Common use of LAYOFFS AND RESIGNATIONS Clause in Contracts

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classifications, positions, and work locations, and shall establish bumping rights, which are limited by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a. d. Bumping to a position assigned to a classification with a higher minimum rate of pay is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unit. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(s) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification within 25 miles, the employee shall, if qualified, in order of seniority, transfer to the vacant position. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay which the employee is qualified to hold. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classification; In any agency when two or more employees of the same classification are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification series assigned to a classification with a lower minimum rate of pay; 3. positions within classifications the employee occupied within the previous 12 months of an equivalent or lower minimum rate of pay; 4. positions within the same classification series as the employee occupied within the previous 12 months with a lower minimum rate of pay. 5. positions assigned to a classification with a higher minimum rate of pay if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay within the previous 12 months for other than disciplinary or voluntary reasons. 6. positions of the same classification at any Agency location occupied by an employee with the least seniority in that classification. 7. positions of a lower classification in the same series at any Agency location occupied by an employee with the least seniority in that classification series. 8. previously held positions in other agencies within the last 12 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.9. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification or to a lower classification within the same series for 24 months after layoff. The right of reinstatement to the previous or lower classification with the same series means that any employee laid off shall be offered a vacant position with the same or lower minimum rate of pay in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification within the same series shall be given the opportunity to be reinstated to a position of their previous classification, if positions become available within the 12 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- paid status. 5.14 Employees reinstated during the 12 month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 months. Should the laid off employee return to state employment within 12 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx d. bumping rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classifications, positions, and work locations, and shall establish bumping rights, which are limited by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywideagency wide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a. d. Bumping to a position assigned to a classification with a higher minimum rate of pay is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unit. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(s) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification within 25 miles, the employee shall, if qualified, in order of seniority, transfer to the vacant position. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay which the employee is qualified to hold. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classification; In any agency when two or more employees of the same classification are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification series assigned to a classification with a lower minimum rate of pay; 3. positions within classifications the employee occupied within the previous 12 months of an equivalent or lower minimum rate of pay; 4. positions within the same classification series as the employee occupied within the previous 12 months with a lower minimum rate of pay. 5. positions assigned to a classification with a higher minimum rate of pay if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay within the previous 12 months for other than disciplinary or voluntary reasons. 6. positions of the same classification at any Agency location occupied by an employee with the least seniority in that classification. 7. positions of a lower classification in the same series at any Agency location occupied by an employee with the least seniority in that classification series. 8. previously held positions in other agencies within the last 12 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.9. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification or to a lower classification within the same series for 24 months after layoff. The right of reinstatement to the previous or lower classification with the same series means that any employee laid off shall be offered a vacant position with the same or lower minimum rate of pay in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification within the same series shall be given the opportunity to be reinstated to a position of their previous classification, if positions become available within the 12 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- non-paid status. 5.14 Employees reinstated during the 12 12-month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 months. Should the laid off employee return to state employment within 12 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 12-month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, days within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx d. bumping rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classifications, positions, and work locations, and shall establish bumping rights, which are limited by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a. d. Bumping to a position assigned to a classification with a higher minimum rate of pay is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unit. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(s) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification within 25 miles, the employee shall, if qualified, in order of seniority, transfer be given the opportunity to the vacant positionselect such a vacancy or exercise their bumping rights. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay which the employee is qualified to hold. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, if the employee does not transfer to a vacant position of a classification of the same or lower minimum rate of pay or if no vacancies exist, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classification; In any agency when two or more employees of the same classification are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification series assigned to a classification with a lower minimum rate of pay; 3. positions within classifications the employee occupied within the previous 12 24 months of an equivalent or lower minimum rate of pay; 4. positions within the same classification series as the employee occupied within the previous 12 24 months with a lower minimum rate of pay. 5. positions assigned to a classification with a higher minimum rate of pay if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay within the previous 12 24 months for other than disciplinary or voluntary reasons. 