Common use of Layoffs and Re-employment Clause in Contracts

Layoffs and Re-employment. The employer may lay off whenever it appears that financial considerations require layoff or whenever there is a diminished need for employee services. Employees shall be laid off in each affected job classification by inverse order of seniority in that job classification; employees shall be recalled in inverse order of layoff, the first to be laid off shall be the last to be recalled. No new employees in affected job classifications shall be hired while former employees who are on the laid off list are willing and qualified to accept the jobs available. In the event of a recall of any classification in a job family, re-employment will be offered to members of that job family who remain on the recall list by M-DCPS seniority in the job classification of the position to be filled. An employee cannot be recalled to a position which was classified higher than his/her position at the time of layoff. An employee who is recalled for a lower position than his/her position at the time of layoff and who declines the offered position shall retain his/her recall rights. Notification of recall or other job recovery options will be furnished by certified mail to the last home address, with a copy to DCSMEC. The employee shall be expected to notify immediately and report within three working days to the new assignment. If an employee fails to report to a new assignment within the three workdays, he/she shall be removed from the recall list, and shall be deemed to have forfeited further claim to any recall rights. The individual next in the recall sequence shall be notified to report to the new assignment, and so on. Recalled former employees must meet the job qualification requirements existing at the time of layoff in order to be rehired. Any sick leave forfeited at the time of layoff and termination shall be restored at the time of recall and rehire. An employee notified for layoff may bump down or an employee laid off may bump back to any job classification which carries a lower designation within his/her craft, or to Trades Helper, provided his/her over-all job family seniority is greater than the employee in the classification whom he/she seeks to replace. The bumping procedure shall afford the same rights of bumping and recall to any employee who is laid off because he/she was bumped. Employees on layoff for 12 continuous months will be considered terminated and will lose all recall rights.