to the accrual and use of all contractual benefits provided to regular employees hereunder, except insurance benefits. Such entitlement shall begin on the 41st consecutive day in position and shall not be retroactive.
D. In the event of a layoff affecting bus monitors, they shall be laid off in the order and manner outlined below.
1. First, probationary bus monitors.
2. Second, the necessary number of the lowest seniority bus monitors.
3. Bus monitors who are laid off shall not be eligible to displace employees in any other classification. Similarly, employees laid off from her/his present classification may, in order other classifications shall not be eligible to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped firstdisplace bus monitors.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by seniority. Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever A. When it becomes necessary to implement reduce the number of employees in a job classification in an occupational seniority unit, and it is determined that skill and ability, past experience, education, training and adherence to work rules are equal, seniority shall then be the determining factor.
1. An employee with three (3) or more years of seniority, who becomes subject to layoff, may displace in his classification a less senior employee in another seniority unit. If he has insufficient seniority to displace in his classification, first he may elect to be downgraded to any lower job classification (not to exceed two levels below the current job classification) in the normal line of progression or then to any previously held job classification since July 1, 1971, providing there are less senior employees shall in the job classification and he has the necessary skill and ability and is physically able to perform the work.
2. An employee with less than three (3) years of seniority, who becomes subject to layoff, may elect first to be downgraded to any lower job classification (not to exceed two levels below the current job classification) in the normal line of progression within his occupational seniority unit or then to any previously held job classification since July 1, 1971 , providing there are less senior employees in the classification and he has the necessary skill and ability and is physically able to perform the work.
3. In lieu of downgrading, the employee may elect layoff from his job classification.
4. When an employee accepts a downgrade, he will be paid the average rate paid to employees in the new lower classification as determined by Human Resources.
B. Temporary employees and employees on their first probationary period who are displaced will be terminated.
C. When notice is given, the Company will give employees fifteen (15) working days notice before being laid off. When notice is not given, a minimum of ten (10) working days pay in lieu thereof will be given to employees who are to be laid off in reverse order of seniority within the affected classificationand are at work to receive such notice.
15.1.4 A bargaining unit employee laid off D. To avoid confusion and interference with effective facility operations, seniority provisions shall not be applicable to any of the following reductions in the work force which are considered by the Company to be of a temporary nature and which result from her/his present classification maybreakdown, in order to avoid layoffshortages of material, bump into an equal fire, power failure or causes of a like nature.
1. Release from work for the next lowest classification in which the employee has actually served based on the employee’s senioritybalance of a shift.
2. Reductions lasting five workdays or less. In order to bump another employee in an equal all such cases, it is recognized that little or lower classificationno notice can be given and, therefore, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into provisions of paragraphs A, B, and C above shall be bumped firstnot apply.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees A. In accordance with Article 5, the Employer may reduce its working force in a given classification in any division or department.
B. The Union shall be subject notified in advance of any anticipated layoff to layoff for lack allow them to work closely with management and a special conference may be called.
C. Whenever possible, employees being laid off shall be given at least fourteen (14) calendar days notice of layoff. In cases of emergency, no less than seven (7) calendar days notice shall be given. The Employer shall furnish a copy of such notice to the Union immediately.
D. When a reduction in work and/or lack force occurs in a given classification in a given division or department or when an employee returns from a leave of funds. Whenever absence resulting in a bargaining unit employee is laid offlayoff, the order of layoff within the for such classification in such division or department shall be determined by seniority. Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of servicefollows:
(a) Any break 1. Temporary employees, as defined in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10Article 14, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff2. Probationary employees, employees as defined in Article 14, shall be laid off in reverse order of seniority within their date of hire. Such employees may displace other probationary employees in the affected classificationsame classification with a later date of hire. Once laid off they shall have no reemployment rights, except that they may be placed in the order of their date of hire on a preferred eligible list.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority3. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority Seniority employees serving trial periods in the classification in which an employee is bumping into being reduced shall be bumped firstlaid off in order of their date of entry into the classification and shall be reduced to their permanent classification, seniority permitting.
15.1.5 Transfer in lieu of lay off 4. Seniority employees who have completed the trial period for the classification being reduced shall be done laid off in accordance with Merit Rule 9.5.4order of their city seniority and may elect to displace lower seniority employees in the same classification in another division of their department, or, if none, in another department; provided, however, that a greater seniority employee shall not displace a younger seniority employee from a position unless he is able to perform the work of that position.
5. Seniority employees who have completed the trial period for the classification which is being reduced and which is part of a promotional series as hereinafter provided may, if laid off, elect to displace lower seniority employees in a lower class of that series in their own division, or, if none, in their own department, or, if none, in another department; provided, however, that a greater seniority employee shall not displace a younger seniority employee from a position unless he is able to perform the work of that position. Should the application of the above procedure result in a lower seniority employee being placed into a higher paying position than a higher seniority employee, the higher seniority employee may choose to be placed in such higher paying position provided he is able to perform the work of that position.
6. In the event that any D.P.W.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit 22:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, the Employer determines that a layoff(s) is necessary, the Employer shall determine the classification(s) from which the layoff(s) are to take place.
22:02 The Employer shall determine the employees within each classification from which employees are to be laid off.
22:03 Where the layoff(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than twenty (20) calendar days prior to the date of layoff(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected.
22:04 Employees selected for lay-off, except for term employees with less than one
(1) year seniority, will be provided with four (4) weeks’ notice or payment in lieu thereof. Where a term employee is being laid off at the end of a specific term of employment or after completion of a job for which the employee was specifically employed, no notice of layoff is required. The Union shall be subject provided with a copy of all layoff notices issued.
22:05 Two (2) weeks’ notice or payment in lieu thereof shall be provided to layoff term employees with less than one (1) year of seniority who are selected for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, layoff.
22:06 In determining the order of layoff within the classification of employees, seniority shall be determined by senioritythe determining factor. Seniority shall be defined as This Section is subject to the length of service which a permanent classified requirement that the
22:07 An employee has served selected for layoff may exercise an option to displace the most junior employee in a the same classification plus higher classes. Length of service for purposes of this article shall begin or in an equivalent or lower classification, based on the employee’s first day bi-weekly rate of paid status pay in a classification. The following shall be subtracted from length of servicethe pay plan, subject to the following:
(a) Any break in service. The time period that a less than 12 month A term employee is not laid off prior to the expiry of his/her term may only displace another term employee with the same scheduled to work does not constitute a break in service.expiry date;
(b) Any leave set forth in Section 7.9.The employee exercising the displacement option must have the qualifications and ability to perform the work of the person he/she is seeking to displace;
(c) Any unpaid personal leave The employee may only decline the displacement opportunity if the position is in a location which would require a change in residence of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.the employee;
(d) Any leave set forth If the employee cannot displace the most junior employee or declines the displacement option in Section 7.11accordance with subsection (c), the employee may then elect to displace the next most junior employee. The process will continue in this manner until there are no displacement opportunities.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior 22:08 An employee who is displaced pursuant to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes 23:07 shall be laid given notice of lay- off first.