6. positions of the same classification at any Agency location occupied by an employee with the least seniority in that classification. 7. positions of a lower classification in the same series at any Agency location occupied by an employee with the least seniority in that classification series. 8. previously held positions in other agencies within the last 12 24 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.9. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification or to a lower classification within the same series for 24 months after layoff. The right of reinstatement to the previous or lower classification with the same series means that any employee laid off shall be offered a vacant position with the same or lower minimum rate of pay in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 24 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification within the same series shall be given the opportunity to be reinstated to a position of their previous classification, if positions become available within the 12 24 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 24 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- non-paid status. 5.14 Employees reinstated during the 12 24 month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 24 months. Should the laid off employee return to state employment within 12 24 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 24 month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications classes and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work calendar days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control unless emergency budgetary limitations require a lesser period of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disastersnotice. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx d. bumping rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classifications, classes and positions, and work locations, and shall establish bumping rights, which are limited rights by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywide.; b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, or unpaid leaves leaves, of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a.and geographical area; d. Bumping to a position assigned to a classification with a higher minimum rate of pay salary grade is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay salary grade within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not may bump into positions in the bargaining unitunit as allowed in Section 5.6 of the labor contract if the non-bargaining unit employee occupied a position covered by the labor contract within 48 months immediately preceding the effective date of the layoff. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(sclass(es) in the affected geographical area until all temporary employees, with the same funding source, employees within that classification and within 25 miles of the worksite geographical area have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification within 25 milesclass, the employee shall, if qualified, in order of seniority, transfer to the vacant position. If more than one vacancy exists in the same classificationclass, the employee may choose which vacancy they want to fill. In no event Affected bargaining unit employees with the highest seniority shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification more than 25 miles awayhave first choice. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay salary grade which the employee is qualified to hold. If more than one vacancy exists in the same classificationclass, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, if there is no vacancy in the same class and if the employee does not transfer to a vacant position of the same or lower class or if no vacancies exist, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classificationclass; In any agency when two or more employees of the same classification class are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification class in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification class series assigned to a classification with of a lower minimum rate of paysalary grade; 3. positions within classifications classes the employee occupied within the previous 12 24 months of an equivalent equal or lower minimum rate of paysalary grade; 4. positions within the same classification class series as the employee occupied within the previous 12 24 months with of a lower minimum rate of paysalary grade. 5. positions assigned to a classification with in a higher minimum rate of pay salary grade if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay salary grade within the previous 12 24 months for other than disciplinary or voluntary reasons. 6. positions of the same classification class at any Agency location occupied by an employee with the least seniority in that classificationclass. 7. positions of a lower classification class in the same series at any Agency location occupied by an employee with the least seniority in that classification class series. 8. previously held positions in other agencies within the last 12 24 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff a minimum of seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6bumping rights. The seniority of an employee shall be based on service anniversary date as defined in 5.5.bdate. 5.7 Employees bumping to a position with a lower minimum rate of pay salary grade in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.911.12. Employee’s salaries in cases of layoffs shall not exceed the maximum rate for the new salary grade after bumping. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification class or to a lower classification class within the same series for 24 months after layoff. The right of reinstatement to the previous or lower classification class with the same series means that any employee laid off shall be offered a vacant position with in the same previous or lower minimum rate of pay salary grade in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 24 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification within the same series shall be given the opportunity to be reinstated to a position of their previous classification, if positions become available within the 12 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. . a. The agency shall place employees on a re-call list for the classification class from which they were laid off. Employees may designate that they do not wish . b. Laid off employees who refuse to be recalled to positions located at work sites accept any reassignment in excess of 25 fifty miles of their the original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal site shall be removed from placed on the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirementas described in "a" above. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees refusing a position of their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal, forfeit any reinstatement rights. Employees or former employees declining reinstatement to a position of a lower class within the same series shall be given the opportunity to be reinstated to a position of their previous class, if positions become available within the 24 month period. 5.13 Employees or former employees reinstated within 12 24 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into step in the salary range the employee was at when he/she left State employmentpay grade they formerly occupied. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 5.14 The service date for reinstated employees shall be adjusted by the number of days in a non- non-paid status. 5.14 5.15 Employees reinstated during the 12 24 month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 24 months. Should the laid off employee return to state employment within 12 24 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 24 month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 5.16 Layoff provisions do shall not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work consecutive calendar days, within a six month period. In cases of involuntary furloughsuch cases, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications classes and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classificationsclasses, positions, and work locations, and shall establish bumping rights, which are limited rights by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywide. . b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a.and geographical area; d. Bumping to a position assigned to a classification with a higher minimum rate of pay salary grade is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay salary grade within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unitunit as allowed in Section 5.6 of the labor contract. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(sclass(es) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification class within 25 miles, the employee shall, if qualified, in order of seniority, transfer be given the opportunity to the vacant positionselect such a vacancy or exercise their bumping rights. If more than one vacancy exists in the same classificationclass, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification class more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay salary grade which the employee is qualified to hold. If more than one vacancy exists in the same classificationclass, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classification; In any agency when two or more employees of the same classification are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification series assigned to a classification with a lower minimum rate of pay; 3. positions within classifications the employee occupied within the previous 12 months of an equivalent or lower minimum rate of pay; 4. positions within the same classification series as the employee occupied within the previous 12 months with a lower minimum rate of pay. 5. positions assigned to a classification with a higher minimum rate of pay if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay within the previous 12 months for other than disciplinary or voluntary reasons. 6. positions of the same classification at any Agency location occupied by an employee with the least seniority in that classification. 7. positions of a lower classification in the same series at any Agency location occupied by an employee with the least seniority in that classification series. 8. previously held positions in other agencies within the last 12 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.9. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification or to a lower classification within the same series for 24 months after layoff. The right of reinstatement to the previous or lower classification with the same series means that any employee laid off shall be offered a vacant position with the same or lower minimum rate of pay in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification within the same series shall be given the opportunity to be reinstated to a position of their previous classification, if positions become available within the 12 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- paid status. 5.14 Employees reinstated during the 12 month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 months. Should the laid off employee return to state employment within 12 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications classes and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx d. bumping rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classificationsclasses, positions, and work locations, and shall establish bumping rights, which are limited by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a. d. Bumping to a position assigned to a classification with a higher minimum rate of pay salary grade is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay salary grade within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unit. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(sclass(es) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification class within 25 miles, the employee shall, if qualified, in order of seniority, transfer be given the opportunity to the vacant positionselect such a vacancy or exercise their bumping rights. If more than one vacancy exists in the same classificationclass, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification class more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay salary grade which the employee is qualified to hold. If more than one vacancy exists in the same classificationclass, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, if the employee does not transfer to a vacant position of the same or lower class or if no vacancies exist, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classificationclass; In any agency when two or more employees of the same classification class are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification class in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification class series assigned to a classification with of a lower minimum rate of paysalary grade; 3. positions within classifications classes the employee occupied within the previous 12 24 months of an equivalent equal or lower minimum rate of paysalary grade; 4. positions within the same classification class series as the employee occupied within the previous 12 24 months with of a lower minimum rate of paysalary grade. 5. positions assigned to a classification with in a higher minimum rate of pay salary grade if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay salary grade within the previous 12 24 months for other than disciplinary or voluntary reasons. 6. positions of the same classification class at any Agency location occupied by an employee with the least seniority in that classificationclass. 7. positions of a lower classification class in the same series at any Agency location occupied by an employee with the least seniority in that classification class series. 8. previously held positions in other agencies within the last 12 24 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay salary grade in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.911.10. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification class or to a lower classification class within the same series for 24 months after layoff. The right of reinstatement to the previous or lower classification class with the same series means that any employee laid off shall be offered a vacant position with in the same previous or lower minimum rate of pay salary grade in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 24 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification class within the same series shall be given the opportunity to be reinstated to a position of their previous classificationclass, if positions become available within the 12 24 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification class from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 24 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- non-paid status. 