15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification and may, in order turn exercise an employment displacement option as set out in 23:07. The process will continue in this manner until there are no displacement opportunities.
22:09 An employee who is entitled to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump displace another employee in an equal or lower classification, accordance with the provisions of this Article may have a familiarization period in the new position. The purpose of the familiarization period is to allow the employee must have greater seniority than to become oriented to the person specific duties of the position. The familiarization period is not intended to be bumped. The employee with the least seniority in the classification in a period during which an employee is bumping into acquires the
22:10 For purposes of this Article, “Qualifications” refers to education, knowledge, training, skills, experience, aptitude, and competence. “Ability” refers to mental, and physical capability. The Employer, in making a decision with respect to determining which employees are to be retained and which employees are to be laid-off, shall determine qualifications, and the ability of employees to perform the duties which the remaining employees will be bumped firstrequired to perform, in a fair, reasonable, and non-discriminatory manner.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff. 15.1.1 A. Layoff as used in this Article means: (i) reduction in the work force; (ii) for bargaining unit members working in more than one classification, elimination of all hours worked by them in any one classification; or (iii) for Full Time employees, as defined by Article I, any reduction in total hours (total posted hours for the employee's positions).
B. As provided in the Seniority Article, seniority is bargaining unit wide, based on employment within the bargaining unit, and transfers with employees moving from one bargaining unit classification to another.
C. Bargaining unit members will not be laid off without at least thirty-one (31) calendar days’ notice except in an emergency, or in the event of bumping, in which case they will be given at least two (2) weeks’ notice whenever reasonably possible. For the 2020-21 school year, unit members may be laid off with a 24-hour notice if a building or District level closure is related to COVID-19. If a COVID-19 related closure occurs, all reasonable efforts will be taken to reassign affected unit members. Layoff may be postponed until after employees’ sick leave or other paid leave is used, at their discretion. This notice provision will expire June 30, 2021 unless mutually extended by both parties.
D. In the event of a layoff, the Employer and the Association will meet to discuss implementation, including transfer of employees shall and adjustment of hours. The procedure below need not be subject followed; the parties may agree to layoff for lack of work and/or lack of fundsplace any employee(s) in any position(s). Whenever a Bargaining unit members will assume positions as mutually agreed between the Employer and the Association. Affected employees will have input into such decision.
E. Unless otherwise agreed, so long as the remaining employees have the necessary qualifications, skill and ability to perform all remaining work:
1. The Employer will first lay off (or reduce the hours of) probationary bargaining unit member(s) working in the classification.
2. The Employer will thereafter lay off (or reduce the hours of) the least senior bargaining unit member(s) working in the classification.
3. Bargaining unit members who would be laid off may thereafter bump according to the following procedure. An employee is laid offmust normally bump into the bumped employee's entire schedule in that classification and cannot bump into part of an employee's assignment. (An employee may, however, bump into an employee's entire bus run that makes up less than the order of layoff within the classification shall be determined by seniority. Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service employee's entire bus schedule; for purposes of this article shall begin on Article, a bus run is the employee’s first day bus driver's entire morning, midday or afternoon schedule notwithstanding that the particular schedule includes bussing of paid status students from more than one school.) Schedules for employees desiring to work in a classification. more than one classification must be compatible.
a. The following shall Employer will notify affected bargaining unit member(s) of the pending layoff.
b. A bargaining unit member with the necessary seniority, who would otherwise be subtracted from length of servicelaid off, has the option to bump:
(a1) Any break A less senior employee with a compatible schedule (including bus runs that make up less than a full schedule) in service. The time period that the same classification as such layoff/ elimination;
(2) A less senior employee with a compatible schedule in the same classification grouping but in a lower classification; or
(3) A less senior employee with a compatible schedule in the Building Custodian classification, a less senior employee with a compatible schedule in the Bus Driver classification (including bus runs that make up less than 12 month a full schedule), a less senior employee is not scheduled to work does not constitute with a break compatible schedule in servicethe Satellite Kitchen Worker classification (so long as no more than fifty percent of the Satellite Kitchen Workers working in any one building are laid off or otherwise eliminated from such positions during any one school year) or a less senior employee with a compatible schedule in the Main Kitchen Worker classification (so long as no more than fifty percent of the Main Kitchen Workers working in any one building are laid off or otherwise eliminated from such positions during any one school year).
(b4) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10If an employee can demonstrate qualifications, except that any unpaid period that is less than skill and ability to fill a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee position in an equal or lower higher paid classification, whether or not in the same classification grouping, the employee must have greater seniority than will be considered for the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped firstposition.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Layoff. 15.1.1 Bargaining unit employees 14.1 When it is determined by the Company that a reduction in the workforce is necessary the Company shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order provide four (4) weeks’ notice of layoff to the Union and the employees affected. The Company can, in its sole discretion, provide pay in lieu of notice.
14.2 Layoffs of any employee(s) within the any classification shall be determined based upon reverse seniority provided the remaining employees have sufficient experience, ability, educational qualifications, training and reliability to perform the work.
14.3 Within the notice period mentioned above, the Company shall consider requests for voluntary resignations from other employees in the work classification groups impacted by senioritythe layoff. Seniority If approved, employees who have volunteered to leave instead of the less senior employee shall be defined as paid severance pay in accordance with the length provisions of service which the collective agreement. Any employees requesting a permanent classified voluntary resignation must agree to the terms and conditions of the voluntary resignation.
14.4 An employee affected by layoff may bump the most junior employee in an equivalent or lower classification provided the position is held by a more junior employee and provided he or she has served experience, ability, educational qualifications, training and reliability to perform the job. Any employee wishing to bump must do so within 5 days of receiving their notice of layoff.
14.5 The person so displaced may exercise a similar right to bump in accordance with Article 14.4 within one week of being bumped.
14.6 An employee who bumps will assume the new rate of the position in the equivalent or lower classification.
14.7 If a classification plus higher classesvacancy within the bargaining unit is posted during the notice period described in Article 14.1, and the employee affected by the layoff has the required experience, ability, educational qualifications, training and reliability, that employee to may elect to be transferred to that position under the terms of Article 7.5.
14.8 Recall of laid off employees to available vacancies in their previously held classifications shall prevail over Article 7 (Hiring, Promotion & Transfer). Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following Affected employees shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled offered reinstatement to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service employment in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary held prior to implement a layofflayoff on the basis of seniority, employees shall be laid off in reverse order of seniority within their layoff, provided they have the affected classificationexperience, ability, educational qualifications, training and reliability to perform the available work. Notification of recall shall be by letter addressed to his or her last known address on the Company’s records with a copy sent to the Union. The recall rights will not extend for a period longer than twelve (12) months.
15.1.4 A bargaining unit employee 14.9 During layoff, seniority shall not be broken but shall not accrue, subject to the time limits specified under Article 14.4.
14.10 Full-time employees may bump part-time employees subject to the restrictions and provisions set out in Article 14.4 above. Part-time employees may not bump full- time employees.
14.11 Any period of employment for which severance pay has actually been paid, shall not be counted as service in calculating the amount of severance pay which may again become due after reinstatement to employment or in the calculation of eligibility for any other benefits based on length of service.
14.12 The Company agrees that employees laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into recall shall be bumped firsteligible to apply for any posting as per Article 7.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff. 15.1.1 Bargaining unit employees 14.1 When it is determined by the Company that a reduction in the workforce is necessary the Company shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order provide four (4) weeks’ notice of layoff to the Union and the employees affected. The Company can, in its sole discretion, provide pay in lieu of notice.
14.2 Layoffs of any employee(s) within the any classification shall be determined based upon reverse seniority provided the remaining employees have sufficient experience, ability, educational qualifications, training and reliability to perform the work.
14.3 Within the notice period mentioned above, the Company shall consider requests for voluntary resignations from other employees in the work classification groups impacted by senioritythe layoff. Seniority If approved, employees who have volunteered to leave instead of the less senior employee shall be defined as paid severance pay in accordance with the length provisions of service which the collective agreement. Any employees requesting a permanent classified voluntary resignation must agree to the terms and conditions of the voluntary resignation.
14.4 An employee affected by layoff may bump the most junior employee in an equivalent or lower classification provided the position is held by a more junior employee and provided he or she has served experience, ability, educational qualifications, training and reliability to perform the job. Any employee wishing to bump must do so within 5 days of receiving their notice of layoff.
14.5 The person so displaced may exercise a similar right to bump in accordance with Article 14.4 within one week of being bumped.
14.6 An employee who bumps will assume the new rate of the position in the equivalent or lower classification.
14.7 If a classification plus higher classesvacancy within the bargaining unit is posted during the notice period described in Article 14.1, and the employee affected by the layoff has the required experience, ability, educational qualifications, training and reliability, that employee to may elect to be transferred to that position under the terms of Article 7.5.
14.8 Recall of laid off employees to available vacancies in their previously held classifications shall prevail over Article 7 (Hiring, Promotion & Transfer). Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following Affected employees shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled offered reinstatement to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service employment in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary held prior to implement a layofflayoff on the basis of seniority, employees shall be laid off in reverse order of seniority within their layoff, provided they have the affected classificationexperience, ability, educational qualifications, training and reliability to perform the available work. Notification of recall shall be by letter addressed to his or her last known address on the Company’s records with a copy sent to the Union. The recall rights will not extend for a period longer than twelve (12) months.
15.1.4 A bargaining unit employee 14.9 During layoff, seniority shall not be broken but shall not accrue, subject to the time limits specified under Article 14.4.
14.10 Full-time employees may bump part-time employees subject to the restrictions and provisions set out in Article 14.4 above. Part-time employees may not bump full-time employees.
14.11 Any period of employment for which severance pay has actually been paid, shall not be counted as service in calculating the amount of severance pay which may again become due after reinstatement to employment or in the calculation of eligibility for any other benefits based on length of service.
14.12 The Company agrees that employees laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into recall shall be bumped firsteligible to apply for any posting as per Article 7.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, In the order event of layoff within the classification shall be determined by seniority. Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10regular employees, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, such employees shall be laid off in reverse order of seniority within the affected classificationbargaining unit except when a specific position is eliminated.
15.1.4 A 25.2.1 When a specific position is eliminated, the least senior bargaining unit employee laid off from hermember in that position in his or her category is subject to layoff. That member shall have the right to bump to any position to which he/his present classification may, she is qualified at the time (in order to avoid layoff, bump into an equal or the next lowest classification their category) and in which the present employee has actually served based on the employee’s less bargaining unit seniority. In order The bumped person may bump in turn in the same manner. The County shall issue a written notice of the action being taken, and the initially and subsequently bumped employees shall have five (5) working days to bump another employee in an equal or lower classification, indicate their decision. If the employee previously held the affected position, he or she shall be permitted a 30 working day trial period to manifest satisfactory performance after which he or she shall be assigned in the position. If he or she is unable to manifest satisfactory performance, he or she may exercise any additional bumping rights his or her seniority and qualifications allow.
25.2.2 If the layoff results in a Category 2 employee being laid off who has Category 1 seniority (must have greater worked in a position in that group) said employee shall have the option of being laid off or bumping a Category 1 employee who has less seniority. Should the Category 2 employee bump into Category 1 said employee's seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped firstdovetailed.
15.1.5 Transfer in lieu of lay off 25.2.3 Layoff notices shall be done in accordance with Merit Rule 9.5.4writing and shall be provided to an affected employee and the Guild at least thirty (30) calendar days in advance of the layoff date.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees For the purposes of layoffs at the Connecticut Agricultural Experiment Station, the following procedures will apply to the classes of Senior Scientist, Scientist, Associate Scientist, Analytical Scientist, Assistant Scientist 2 and Assistant Scientist 1:
1. A position shall be subject designated for layoff. In addition to layoff for lack of work and/or lack of fundsidentification by job classification a discipline shall also be specified.
2. Whenever a bargaining unit The individual holding the designated position shall displace the least senior employee is laid off, the order of layoff within the same job classification shall be determined by seniorityand discipline.
3. Seniority shall be defined as The least senior employee in the length of service which a permanent classified job classification may bump the least senior employee has served in a lower classification plus higher classes. Length of service for purposes of this article shall begin on within the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in servicesame class series and discipline, provided the bumper has greater seniority.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension4. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit If no employee with the shortest length of service less seniority is available in any lower classification in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classificationsame class series and discipline, the employee must have greater seniority shall be allowed to bump a less senior employee in a lower classification in the class series in another discipline, provided he/she is capable of performing the duties required in such other discipline without further training.