5.14 Employees reinstated during the 12 24 month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 24 months. Should the laid off employee return to state employment within 12 24 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 24 month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classifications, positions, and work locations, and shall establish bumping rights, which are limited by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a. d. Bumping to a position assigned to a classification with a higher minimum rate of pay is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unit. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(s) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification within 25 miles, the employee shall, if qualified, in order of seniority, transfer to the vacant position. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay which the employee is qualified to hold. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classification; In any agency when two or more employees of the same classification are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification series assigned to a classification with a lower minimum rate of pay; 3. positions within classifications the employee occupied within the previous 12 24 months of an equivalent or lower minimum rate of pay; 4. positions within the same classification series as the employee occupied within the previous 12 24 months with a lower minimum rate of pay. 5. positions assigned to a classification with a higher minimum rate of pay if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay within the previous 12 24 months for other than disciplinary or voluntary reasons. 6. positions of the same classification at any Agency location occupied by an employee with the least seniority in that classification. 7. positions of a lower classification in the same series at any Agency location occupied by an employee with the least seniority in that classification series. 8. previously held positions in other agencies within the last 12 24 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.9. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification or to a lower classification within the same series for 24 months after layoff. The right of reinstatement to the previous or lower classification with the same series means that any employee laid off shall be offered a vacant position with the same or lower minimum rate of pay in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 24 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification within the same series shall be given the opportunity to be reinstated to a position of their previous classification, if positions become available within the 12 24 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 24 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- non-paid status. 5.14 Employees reinstated during the 12 24 month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 24 months. Should the laid off employee return to state employment within 12 24 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 24 month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classifications, positions, and work locations, and shall establish bumping rights, which are limited by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywideagency wide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a. d. Bumping to a position assigned to a classification with a higher minimum rate of pay is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unit. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(s) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification within 25 miles, the employee shall, if qualified, in order of seniority, transfer to the vacant position. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay which the employee is qualified to hold. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classification; In any agency when two or more employees of the same classification are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification series assigned to a classification with a lower minimum rate of pay; 3. positions within classifications the employee occupied within the previous 12 months of an equivalent or lower minimum rate of pay; 4. positions within the same classification series as the employee occupied within the previous 12 months with a lower minimum rate of pay. 5. positions assigned to a classification with a higher minimum rate of pay if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay within the previous 12 months for other than disciplinary or voluntary reasons. 6. positions of the same classification at any Agency location occupied by an employee with the least seniority in that classification. 7. positions of a lower classification in the same series at any Agency location occupied by an employee with the least seniority in that classification series. 8. previously held positions in other agencies within the last 12 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.9. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification or to a lower classification within the same series for 24 12 months after layoff. The right of reinstatement to the previous or lower classification with the same series means that any employee laid off shall be offered a vacant position with the same or lower minimum rate of pay in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification within the same series shall be given the opportunity to be reinstated to a position of their previous classification, classification if positions become available within the 12 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- paid status. 5.14 Employees reinstated during the 12 12-month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 months. Should the laid off employee return to state employment within 12 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 12-month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, days within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classifications, positions, and work locations, and shall establish bumping rights, which are limited by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywideagency wide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a. d. Bumping to a position assigned to a classification with a higher minimum rate of pay is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unit. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(s) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification within 25 miles, the employee shall, if qualified, in order of seniority, transfer to the vacant position. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay which the employee is qualified to hold. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classification; In any agency when two or more employees of the same classification are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification series assigned to a classification with a lower minimum rate of pay; 3. positions within classifications the employee occupied within the previous 12 months of an equivalent or lower minimum rate of pay; 4. positions within the same classification series as the employee occupied within the previous 12 months with a lower minimum rate of pay. 5. positions assigned to a classification with a higher minimum rate of pay if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay within the previous 12 months for other than disciplinary or voluntary reasons. 