5. The disciplines identified at the Connecticut Agricultural Experiment Station are: Plant Pathology Ecology Soil and Water Analytical Chemistry Entomology Forestry and Horticulture Biochemistry and Genetics The parties agree that one of the subjects of the Association- Council Committee may be a study to review the feasibility of a flexible work schedule and/or a four day work week. Recommendations on implementation will be submitted to the Board of Control for action as deemed appropriate and consistent with the Addendum Article Hours of Work and Overtime. When staff members are in the field and emergency dictates additional hours of work that will not exceed 40 hours for the normal work week and a Chief Scientist is not available to authorize overtime, the senior staff member in the party may authorize such work. Not later than the person to be bumpedfollowing work day, the senior staff member authorizing the work will notify his/her Chief Scientist. The employee with State of Connecticut ("State") and the least seniority Connecticut State Employees Association on behalf of members of the Engineering, Scientific and Technical (P-4) Contract ("Union") hereby agree as follows:
1. The Department of Transportation ("DOT") shall offer full-time DOT employees within P-4 classifications, excluding those within the Bureau of Policy and Planning, a voluntary and permanent increased workweek which will be implemented on a roll-out basis as detailed below. Vacant positions shall be included in the classification in which an employee is bumping into shall be bumped first.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.increased workweek. Date Workweek Increase First full pay period 2.5 hr. weekly (37.5 hours) after legislative approval 6/19/2009 2.5 hr. weekly (40 hours)
Appears in 2 contracts
Samples: Engineering, Scientific and Technical Contract, Engineering, Scientific and Technical Contract
Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by seniority. Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump p another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped first.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees 1. Layoff shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the by classification in inverse order of layoff within classification seniority. However, an Employee about to be laid off shall have the right to bump (displace) any Employee in a lower classification, provided that: 1) the EMPLOYER determines the Employee who is exercising bumping rights has previously held the position; 2) is adequately qualified as determined by the EMPLOYER to perform the duties of the classification shall into which s/he is bumping; and 3) s/he has greater seniority than the Employee who is to be determined by seniority. Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspensionbumped. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service part-time employees in the affected classification plus higher classes shall be laid off firstbefore any full-time employees.
15.1.3 Whenever it becomes necessary to implement a 2. Recall from layoff, employees shall be by classification seniority in inverse order of layoff, provided that, if an Employee does not return to work upon recall, as directed by the EMPLOYER, or on an extended date mutually acceptable to the Employee and EMPLOYER, s/he shall automatically have terminated h/h employment. The EMPLOYER shall issue written notice of recall from an indefinite layoff to affected Employees by certified mail/return receipt, providing at least fifteen calendar (15) days to return to work. Recall notification shall be sent to the Employee's last known address. An Employee's name shall be retained on the recall list for one (1) year, at which time all rights to recall shall terminate.
3. The EMPLOYER shall not hire a new Employee in a classification where an Employee is laid off in reverse order with the right of seniority within the affected classificationrecall.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order 4. For any layoff anticipated to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classificationlast for over fourteen days, the employee must have greater seniority than the person EMPLOYER shall provide a fourteen day written notice of layoff to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped firstall affected employees.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Labor Agreement
Layoff. 15.1.1 13.1: Layoff shall mean a reduction in the work force due to a decrease of work, reorganization and/or restructuring as determined by the Friend of Court or a budget limitation.
13.2: When a layoff is determined necessary, the Association will be promptly notified. The Association may request to meet with the Friend of Court prior to the implementation of the layoff. The Friend of Court shall not be prohibited or constrained from instituting the layoff on the basis of attempting to facilitate a meeting.
13.3: When a layoff is necessary in the Bargaining Unit, the least senior employee in the classification shall be subject to layoff provided the more senior employee(s) have merited positive or favorable work plans and performance appraisals. The Friend of Court shall determine positive or favorable work plans and performance appraisals. An employee who chooses to displace the least senior employee in a formerly held classification in the bargaining unit shall be subject to a sixty (60) day trial period. The trial period will provide the Friend of Court and the employee with the opportunity to become acquainted with the job. If at the end of the trial period the employee is unable to perform the job to the satisfaction of the Friend of Court, the employee may exercise one more displacement or be laid off and the most senior laid off employee qualified for the position shall be recalled. A secondary displacement shall meet the same requirements and time limits as the initial displacement action.
13.4: The following employees; (Xxxxxxxxx Xxxxxxxx, Xxxxx XxXxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxxx, Xxxxxxxx Xxxxx, Xxxxxx Xxxxxxxx, Xxxxx Xxxxxxxx, Xxx Xxxxxx and Xxxxx Xxxxxxxxxx) are not subject to 13.5 for the duration of two (2) years from the date of the County’s ratification of this contract. In the event of a layoff within the two years from their original date of promotion or appointment into his/her classification, the laid off employee shall be entitled to displace (bump) the least senior employee in their former classification. Two years from the date of the County’s ratification the employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by seniorityfollowing 13.5. Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped first.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining Xxxxxx is the elimination of a position or reduction in an employee’s hours sufficient to affect the employee’s current benefit level regardless of benefit utilization at the time of layoff. The OSEA Chapter 71 President will be notified whenever an employee’s benefit will be affected due to lay off or reduction of hours.
A. In the event the District determines the need to layoff bargaining unit members, the District will notify the Association President and employees to be affected by layoff, 30 calendar days prior to layoff. At all times the District will provide notice of at least two calendar weeks prior to the first day of work to the Association President and employees affected by layoff. Layoff or reduction in hours may be for the following reasons only:
1. A substantial reduction in general fund revenue that impacts the District’s ability to maintain current staffing levels;; or
2. Reduction of state/federal funding;; or
3. A substantial reduction in pupil enrollment;; or
4. Reduction, elimination, or change of a District service, program or facility.
B. Employees shall be subject laid off in the inverse order in which they were hired into the District.
C. Employees so notified of an impending layoff who have previously held a position in another job classification may return to the same position (regardless of job title) in that job classification provided they have greater District seniority than employees holding those positions.
X. Xxx the purpose of layoff, the Association President will be deemed to have greater seniority than any other employee, and the Vice-President will be deemed to have seniority second only to that of the President. The OSEA Chapter President and Vice-President shall not lose employment as the result of a layoff for lack during the life of work and/or lack of funds. Whenever a bargaining unit this contract.
E. The following process will be used and applied when an employee is laid off, with the order understanding that the District and Association will have the right to apply the least disruptive process for students:
1. Request to transfer to an open position or combination of layoff open positions.
2. Combine positions at more than one location to retain hours.
3. Displace the least senior employee within the current job group in the same classification shall be determined by senioritywith the same number of hours in one location.
4. Seniority shall be defined as Displace the length of service which a permanent classified least senior employee has served in a previously held job classification plus higher classes. Length of service for purposes of this article shall begin on or in the employee’s first day of paid status in a next lowest job group within the job classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10In all situations, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any District seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, will determine which employees shall be laid off in reverse involuntarily transferred and the order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which transferred employees will be given the employee has actually served based on the employee’s seniority. In order opportunity to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped firstselect from available positions.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees 14.1 When it is determined by the Company that a reduction in the workforce is necessary the Company shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order provide four (4) weeks’ notice of layoff to the Union and the employees affected. The Company can, in its sole discretion, provide pay in lieu of notice.