6. positions of the same classification at any Agency location occupied by an employee with the least seniority in that classification. 7. positions of a lower classification in the same series at any Agency location occupied by an employee with the least seniority in that classification series. 8. previously held positions in other agencies within the last 12 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.9. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification or to a lower classification within the same series for 24 12 months after layoff. The right of reinstatement to the previous or lower classification with the same series means that any employee laid off shall be offered a vacant position with the same or lower minimum rate of pay in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification within the same series shall be given the opportunity to be reinstated to a position of their previous classification, classification if positions become available within the 12 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- paid status. 5.14 Employees reinstated during the 12 12-month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 months. Should the laid off employee return to state employment within 12 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 12-month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, days within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-non- pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. ‌ 5.1 The Agency shall decide when a layoff is necessary, and which classifications and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classifications, positions, and work locations, and shall establish bumping rights, which are limited by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywideagency wide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a. d. Bumping to a position assigned to a classification with a higher minimum rate of pay is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unit. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(s) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification within 25 miles, the employee shall, if qualified, in order of seniority, transfer to the vacant position. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay which the employee is qualified to hold. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classification; In any agency when two or more employees of the same classification are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification series assigned to a classification with a lower minimum rate of pay; 3. positions within classifications the employee occupied within the previous 12 months of an equivalent or lower minimum rate of pay; 4. positions within the same classification series as the employee occupied within the previous 12 months with a lower minimum rate of pay. 5. positions assigned to a classification with a higher minimum rate of pay if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay within the previous 12 months for other than disciplinary or voluntary reasons. 6. positions of the same classification at any Agency location occupied by an employee with the least seniority in that classification. 7. positions of a lower classification in the same series at any Agency location occupied by an employee with the least seniority in that classification series. 8. previously held positions in other agencies within the last 12 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.9. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification or to a lower classification within the same series for 24 12 months after layoff. The right of reinstatement to the previous or lower classification with the same series means that any employee laid off shall be offered a vacant position with the same or lower minimum rate of pay in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification within the same series shall be given the opportunity to be reinstated to a position of their previous classification, classification if positions become available within the 12 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- paid status. 5.14 Employees reinstated during the 12 12-month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 months. Should the laid off employee return to state employment within 12 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 12-month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, days within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-non- pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications classes and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx d. bumping rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classificationsclasses, positions, and work locations, and shall establish bumping rights, which are limited by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a. d. Bumping to a position assigned to a classification with a higher minimum rate of pay salary grade is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay salary grade within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unitunit as allowed in Section 5.6 of the labor contract. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(sclass(es) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification class within 25 miles, the employee shall, if qualified, in order of seniority, transfer be given the opportunity to the vacant positionselect such a vacancy or exercise their bumping rights. If more than one vacancy exists in the same classificationclass, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification class more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay salary grade which the employee is qualified to hold. If more than one vacancy exists in the same classificationclass, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, if the employee does not transfer to a vacant position of the same or lower class or if no vacancies exist, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classificationclass; In any agency when two or more employees of the same classification class are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification class in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification class series assigned to a classification with of a lower minimum rate of paysalary grade; 3. positions within classifications classes the employee occupied within the previous 12 24 months of an equivalent equal or lower minimum rate of paysalary grade; 4. positions within the same classification class series as the employee occupied within the previous 12 24 months with of a lower minimum rate of paysalary grade. 5. positions assigned to a classification with in a higher minimum rate of pay salary grade if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay salary grade within the previous 12 24 months for other than disciplinary or voluntary reasons. 6. positions of the same classification class at any Agency location occupied by an employee with the least seniority in that classificationclass. 7. positions of a lower classification class in the same series at any Agency location occupied by an employee with the least seniority in that classification class series. 