14.2 Layoffs of any employee(s) within the any classification shall be determined based upon reverse seniority provided the remaining employees have sufficient experience, ability, educational qualifications, training and reliability to perform the work.
14.3 Within the notice period mentioned above, the Company shall consider requests for voluntary resignations from other employees in the work classification groups impacted by senioritythe layoff. Seniority If approved, employees who have volunteered to leave instead of the less senior employee shall be defined as paid severance pay in accordance with the length provisions of service which the collective agreement. Any employees requesting a permanent classified voluntary resignation must agree to the terms and conditions of the voluntary resignation.
14.4 An employee affected by layoff may bump the most junior employee in an equivalent or lower classification provided the position is held by a more junior employee and provided he or she has served experience, ability, educational qualifications, training, and reliability to perform the job. Any employee wishing to bump must do so within 5 days of receiving their notice of layoff.
14.5 The person so displaced may exercise a similar right to bump in accordance with Article 14.4 within one week of being bumped.
14.6 An employee who bumps will assume the new rate of the position in the equivalent or lower classification.
14.7 If a classification plus higher classesvacancy within the bargaining unit is posted during the notice period described in Article 14.1, and the employee affected by the layoff has the required experience, ability, educational qualifications, training, and reliability, that employee to may elect to be transferred to that position under the terms of Article 7.5.
14.8 Recall of laid off employees to available vacancies in their previously held classifications shall prevail over Article 7 (Hiring, Promotion & Transfer). Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following Affected employees shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled offered reinstatement to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service employment in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary held prior to implement a layofflayoff on the basis of seniority, employees shall be laid off in reverse order of their layoff, provided they have the experience, ability, educational qualifications, training and reliability to perform the available work. Notification of recall shall be by letter addressed to his or her last known address on the Company’s records with a copy sent to the Union. The recall rights will not extend for a period longer than twelve (12) months. During layoff, seniority within shall not be broken but shall not accrue, subject to the affected classificationtime limits specified under Article 14.4.
15.1.4 A bargaining unit employee 14.9 Full-time employees may bump part-time employees subject to the restrictions and provisions set out in Article 14.4 above. Part-time employees may not bump full- time employees.
14.10 Any period of employment for which severance pay has actually been paid, shall not be counted as service in calculating the amount of severance pay which may again become due after reinstatement to employment or in the calculation of eligibility for any other benefits based on length of service.
14.11 The Company agrees that employees laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into recall shall be bumped firsteligible to apply for any posting as per Article 7.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Collective Agreement
Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by seniority. Seniority X. Xxxxxx shall be defined as to mean a reduction in the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period working force that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved covered by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date terms of this Agreement.
15.1.2 B. Employees being laid off shall be given a written notice of layoff in accordance with this provision at least seven (7) calendar days prior to the date the layoff is to be effective.
1. The unit written notice of layoff shall be delivered to an affected employee personally or via first-class mail sent to the employee's address of record with the shortest length district. If an employee is on vacation or away from his/her residence for an extended period of service time, it is his/her responsibility to notify the personnel office in the classification plus higher classes shall writing of an address where he/she can be laid off firstnotified in accordance with this provision.
15.1.3 Whenever it becomes necessary 2. In the event that the written notice of layoff is mailed to implement an employee, the seven (7) calendar day notice period shall commence on the second day following the date that the notice of layoff is mailed by deposit in a United States Postal Service mailbox or by delivery to a United States Post Office.
C. In the event of a layoff, affected employees shall be laid off in reverse the order and manner outlined below.
1. First, temporary and probationary employees within the classification(s) affected by the layoff.
2. Second, the necessary number of the least senior employees in the classification(s) affected by the layoff, based upon the seniority the affected employee(s) have accrued in the classification, subject to the following conditions.
a. An employee being laid off from his/her position may exercise his or her seniority to displace a less senior employee from any position within his/her classification which is equal to or lower than his/her position based upon comparative wage rates. Comparative wage rates shall not include shift premium or weekend check pay.
b. In the event no position is available to an employee within his/her classification, and the employee has worked and accrued seniority in another classification within the bargaining unit, he/she may exercise his/her accrued seniority in his/her former classification to displace a lower seniority employee in that classification.
c. This procedure shall only affect the lower seniority employee(s) in a classification and shall apply to employees who are displaced by other employees exercising their seniority rights within the classification. An employee who wishes to exercise his/her bumping rights must be qualified for the position at no expense to the district.
3. For purposes of this provision, the seniority of an employee shall be based upon the seniority he/she has accrued in a classification, not on seniority accrued on district-wide seniority within the affected classificationbargaining unit.
15.1.4 A a. Employees who are laid off under the terms of this provision, excluding temporary and probationary employees, shall accrue seniority while laid off for a period not to exceed their accumulated seniority at the time of layoff, or a period of one (1) year, whichever period is less.
b. When a laid off employee is recalled, the seniority accrued during layoff shall not apply to his/her wage placement, nor allocation of vacation or sick leave days.
4. Laid off employees shall be provided written notice of all bargaining unit positions which are posted in accordance with Article XIV, Transfer, Promotion and Displacement (including promotional vacancies and newly created positions), during the period such employees are eligible for recall under the terms of this provision. Notification shall be by first class mail sent to the employee’s last known address.
5. An employee who is laid off under this provision and who works as a substitute in a bargaining unit position during the period of layoff shall not accrue bargaining unit rights under the terms of this Agreement. Any laid-off employee who substitutes shall be paid the base rate of the pay for that classification. A laid off employee who works as a substitute for more than forty (40) consecutive workdays in the same classification shall be entitled to the accrual and use of all contractual benefits provided to regular employees hereunder, except insurance benefits. Such entitlement shall begin on the 41st consecutive day in position and shall not be retroactive.
D. In the event of a layoff affecting bus monitors, they shall be laid off in the order and manner outlined below.
1. First, probationary bus monitors.
2. Second, the necessary number of the lowest seniority bus monitors.
3. Bus monitors who are laid off shall not be eligible to displace employees in any other classification. Similarly, employees laid off from her/his present classification may, in order other classifications shall not be eligible to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped firstdisplace bus monitors.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by length of service (seniority). Seniority shall be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall be defined as the begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee employed with the shortest time length of service in the classification plus higher classes classes, less any breaks in service of more than thirty (30) days, shall be laid off first. Leaves authorized by Article 7 with the exception of leaves authorized by Sections 7.9, 7.10 and 7.11 shall not constitute a break in service.