8. previously held positions in other agencies within the last 12 24 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay salary grade in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.911.10. Employee’s salaries in cases of layoffs shall not exceed the maximum rate for the new salary grade after bumping. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification class or to a lower classification class within the same series for 24 months after layoff. The right of reinstatement to the previous or lower classification class with the same series means that any employee laid off shall be offered a vacant position with in the same previous or lower minimum rate of pay salary grade in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 24 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification class within the same series shall be given the opportunity to be reinstated to a position of their previous classificationclass, if positions become available within the 12 24 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification class from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 24 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- non-paid status. 5.14 Employees reinstated during the 12 24 month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 24 months. Should the laid off employee return to state employment within 12 24 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 24 month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications classes and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx d. bumping rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classificationsclasses, positions, and work locations, and shall establish bumping rights, which are limited rights by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a.and geographical area; d. Bumping to a position assigned to a classification with a higher minimum rate of pay salary grade is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay salary grade within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unitunit as allowed in Section 5.6 of the labor contract. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(sclass(es) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification class within 25 miles, the employee shall, if qualified, in order of seniority, transfer be given the opportunity to the vacant positionselect such a vacancy or exercise their bumping rights. If more than one vacancy exists in the same classificationclass, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification class more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay salary grade which the employee is qualified to hold. If more than one vacancy exists in the same classificationclass, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, if there is no vacancy in the same class and if the employee does not transfer to a vacant position of the same or lower class or if no vacancies exist, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classificationclass; In any agency when two or more employees of the same classification class are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification class in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification class series assigned to a classification with of a lower minimum rate of paysalary grade; 3. positions within classifications classes the employee occupied within the previous 12 24 months of an equivalent equal or lower minimum rate of paysalary grade; 4. positions within the same classification class series as the employee occupied within the previous 12 24 months with of a lower minimum rate of paysalary grade. 5. positions assigned to a classification with in a higher minimum rate of pay salary grade if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay salary grade within the previous 12 24 months for other than disciplinary or voluntary reasons. 6. positions of the same classification class at any Agency location occupied by an employee with the least seniority in that classificationclass. 7. positions of a lower classification class in the same series at any Agency location occupied by an employee with the least seniority in that classification class series. 8. previously held positions in other agencies within the last 12 24 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff a minimum of seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.bdate. 5.7 Employees bumping to a position with a lower minimum rate of pay salary grade in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.911.11. Employee’s salaries in cases of layoffs shall not exceed the maximum rate for the new salary grade after bumping. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification class or to a lower classification class within the same series for 24 months after layoff. The right of reinstatement to the previous or lower classification class with the same series means that any employee laid off shall be offered a vacant position with in the same previous or lower minimum rate of pay salary grade in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 24 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification class within the same series shall be given the opportunity to be reinstated to a position of their previous classificationclass, if positions become available within the 12 24 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification class from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees refusing a position of their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal, forfeit any reinstatement rights. 5.13 Employees or former employees reinstated within 12 24 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into step in the salary range the employee was at when he/she left State employmentpay grade they formerly occupied. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 5.14 The service date for reinstated employees shall be adjusted by the number of days in a non- non-paid status. 5.14 5.15 Employees reinstated during the 12 24 month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 24 months. Should the laid off employee return to state employment within 12 24 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 24 month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 5.16 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 5.17 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-non- duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 5.18 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx d. bumping rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classifications, positions, and work locations, and shall establish bumping rights, which are limited by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a. d. Bumping to a position assigned to a classification with a higher minimum rate of pay is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unit. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(s) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification within 25 miles, the employee shall, if qualified, in order of seniority, transfer to the vacant position. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay which the employee is qualified to hold. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classification; In any agency when two or more employees of the same classification are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification series assigned to a classification with a lower minimum rate of pay; 3. positions within classifications the employee occupied within the previous 12 months of an equivalent or lower minimum rate of pay; 4. positions within the same classification series as the employee occupied within the previous 12 months with a lower minimum rate of pay. 5. positions assigned to a classification with a higher minimum rate of pay if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay within the previous 12 months for other than disciplinary or voluntary reasons. 6. positions of the same classification at any Agency location occupied by an employee with the least seniority in that classification. 7. positions of a lower classification in the same series at any Agency location occupied by an employee with the least seniority in that classification series. 8. previously held positions in other agencies within the last 12 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.9. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification or to a lower classification within the same series for 24 months after layoff. The right of reinstatement to the previous or lower classification with the same series means that any employee laid off shall be offered a vacant position with the same or lower minimum rate of pay in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification within the same series shall be given the opportunity to be reinstated to a position of their previous classification, classification if positions become available within the 12 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, period unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- paid status. 5.14 Employees reinstated during the 12 month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 months. Should the laid off employee return to state employment within 12 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.

LAYOFFS AND RESIGNATIONS. 5.1 The Agency shall decide when a layoff is necessary, and which classifications and positions will be affected. Reasonable alternatives will be analyzed, reduced to writing and presented to the Union at the meeting provided for between the agency and the union at Section 5.2 prior to laying off any front line bargaining unit employee(s). These alternatives shall include: a. Eliminating unfilled, funded positions. b. Reducing layers of bureaucracy and re-directing resources to the front-line positions. c. Providing re-training/transfer opportunities within the agency. d. Reducing the work force by attrition. 5.2 Within three workdays of issuing the layoff notices to affected employees, the Agency shall meet with the Union regarding the layoff. An overall layoff plan shall be provided to the Union at least five work days prior to the meeting between the Union and the Agency. The Union agrees to keep such advance information confidential until affected employees receive layoff notice from the Agency. 5.3 Each employee affected by a layoff shall be provided as much advance written notice as feasible, but shall not be provided notice less than fifteen workdays prior to the effective date of the layoff except in circumstances beyond the control of the Agency, such as: revenue shortfalls, loss of federal funds, and natural disasters. 5.4 The layoff notice shall be provided to affected employees fifteen workdays prior to the date of layoff, and shall at a minimum include: a. the reason for the layoff; b. the effective date of layoff; c. the seniority list of bargaining unit members affected; and x. xxxxxxx d. bumping rights. 5.5 When a layoff occurs the following rules shall apply: a. The Agency shall identify the affected classifications, positions, and work locations, and shall establish bumping rights, which are limited by facility, and/or geographical area, and/or bargaining unit, and/or by Division and/or by total Agency in order to provide the most efficient continued operation of the Agency. Such bumping limitations must be specifically defined and pre-set in the Agency layoff plan. If no other options exist, then under Section 5.6.c.6 and 5.6.c.7 the employee may bump agencywide. b. The order of layoff will be based on service anniversary date as adjusted for leaves of absence, layoffs, suspensions, unpaid leaves of more than 14 calendar days, except for military leave. Time spent as an intermittent or temporary employee is not counted. If both employees have the same service anniversary date then the tie shall be broken by lot. c. If bumping to an occupied position, the person being displaced must be the least senior employee in that classification consistent with the identified bumping limitations at Section 5.5.a. d. Bumping to a position assigned to a classification with a higher minimum rate of pay is not allowed unless the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower rate of pay within the previous twenty-four months for other than disciplinary or voluntary reasons. e. Bumping shall not take place between agencies. f. Bumping shall be limited to positions covered by this contract except as determined otherwise by the Agency Head and/or his/her Designee. g. Non-bargaining unit employees shall not bump into positions in the bargaining unit. Employees not covered by these bargaining units who are subject to layoff due to an agency reorganization may fill vacant positions covered by this contract, only after these vacant positions are offered to bargaining unit employees subject to layoff. h. The agency plan may not layoff permanent employees in the affected classification(s) in the affected geographical area until all temporary employees, with the same funding source, within that classification and within 25 miles of the worksite have been released. 5.6 Subject to the limitations of the agency layoff plan, the rights of the laid off employee shall be in the following sequential order: a. If there is a vacant position in the same classification within 25 miles, the employee shall, if qualified, in order of seniority, transfer to the vacant position. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. In no event shall an employee be required to accept a transfer or reassignment in excess of twenty-five miles from their current work location. Employees may, if qualified, voluntarily accept a vacant position of the same classification more than 25 miles away. b. In lieu of bumping, an employee may transfer to a vacant position of the same or lower minimum rate of pay which the employee is qualified to hold. If more than one vacancy exists in the same classification, the employee may choose which vacancy they want to fill. Affected bargaining unit employees with the highest seniority shall have first choice. The salary of the employee selecting transfer shall be set in accordance with section 5.7 of this Article. If two or more laid off employees have the same service anniversary date and elect to transfer to the same vacant position, this tie shall be broken by lot. c. In order to provide the most efficient continued operation of the Agency, employees occupying positions designated for layoff and who elect to exercise his/her bumping rights shall, except in situations where specific job related factors are involved, bump employees with the least seniority in the following sequence: 1. positions of the same classification; In any agency when two or more employees of the same classification are being laid off concurrently, the employee with the most state seniority shall have the first choice of the positions eligible to be bumped into, however, no employee shall be allowed to bump a more senior employee. The positions eligible to be bumped into shall equal the number of positions of the same classification in the agency which will remain occupied, or the total number of positions being reduced, whichever is the smaller number. The positions eligible to be bumped shall be the ones occupied by employees with the least state seniority. 