15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped first.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit The Company recognizes the desirability in general, of retaining employees with longer continuity of service, and the Union recognizes that the Company must maintain an effective working force. The Company shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order provide written notice of layoff of one (1) month to the Union and to each employee so affected, unless the circumstances resulting in the layoff are not within the classification shall control of the Company. Cases of contemplated layoff will be determined discussed by seniorityrepresentatives of the Company with representatives of the Union to explore ways of assisting affected employees in obtaining suitable employment within or outside the Company. Seniority shall Layoffs will be defined as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within in the classification affected classification.
15.1.4 A bargaining unit provided that the senior employees have the qualifications, skill, experience, and ability to perform the remaining work following a reasonable familiarization period, not to exceed four (4) weeks. An employee who is designated for layoff in accordance with this Article will have the alternative of being laid off from her/his present classification mayor displacing an employee with less seniority, in order to avoid layoff, bump into an equal or the next lowest alternate classification in which the same or lower salary range, provided the employee designated for layoff has actually served based the qualifications, skill, experience and ability to perform the required work following a reasonable familiarization period, not to exceed four (4) weeks. In the event of possible layoff the Company will cease to hire new staff in the classification affected and no employee with seniority will be laid off while a probationary employee, in the area affected, is retained. An employee on the seniority list who is laid off and does not otherwise voluntarily resign, shall be retained on the recall list for a period equal to the employee’s senioritylength of service but not more than twelve (12) months unless recalled within that period to work at the same classification level from which the layoff took place, The Company will maintain a recall list, a copy of which will be provided monthly to the Union. In Recalls shall be made from the recall list in reverse order of layoff provided that the eligible person has the qualifications, skill, experience and ability to bump another perform the work. No new employee in an equal or lower classification, the employee must have greater seniority than the person to shall be bumped. The employee with the least seniority hired in the classification in affected until those on the recall list have been given the opportunity of recall. Upon request, employees on the recall list will be sent copies of the Vancouver job and will be entitled to apply to positions for which an they are qualified. An employee is bumping into shall who has been laid off will be bumped first.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.retained on the recall list for the time specified above except when:
Appears in 1 contract
Samples: Collective Agreement
Layoff. 15.1.1 Bargaining of bargaining unit employees shall will be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by based upon seniority. Seniority shall be defined When positions are eliminated or reduced in hours sufficient to meet the definition of a layoff as the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9B, employees will be transferred in the following sequence:
1. Senior employees in the affected positions will be transferred to positions within their respective job titles occupied by less senior employees which provide sufficient work hours (six (6) hours per day/ thirty (30) hours per week) to leave the senior employee’s insurance benefits unaffected and most closely restore the hours cut from the senior employee’s work schedule. However, senior employees who are reduced in hours may have the choice to either stay at their building with reduced hours or exercise their bumping rights.
(c) Any unpaid personal leave of absence under Section 7.102. Once transfers within job titles have been completed, except that any unpaid period that is less than a work day shall not employees displaced by transfers and employees in affected positions lacking the seniority to transfer within their job titles will be subtracted.
(d) Any leave transferred, per the terms set forth in Section 7.11D 1, to positions within their respective classification groupings (listed in Appendix A) which are occupied by less senior employees. Available work hours will be awarded based on seniority.
3. Following completion of all transfers, the least senior employee(s) may then exercise any rights they may be entitled to under Section E of this Article or be laid off. Less than twelve (e12) Any unpaid suspensionmonth employees may not displace twelve (12) month employees. Any seniority list approved Transfers are allowed between less than twelve (12) month employees provided that all other conditions set forth in this Article are met. Employees displaced by transfers will also be transferred as described in this Section. Laid-off employees will not be paid any salary or benefits during the Personnel Commission prior period of layoff. However, employees shall retain their health benefits through the following month after being laid off. Notwithstanding, a laid-off employee may, at their own expense, continue insurance coverage, subject to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply insurance carrier(s) and subject to all updates approved by the Personnel Commission after the date of this Agreementapplicable laws.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped first.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees 14.1 When it is determined by the Company that a reduction in the workforce is necessary the Company shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order provide five days notice of layoff to the Union and the employees affected. The Company can, in its sole discretion, provide pay in lieu of notice.
14.2 Layoffs of any employee(s) within the any classification shall be determined based upon reverse seniority provided the remaining employees have sufficient experience, ability, educational qualifications, training and reliability to perform the work.
14.3 Within the notice period mentioned above, the Company shall consider requests for voluntary resignations from other employees in the work classification groups impacted by senioritythe layoff. Seniority If approved, employees who have volunteered to leave instead of the less senior employee shall be defined as paid severance pay in accordance with the length provisions of service which the collective agreement. Any employees requesting a permanent classified voluntary resignation must agree to the terms and conditions of the voluntary resignation.
14.4 An employee affected by layoff may bump the most junior employee in an equivalent or lower classification provided the position is held by a more junior employee and provided he or she has served experience, ability, educational qualifications, training and reliability to perform the job. Any employee wishing to bump must do so within 5 days of receiving their notice of layoff.
14.5 The person so displaced may exercise a similar right to bump in a classification plus higher classesaccordance with Article 14.4 within one week of being bumped.
14.6 An employee who bumps will assume the new rate of the position in the equivalent or lower classification.
14.7 Recall of laid off employees to available vacancies in their previously held classifications shall prevail over Article 7 (Hiring, Promotion & Transfer). Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following Affected employees shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled offered reinstatement to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service employment in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary held prior to implement a layofflayoff on the basis of seniority, employees shall be laid off in reverse order of seniority within their layoff, provided they have the affected classificationexperience, ability, educational qualifications, training and reliability to perform the available work. Notification of recall shall be by letter addressed to his or her last known address on the Company’s records with a copy sent to the Union. The recall rights will not extend for a period longer than twelve (12) months.
15.1.4 A bargaining unit employee 14.8 During layoff, seniority shall not be broken but shall not accrue, subject to the time limits specified under Article 14.4.
14.9 Full-time employees may bump part-time employees subject to the restrictions and provisions set out in Article 14.4 above. Part-time employees may not bump fulltime employees.
14.10 Any period of employment for which severance pay has actually been paid, shall not be counted as service in calculating the amount of severance pay which may again become due after reinstatement to employment or in the calculation of eligibility for any other benefits based on length of service.
14.11 The Company agrees that employees laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into recall shall be bumped firsteligible to apply for any posting as per Article 7.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Collective Agreement
Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by seniority. Seniority A. Layoff shall be defined as to mean a reduction in the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period working force that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved covered by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date terms of this Agreement.
15.1.2 B. Employees being laid off shall be given a written notice of layoff in accordance with this provision at least seven (7) calendar days prior to the date the layoff is to be effective.
1. The unit written notice of layoff shall be delivered to an affected employee personally or via first-class mail sent to the employee's address of record with the shortest length district. If an employee is on vacation or away from his/her residence for an extended period of service time, it is his/her responsibility to notify the personnel office in the classification plus higher classes shall writing of an address where he/she can be laid off firstnotified in accordance with this provision.