2. positions within the same classification series assigned to a classification with a lower minimum rate of pay; 3. positions within classifications the employee occupied within the previous 12 24 months of an equivalent or lower minimum rate of pay; 4. positions within the same classification series as the employee occupied within the previous 12 24 months with a lower minimum rate of pay. 5. positions assigned to a classification with a higher minimum rate of pay if the employee actually performed the duties of the higher level position and was reclassified to a position assigned to a classification with a lower minimum rate of pay within the previous 12 24 months for other than disciplinary or voluntary reasons. 6. positions of the same classification at any Agency location occupied by an employee with the least seniority in that classification. 7. positions of a lower classification in the same series at any Agency location occupied by an employee with the least seniority in that classification series. 8. previously held positions in other agencies within the last 12 24 months if the employee's duties and responsibilities were reassigned from one agency to another agency. d. Agencies shall provide employees occupying positions designated for layoff seven calendar days to respond to bumping options. e. Employees who are bumped from their positions shall be able to exercise their rights as outlined in Section 5.6. The seniority of an employee shall be based on service anniversary date as defined in 5.5.b. 5.7 Employees bumping to a position with a lower minimum rate of pay in lieu of layoff shall, at the discretion of the Agency Head and/or his/her Designee, have their salary reduced in accordance with Section 11.9. 5.8 Employees who have retired shall not be eligible for recall. Other employees or former employees who have been laid off are eligible for reinstatement to their previous classification or to a lower classification within the same series for 24 months after layoff. The right of reinstatement to the previous or lower classification with the same series means that any employee laid off shall be offered a vacant position with the same or lower minimum rate of pay in the same series from which he/she was laid off, provided he/she meets the minimum qualifications for the vacancy before a new employee may be hired or current employee promoted. 5.9 Any employee laid off shall be offered a position in the classification from which he/she was laid off, provided he/she meets the minimum qualifications for the position before a new employee may be hired for such position by the Agency if such opening becomes available within 12 24 months of the employee's layoff. If the employee was exempt from the current minimum qualifications for the position before the employee was laid off, the employee shall be exempt from the current minimum qualifications for purposes of recall. Employees or former employees declining reinstatement to a position of a lower classification within the same series shall be given the opportunity to be reinstated to a position of their previous classification, if positions become available within the 12 24 month period. 5.10 Former employees who were laid off, or employees who transferred or bumped to another position in lieu of layoff, shall be reinstated in the reverse order from which they were laid off or transferred. The Agency shall maintain a list of laid off employees eligible for reinstatement. The agency shall place employees on a re-call list for the classification from which they were laid off. Employees may designate that they do not wish to be recalled to positions located at work sites in excess of 25 miles of their original work site. Employees or former employees who decline to be recalled twice to any permanent position in their previous classification and location or not acting to notify the Agency Head and/or his/her Designee of acceptance or refusal shall be removed from the recall list and shall no longer have recall rights. Offers for temporary employment to their previous classification/location shall not be counted towards the two recall limitation requirement. 5.11 Those desiring to be reinstated shall, following notification by certified mail or following notification by e-mail for which a return delivery receipt is received, of the availability of a position, notify the Agency Head and/or his/her Designee in writing of the acceptance or refusal of the position within seven calendar days. It is the responsibility of the employee or former employee to inform the Agency of any change in address. Failure to receive notification of a position's availability because of an address change shall not cause the seven calendar day reply period to be lengthened. 5.12 Employees or former employees reinstated within 12 24 months to a position of their previous classification (held at the time of layoff) shall return at the same distance into the salary range the employee was at when he/she left State employment. Employees reinstated shall not be required to serve an original probationary period, unless this probationary period was not completed prior to layoff. In those instances where the employee was serving a probationary period upon layoff, the probationary period will be completed upon reinstatement. 5.13 The service date for reinstated employees shall be adjusted by the number of days in a non- non-paid status. 5.14 Employees reinstated during the 12 24 month period shall retain all previously accumulated sick leave, except that employees who have previously received payment for one-quarter of their sick leave balance shall start with a zero sick leave balance. Employees eligible for retirement who are laid off shall have the option to defer the payment of one-quarter of their sick leave account for up to 12 24 months. Should the laid off employee return to state employment within 12 24 months, the employee's sick leave balance and service date shall be reinstated (minus time in a non-pay status). Should the laid off employee not obtain further state employment at the end of the 12 24 month period, the agency from which they left shall pay them one-quarter of their sick leave account. 5.15 Layoff provisions do not apply to voluntary or involuntary furloughs of less than a total of thirty (30) work days, within a six month period. In cases of involuntary furlough, employees will be furloughed starting with the least senior employees within classification of the affected program area and work unit. In order for this to be implemented, the Governor shall approve all furloughs. 5.16 Furlough is defined as placing an employee in a temporary non-duty, non-pay status because of the lack of funds. An intermittent furlough is a furlough action in which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one work day per month for a six month period) rather than consecutively. 5.17 Furloughs shall not adversely affect an employee’s health insurance premium contributions and service anniversary date, nor shall leave earnings be prorated as a result of the furlough.