15.1.3 Whenever it becomes necessary 2. In the event that the written notice of layoff is mailed to implement an employee, the seven (7) calendar day notice period shall commence on the second day following the date that the notice of layoff is mailed by deposit in a United States Postal Service mailbox or by delivery to a United States Post Office.
C. In the event of a layoff, affected employees shall be laid off in reverse the order and manner outlined below.
1. First, temporary and probationary employees within the classification(s) affected by the layoff.
2. Second, the necessary number of the least senior employees in the classification(s) affected by the layoff, based upon the seniority the affected employee(s) have accrued in the classification, subject to the following conditions.
a. An employee being laid off from his/her position may exercise his or her seniority to displace a less senior employee from any position within his/her classification which is equal to or lower than his/her position based upon comparative wage rates. Comparative wage rates shall not include shift premium or weekend check pay.
b. In the event no position is available to an employee within his/her classification, and the employee has worked and accrued seniority in another classification within the bargaining unit, he/she may exercise his/her accrued seniority in his/her former classification to displace a lower seniority employee in that classification.
c. This procedure shall only affect the lower seniority employee(s) in a classification and shall apply to employees who are displaced by other employees exercising their seniority rights within the classification. An employee who wishes to exercise his/her bumping rights must be qualified for the position at no expense to the district.
3. For purposes of this provision, the seniority of an employee shall be based upon the seniority he/she has accrued in a classification, not on seniority accrued on district-wide seniority within the affected classificationbargaining unit.
15.1.4 A a. Employees who are laid off under the terms of this provision, excluding temporary and probationary employees, shall accrue seniority while laid off for a period not to exceed their accumulated seniority at the time of layoff, or a period of one (1) year, whichever period is less.
b. When a laid off employee is recalled, the seniority accrued during layoff shall not apply to his/her wage placement, nor allocation of vacation or sick leave days.
4. Laid off employees shall be provided written notice of all bargaining unit positions which are posted in accordance with Article XIV, Transfer, Promotion and Displacement (including promotional vacancies and newly created positions), during the period such employees are eligible for recall under the terms of this provision. Notification shall be by first class mail sent to the employee’s last known address.
5. An employee who is laid off under this provision and who works as a substitute in a bargaining unit position during the period of layoff shall not accrue bargaining unit rights under the terms of this Agreement. Any laid-off employee who substitutes shall be paid the base rate of the pay for that classification. A laid off employee who works as a substitute for more than forty (40) consecutive workdays in the same classification shall be entitled to the accrual and use of all contractual benefits provided to regular employees hereunder, except insurance benefits. Such entitlement shall begin on the 41st consecutive day in position and shall not be retroactive.
D. In the event of a layoff affecting bus monitors, they shall be laid off in the order and manner outlined below.
1. First, probationary bus monitors.
2. Second, the necessary number of the lowest seniority bus monitors.
3. Bus monitors who are laid off shall not be eligible to displace employees in any other classification. Similarly, employees laid off from her/his present classification may, in order other classifications shall not be eligible to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped firstdisplace bus monitors.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees shall be subject to layoff for lack of work and/or lack of funds. Whenever a bargaining unit employee is laid off, the order of layoff within the classification shall be determined by seniority. Seniority X. Xxxxxx shall be defined as to mean a reduction in the length of service which a permanent classified employee has served in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period working force that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved covered by the Personnel Commission prior to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date terms of this Agreement.
15.1.2 B. Employees being laid off shall be given a written notice of layoff in accordance with this provision at least seven (7) calendar days prior to the date the layoff is to be effective.
1. The unit written notice of layoff shall be delivered to an affected employee personally or via first-class mail sent to the employee's address of record with the shortest length district. If an employee is on vacation or away from his/her residence for an extended period of service time, it is his/her responsibility to notify the personnel office in the classification plus higher classes shall writing of an address where he/she can be laid off firstnotified in accordance with this provision.
15.1.3 Whenever it becomes necessary 2. In the event that the written notice of layoff is mailed to implement an employee, the seven (7) calendar day notice period shall commence on the second day following the date that the notice of layoff is mailed by deposit in a United States Postal Service mailbox or by delivery to a United States Post Office.
C. In the event of a layoff, affected employees shall be laid off in reverse the order and manner outlined below.
1. First, temporary and probationary employees within the classification(s) affected by the layoff.
2. Second, the necessary number of the least senior employees in the classification(s) affected by the layoff, based upon the seniority the affected employee(s) have accrued in the classification, subject to the following conditions.
a. An employee being laid off from his/her position may exercise his or her seniority to displace a less senior employee from any position within his/her classification which is equal to or lower than his/her position based upon comparative wage rates. Comparative wage rates shall not include shift premium or weekend check pay.
b. In the event no position is available to an employee within his/her classification, and the employee has worked and accrued seniority in another classification within the bargaining unit, he/she may exercise his/her accrued seniority in his/her former classification to displace a lower seniority employee in that classification.
c. This procedure shall only affect the lower seniority employee(s) in a classification, and shall apply to employees who are displaced by other employees exercising their seniority rights within the classification. An employee who wishes to exercise his/her bumping rights must be qualified for the position at no expense to the district.
3. For purposes of this provision, the seniority of an employee shall be based upon the seniority he/she has accrued in a classification, not on seniority accrued on district-wide seniority within the affected classificationbargaining unit.
15.1.4 A a. Employees who are laid off under the terms of this provision, excluding temporary and probationary employees, shall accrue seniority while laid off for a period not to exceed their accumulated seniority at the time of layoff, or a period of one (1) year, whichever period is less.
b. When a laid off employee is recalled, the seniority accrued during layoff shall not apply to his/her wage placement, nor allocation of vacation or sick leave days.
4. Laid off employees shall be provided written notice of all bargaining unit positions which are posted in accordance with Article XIV, Transfer, Promotion and Displacement (including promotional vacancies and newly created positions), during the period such employees are eligible for recall under the terms of this provision. Notification shall be by first class mail sent to the employee’s last known address.
5. An employee who is laid off under this provision and who works as a substitute in a bargaining unit position during the period of layoff shall not accrue bargaining unit rights under the terms of this Agreement. Any laid- off employee who substitutes shall be paid the base rate of the pay for that classification. A laid off employee who works as a substitute for more than forty (40) consecutive work days in the same classification shall be entitled to the accrual and use of all contractual benefits provided to regular employees hereunder, except insurance benefits. Such entitlement shall begin on the 41st consecutive day in position and shall not be retroactive.
D. In the event of a layoff affecting bus monitors, they shall be laid off in the order and manner outlined below.
1. First, probationary bus monitors.
2. Second, the necessary number of the lowest seniority bus monitors.
3. Bus monitors who are laid off shall not be eligible to displace employees in any other classification. Similarly, employees laid off from her/his present classification may, in order other classifications shall not be eligible to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped firstdisplace bus monitors.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff. 15.1.1 Bargaining unit employees Item 1 Reductions in the work force shall be subject to layoff for lack affected through the following procedure:
1.1 The necessary number of work and/or lack of funds. Whenever a bargaining unit employee is probationary employees defined in Article VII, Section C, Item 1, shall be laid off, .
1.2 The necessary number of least senior employees in the order of layoff within the helper classification shall be determined by seniority. Seniority removed.
1.3 Probationary employees in the cook classification shall be defined as removed and have the length right to bump into the helper classification to which seniority entitles.
1.4 The necessary number of service which a permanent classified employee has served less senior employees in a classification plus higher classes. Length of service for purposes of this article shall begin on the employee’s first day of paid status in a classification. The following cook classifications shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled removed and have the right to work does not constitute a break in servicebump into the helper classification to which seniority entitles.
(b) Any leave 1.5 Cooks affected by the reduction shall have the right to bump into any position on a District basis to which classification and seniority entitles.
1.6 Employees with bumping rights as set forth in Items 1.3, 1.4, and 1.5 of this Section 7.9shall exercise said right, or accept the layoff until recalled.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day shall not be subtracted.
(d) Any leave set forth in Section 7.11.
(e) Any unpaid suspension. Any seniority list approved by the Personnel Commission prior 1.7 Employees to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this Agreement.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off firstshall be given at least fourteen (14) calendar days advance notice of the layoff in writing except when layoff is caused by circumstances beyond the Board’s control. Copies of the layoff notices shall be sent to the Union on the same date the notices are issued to employees.
15.1.3 Whenever it becomes necessary 1.8 In the event of temporary layoffs due to implement a layoffacts or occurrences not initiated or controlled by the Board, the employees shall immediately affected may be laid off in reverse order of without notice and regard for seniority within for a period not to exceed one (1) week. Temporary layoffs which exceed the affected classificationone (1) week period shall be regulated by seniority application.
15.1.4 A bargaining unit employee laid off from her/his present classification may, 1.9 The layoff procedures of this Section do not apply to the normal reduction of work force during the time school is not in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped firstsession.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Master Agreement
Layoff. 15.1.1 Bargaining unit employees A. Layoffs and recalls shall be done within levels based upon levels I, II, III and IV in appendix A. Layoffs and recalls within levels I, II, III and IV shall be based upon classification seniority as defined in Article VIII, Subsection C-1. Therefore, an employee cannot bump into a position unless s/he has classification seniority as defined in Article VIII, Subsection C-1 for that position. If an employee’s position is being eliminated, the employee shall be able to bump into another position in which s/he has classification seniority as defined in Article VIII, Subsection C-1 in accordance with the following procedure:
1. The employee shall be able to bump the lowest seniority person with the same number of annual hours, as determined on an annual basis, in the same level.
2. If there is no employee in the same level with the same number of annual hours with lower seniority, then the employee may bump the lowest seniority person in the same level with a lesser number of annual hours nearest to the annual hours of the person bumping or bump pursuant to Subsection A-3 below.
3. If there is no employee who the employee can bump pursuant to Subsection A-1 or A-2 above, the employee can bump the lowest seniority employee in a lower level with the same number of annual hours nearest to the annual hours of the person bumping if the person bumping has more classification seniority than the person being bumped
4. If there is not employee who the employee can bump pursuant to Subsections X-0, X-0 or A-3 above, the employee can bump the lowest seniority employee in a lower level with a lesser number of annual hours nearest to the annual hours of the person bumping if the person bumping has more classification seniority than the person being bumped.
B. In all cases of bumping, the employee must be qualified to fill the position to be taken as determined by the employer. The determination of qualifications shall be subject to layoff the grievance procedure that shall be governed by the following standards.
1. It is understood that one of the qualifications of a secretarial position is the compatibility factor of the secretary with the person for lack of work and/or lack of fundswhom s/he works. Whenever a bargaining unit The employer will not be arbitrary and capricious when making these decisions.
C. In the event the Board determines to lay-off an employee is laid offor regularly reduce an employee's hours, the order of layoff within the classification employee shall be determined by senioritygiven a minimum of fourteen (14) calendar days written notice, with a copy of such notification furnished to the Union. Seniority The fourteen (14) calendar days written notice requirement shall not apply to an employee who is bumped as part of the layoff process. The Union may then request that a meeting be defined as scheduled with a representative of the length Board in order to receive an explanation of service which the reasons for the lay-off or regular reduction of hours and how the work will be performed.
D. A permanent reduction of up to one (1) hour daily or a permanent classified employee has served in a classification plus higher classes. Length reduction of service for purposes four (4) weeks or less annually of this article shall begin on the employee’s first day of paid status in a classification. The following shall be subtracted from length of service:
(a) Any break in service. The time period that a less than 12 month employee is not scheduled to an employees' hours/work does not constitute a break in service.
(b) Any leave set forth in Section 7.9.
(c) Any unpaid personal leave of absence under Section 7.10, except that any unpaid period that is less than a work day week shall not be subtractedsubject to the bumping procedure if the reduction does not effect the employee's benefits. The procedure described in Section A shall be followed for a reduction if an employee’s hours of more than one (1) hour daily or more than four (4) weeks annually.
(d) Any leave set forth E. Termination - Paraprofessionals In the event the criteria in Section 7.11Special Education classes does not meet or falls below the minimum requirements for reimbursement as determined by the Xxxxxx Intermediate School District, Special Education Teacher Paraprofessionals will be laid off. Exceptions will be at the will of the Board of Education.
(e) Any unpaid suspension. Any seniority list approved by F. An employee will have the Personnel Commission prior option of taking a voluntary layoff instead of bumping pursuant to the approval of this Agreement shall not be recalculated based on the above provisions. The changes made in this Agreement shall apply to all updates approved by the Personnel Commission after the date of this AgreementSubsections A-3 or A-4 above.
15.1.2 The unit employee with the shortest length of service in the classification plus higher classes shall be laid off first.
15.1.3 Whenever it becomes necessary to implement a layoff, employees shall be laid off in reverse order of seniority within the affected classification.
15.1.4 A bargaining unit employee laid off from her/his present classification may, in order to avoid layoff, bump into an equal or the next lowest classification in which the employee has actually served based on the employee’s seniority. In order to bump another employee in an equal or lower classification, the employee must have greater seniority than the person to be bumped. The employee with the least seniority in the classification in which an employee is bumping into shall be bumped first.
15.1.5 Transfer in lieu of lay off shall be done in accordance with Merit Rule 9.5.4.
Appears in 1 contract
Samples: Master Agreement